Case law

Lenon v. Public Employees Retirement Board

228 Or. App. 20 · Court of Appeals of Oregon · Apr 29, 2009

That is so, PERB maintains, because paragraph 6 incorporates former ORS 237.153, and the text of that statute clearly precludes petitioner from receiving the sick leave benefit. … An ‘active member’ is one who ‘is presently employed by a participating employer in a qualifying position.’ ORS 238.005(12)(b).

Siuslaw F. Group v. Lane Co. Assessor, Tc-Md 080939c (or.tax 4-17-2009)

Oregon Tax Court · Apr 17, 2009

ORS 307.030 . 7 However, ORS 307.400 exempts from assessment and taxation qualifying "inventory." … The rules established by the courts, as set forth above, clearly reveal that the focus is both on the nature of the item ( i.e ., whether it is primarily held for sale) and on the nature of the business ( i.e ., those "businesses

State v. Shields

280 Or. 471 · Oregon Supreme Court · Nov 29, 1977

be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish … The court held that he could *481 not create an immunity to the murder charge by a guilty plea to the theft charge.

Williams v. Poppleton

3 Or. 139 · Multnomah County Circuit Court, Oregon · Nov 15, 1869

If he is qualified to act and is faithful to the great trusts confided to him, he deserves the full protection the rules of law afford him. … Fraud will not be presumed, but must be established by-proof. The burden of proof is on the plaintiff to establish fraud.

Chao v. Westside Drywall, Inc.

254 F.R.D. 651 · District Court, D. Oregon · Jan 6, 2009

Brumfield Construction, 2008 WL 1928984 , at *1 (exception to privilege); Dole, 870 F.2d at 373 (qualified privilege). Discussion 1. The Secretary has not properly invoked the privilege. … Clearly, and as the Secretary’s offer implicitly concedes, the cases establish the contrary proposition.

Doe v. Kosicek

District Court, D. Oregon · Jun 27, 2025

And to establish “RICO standing” a plaintiff must show: (1) that his alleged harm qualifies as injury to his business or property; and (2) that his harm was by reason of’ the RICO violation. … A court is immune from suit for its legal decisions. Conover v. Haggerty, No. 04-1087-KI, 2004 WL 1970152, at *1 (D. Or. Sept. 7, 2004).

United States v. Currey

206 F. 322 · District Court, D. Oregon · Jul 28, 1913

By the first count it is charged that the defendant received through the post office establishment a certain letter (setting the same out by copy), and that thereafter the defendant, in response to such letter, “did knowingly … The articles and things are specified in the letter, and the letter very clearly discloses the use for which they are designed and calculated. [2] It is enough that the letter gives information where unmailable articles may

Multnomah Cnty., an Existing Cnty. Gov'T&a Body Politic & Corporate v. Azar

340 F. Supp. 3d 1046 · District Court, D. Oregon · Aug 30, 2018

Cir. 2003) (holding that a directive in a press release was more than a mere policy statement, and clearly established a substantive rule declaring that third-party human studies were deemed immaterial in EPA regulatory decision … HHS also ignores the qualifier that the programs must be "proven effective by rigorous evaluation."

State v. Taylor

271 Or. App. 292 · Court of Appeals of Oregon · May 20, 2015

In a bench trial, a defendant can preserve a challenge to the sufficiency of the evidence if the “defendant clearly raises the issue in closing argument.” Id. … Given that understanding of the term “dwelling,” entry into any part of a building in which people reside at night qualifies as entry into a dwelling.

Dept. of Rev. v. Croslin

19 Or. Tax 69 · Oregon Tax Court · May 23, 2006

Here, the words "or" and "that" in the first sentence of ORS 305.437 (1) make clear that the statute establishes two instances in which damages must be awarded: first, "[w]henever it appears to the Oregon Tax Court that proceedings … Dept. of Rev., 18 OTR 296 (2005). 4 Taxpayers also admitted that they had "instituted and maintained the proceedings before the Magistrate Division and clearly their position in the Magistrate Division was frivolous." 5 In

Reed v. Reed

215 Or. 91 · Oregon Supreme Court · Dec 17, 1958

The words “any estate,” “devised” and “devisee,” as used in ORS 114.240, have apparently been accepted by bar and bench as so clearly including legacies and bequests that no one has ventured to suggest the contrary. … Moreover, it is a well-established rule that in the construction of statutes, words used in the statute which have a well-defined legal meaning are to be given that meaning. Cordon v.

McMellon v. Safeway Stores, Inc.

945 F. Supp. 1402 · District Court, D. Oregon · Nov 13, 1996

O.R.S. 656.018(l)(a) provides, in relevant part: The liability of every employer who satisfies the duty required by ORS 656.017(1) [to maintain workers’ compensation insurance or qualify as a self-insured employer] is exclusive … Oregon, 319 Or. 319, 325 , 877 P.2d 66 (1994) (statute granting immunity to state for injuries to people covered by workers’ compensation does not provide immunity for wrongful discharge).

Haney v. Neace-Stark Co.

109 Or. 93 · Oregon Supreme Court · Jul 17, 1923

It is in *124 cumbent upon him who would avail himself of the defense of former adjudication to establish it. … It was claimed in that case, as in this, that a dismissal in equity, without qualifying words, is a final decision on the merits. Mr.

Drake v. Alonso

285 Or. App. 620 · Court of Appeals of Oregon · May 17, 2017

It establishes a prima facie case for granting the restraining order, and that’s what a restraining order is based on in the initial stage. … Respondent’s argument is not entirely clear and, at times, could be viewed as contending that the trial court erred as a matter of law in concluding that the facts that it had found qualified as “abuse” under FAPA.

Hedum v. Starbucks Corp.

546 F. Supp. 2d 1017 · District Court, D. Oregon · Feb 7, 2008

Hedum has met her burden at this stage of demonstrating she was qualified for her position. Ms. … I disagree, and find that her Complaint clearly links her wrongful discharge claim only to her claims of religious discrimination and retaliation.

Dept. of Rev. v. New Friends of the Beaverton City Library

23 Or. Tax 512 · Oregon Tax Court · Nov 26, 2019

The court concludes that taxpayer fully satisfies the entity-level requirements and qualifies as a charitable institution. D. … (discussing the 1864 Act incorpo- rating “literary and charitable societies” (citing the Supreme Court’s rejection of the destination-of-income theory in Benevolent Society to justify stripping nonprofit corporations of immunity

Mercado v. Rogue Disposal & Recycling, Inc.

347 Or. App. 874 · Court of Appeals of Oregon · Mar 18, 2026

Plaintiff clearly alleged ultimate facts that, if true, are sufficient to establish the first two elements. … Defendant’s direct or imputed knowledge of the protected activity is necessary to establish a causal connection.

Tharp v. Psychiatric Security Review Board

338 Or. 413 · Oregon Supreme Court · Apr 14, 2005

He referred to the Rogers insanity defense study and its list of diagnoses — including, among other things, drug and alcohol dependency — that qualified as ‘personality disorders.’ … Despite the foregoing evidence of legislative intent, the board insists that “[t]he legislative history does not. clearly express the legislative intent.”

State Ex Rel. Juvenile Department of Washington County v. Slack

17 Or. App. 57 · Court of Appeals of Oregon · Apr 1, 1974

“Kent clearly requires a statement of reasons for a waiver and transfer order under constitutional ‘due process’ and ‘assistance of counsel’ requirements. … Since, however, the majority opinion renders such a disposition impossible, I rest my dissent on the ground that, from the cold record, the state, in my view, has clearly failed to support its burden of establishing that

Maxwell v. Kelly Services, Inc.

730 F. Supp. 2d 1254 · District Court, D. Oregon · Jul 7, 2010

Qualified for the Position To meet the second prong of the McDonnell Douglas prima facie test, a plaintiff need only establish that she was qualified for the job according to objectively measurable criteria, such as level … Therefore, reading the evidence in the light most favorable to Maxwell, she has met the minimal showing necessary to establish that she was qualified for the Merix position. 2.