Case law

State v. Ortiz

372 Or. 658 · Oregon Supreme Court · Aug 8, 2024

That testimony, the court concluded, was “scien- tific” evidence that required an additional foundational showing to establish its scientific validity. … Other scholars have reached similar conclusions: “Daubert clearly establishes that trial judges must eval- uate expert scientific testimony ‘at the outset,’ and that their analysis should focus on whether the

Parents for Privacy v. Dall. Sch. Dist. No. 2

326 F. Supp. 3d 1075 · District Court, D. Oregon · Jul 24, 2018

The Ninth Circuit rejected the parole officer's claim for qualified immunity, concluding that the plaintiff had asserted a clearly established right to bodily privacy. Id. … Instead, it concluded that the contours of the right to privacy were not clear and the defendants were entitled to qualified immunity. Id.

Logan v. West Coast Benson Hotel

981 F. Supp. 1301 · District Court, D. Oregon · Sep 9, 1997

The Ninth Circuit follows the rule that in regards to “the issue of individual liability under Title VII, ... liability runs to qualifying employers’ only and not to individuals.” Sniadoski v. … directly or indirectly, any person or class of person of the equal protection of the laws, or of equal privileges and immunities under the laws.’

Fougherouse v. Brownell

163 F. Supp. 580 · District Court, D. Oregon · Jan 10, 1958

In these latter articles, nothing appears that would remotely establish his membership in the Communist Party, hence they were also irrelevant. … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.” Harisiades v.

Miller v. Multnomah County

153 Or. App. 30 · Court of Appeals of Oregon · Mar 18, 1998

The text of ORS 197.835(10)(a)(B), viewed in its context, clearly includes only county actions that are taken with the deliberate design of avoiding the requirements of ORS 215.428. … ORS 215.750(l)(c) provides: “In western Oregon, a governing body of a county or its designate may allow the establishment of a single-family dwelling on a lot or parcel located within a forest zone if the lot or parcel is

State v. Lovern

234 Or. App. 502 · Court of Appeals of Oregon · Mar 31, 2010

There — it’s an unusual appearance to have that level of notching but it’s not so specific that it indicates that there was clearly an injury there before.” … In sum, “[t]he experts were all qualified, the techniques used are generally accepted, the procedures rely on specialized literature in the field, and the procedures used are not novel.

State Ex Rel. Juvenile Department of Multnomah County v. Cornett

121 Or. App. 264 · Court of Appeals of Oregon · Jun 23, 1993

Clearly, Weir was working as a mental health care professional. We now turn to the second and third requirements of Moen . … Clearly, the Mental Health Division considers a “Qualified Mental Health Professional” to be competent to assess relationships and mental status, document diagnostic impressions, treat and counsel in a mental health setting

Strawberry Hill 4 Wheelers v. Board of Commissioners

287 Or. 591 · Oregon Supreme Court · Oct 23, 1979

The law distinguished clearly between the county court’s judicial jurisdiction and its conduct of county business. … The establishment or vacation of a county road is expressly made an item of county business, as stated above.

Metropolitan Property & Casualty v. Harper

168 Or. App. 358 · Court of Appeals of Oregon · Jun 7, 2000

The concave burn pattern to the first three treads clearly indicates a heat source located at the south end of the steps. … With respect to subparagraphs (d), (e), and (f), there was no evidence establishing that the heater either overheated or tipped over.

Willamette University v. Knight

35 Or. 33 · Oregon Supreme Court · Feb 13, 1899

The state court held, respecting the constitution of 1848, that the general assembly was clearly restricted in the exercise of its discretion in making exemptions to property for school and religious and charitable purposes … True, the Massachusetts statute differs somewhat from ours in the use of the words “by them or their officers,” qualifying the term “occupied.” The distinction, however, is more apparent than real.

State v. Briney

345 Or. 505 · Oregon Supreme Court · Dec 31, 2008

established that defendant’s pistol fell within the statutory definition of a “firearm.” … Many of the qualifiers used within the dictionary definition, e.g., “with fairly quick efficiency,” “without needless loss of time,” and “reasonably fast” (emphases added), suggest as much.

Higuera v. City of Portland

District Court, D. Oregon · May 8, 2020

To establish a prima facie case of discriminatory failure to hire, a plaintiff must demonstrate that: (1) he belongs to a protected class; (2) he applied and was qualified for a job for which the employer was seeking applicants … immunity for Ms.

Medical Building Land Co. v. Department of Revenue

283 Or. 69 · Oregon Supreme Court · Jul 12, 1978

. *72 Plaintiffs’ appeal of this determination to the Department was denied, and plaintiffs filed suit in the Tax Court seeking to set aside this denial and to establish the true cash value of the subject property at $2,625,000 … At trial before the Tax Court, each side put on a single witness, both being characterized by the Tax Court as "able, experienced men, clearly qualified as an expert.”

State v. Nelson

224 Or. App. 193 · Court of Appeals of Oregon · Dec 3, 2008

See Crawford, 541 US at 59 n 9 (“The Clause also does not bar the use of *199 testimonial statements for purposes other than establishing the truth of the matter asserted.” (citing Street, 471 US at 414 )). … court’s instructions demonstrate that, in finding defendant guilty of Counts 4 and 7, the jury necessarily found that those two crimes did not arise out of the same continuous and uninterrupted course of conduct — thus qualifying

Mitchell v. Campbell

19 Or. 198 · Oregon Supreme Court · May 7, 1890

It is not sufficient to entitle the heirs of the devisee now to recover, to establish the fact that the estate so vested has been divested; but that it has been divested in *207 a manner inconsistent with, the principles … It cannot make good retrospectively acts or contracts which it had and could have no power to permit or sanction in advance. ” This last clause indicates very clearly what the author did mean by “curing defects in legal proceedings

Roberts v. SAIF Corp.

341 Or. 48 · Oregon Supreme Court · Jun 15, 2006

discussing the question, the committee decided not to amend that section of the bill, but the chair explained that the committee intended that the exclusion would apply to only those recreational and social activities "that clearly … However, those statutes also create an employer immunity from worker claims (other than those grounded in or authorized by the Workers' Compensation Law) that is not linked to the compensability of the underlying injury.

State v. George

16 L.R.A. 737 · Oregon Supreme Court · Mar 22, 1892

McBride, supra, established the principle that the legislature, in the appointment of the railroad commissioners, had not encroached upon the executive department of the government, they were state officers, charged with … It is not whether the general assembly, the executive, or the judiciary are the best qualified to select and appoint such officers, but where is the power to do so lodged?

Bark v. Larsen

423 F. Supp. 2d 1135 · District Court, D. Oregon · Mar 17, 2006

The correspondence from these negotiations serves to further establish a specific and significant additional change in the legal relationship between the parties. … Rather, it shows that the first draft of the stipulation contained language that was unsatisfactory to plaintiffs because it did not clearly set out the scope of the withdrawal.

Conley v. Crabtree

14 F. Supp. 2d 1203 · District Court, D. Oregon · Jul 24, 1998

Lorentsen, 106 F.3d 278 (9th Cir.1997) (“Lorentsen I”), which held that a Bailey motion does not qualify for certification because it is not based upon “newly discovered evidence” or “a new rule of constitutional law,” which … establishes that the application for certification would be futile, as is the case now in many circuits with Bailey claims.

Hardegger v. Amsberry

305 Or. App. 726 · Court of Appeals of Oregon · Aug 12, 2020

Wainright, 372 US 335, 83 S Ct 792, 9 L Ed 2d 799 (1963), as the kind of rule that would qualify.” Miller v. Lampert, 340 Or 1, 9, 125 P3d 1260 (2006). … New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), would qualify. 336 Or at 381.