Case law

In Re Complaint as to the Conduct of Snyder

348 Or. 307 · Oregon Supreme Court · May 27, 2010

He advised Cohn that both the city and the county were immune from liability for his injuries. … Clearly, the accused acted knowingly.

Multnomah County v. Mehrwein

366 Or. 295 · Oregon Supreme Court · Apr 23, 2020

That phrase is further defined to refer to a communication that “clearly and unambiguously urges the election or defeat of a clearly identified candidate for nom- ination or election to public office, or the passage or defeat … of a clearly identified measure,” ORS 260.005(10)(c)(A)(i) (2015), or communications that “refer[ ] to a clearly identi- fied candidate who will appear on the ballot or to a political party,” ORS 260.005(10)(c)(B)(ii) (2015

State v. Lafferty

240 Or. App. 564 · Court of Appeals of Oregon · Feb 16, 2011

I know that the law provides for an increase in the maximum up to 30 years if I qualify as a dangerous offender. I understand that this will not happen in this case. … Moreover, as noted, defendant did not purport to qualify his waiver of a jury trial in any way; neither did he subsequently assert during the course of the trial that any limits or conditions applied to his waiver.

In Re Complaint as to the Conduct of Drake

292 Or. 704 · Oregon Supreme Court · Mar 23, 1982

The evidence clearly establishes a violation of DR 5-104(A). Not only was there no full disclosure, there was no disclosure at all. No consent was obtained. … Unlike the Trial Board, however, we are not clearly and convincingly persuaded that Drake was “not credible.” On this record, we are not convinced that he should be permanently disbarred.

Pound v. Benton County Health Department

District Court, D. Oregon · Sep 19, 2025

Plaintiff requested a medical exemption, citing his natural immunity. Id. Defendant denied that request and removed Plaintiff from the recall list. Id. … Disparate Treatment Plaintiff must establish a prima facie case for disparate treatment by showing that “(1) he is a member of a protected class; (2) he was qualified for

Patton v. J. C. Penney Co.

75 Or. App. 638 · Court of Appeals of Oregon · Oct 9, 1985

Clearly, that relationship is not an arm's length one between strangers. … Well-established public policies are advanced.

Nakamoto v. Kulongoski

322 Or. 181 · Oregon Supreme Court · Oct 12, 1995

summary would convey more precisely to voters the major effect of the measure because, by informing voters of the current status of *188 Oregon law, voters could infer more easily that the measure would have some, as yet not clearly … In order to qualify as a “minority business enterprise,” the business must be “at least 51 percent owned by a minority individual(s) or women[.]” OAR 125-030-000(8).

Weber v. Oakridge School District 76

184 Or. App. 415 · Court of Appeals of Oregon · Oct 23, 2002

The district’s drug policy qualifies, therefore, as long as it was “promulgated pursuant to authority.” … that the risk of injury to student-athletes is sufficiently serious to qualify as “compelling” is beside the point.

State v. Bouse

199 Or. 676 · Oregon Supreme Court · Dec 9, 1953

the accused must be according to the established rules as to competency. 14 Am Jur 849, Criminal Law, § 120; 16 CJS 1181, Constitutional Law, § 589. … “Q Now, were there any offers of immunity or reward held out to the defendant to make this statement? “A There were none. “Q Did he give it freely and voluntarily?

Peta v. Inst. Animal Care & Use Com.

794 P.2d 1224 · Court of Appeals of Oregon · Jun 27, 1990

PETA argues that, under that language, it clearly has standing, because it participated, advocated its position and lost. … ORS 183.310(5)(b). [3] PETA qualifies as a person under ORS 183.310(7): "`Person' means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other

Piburn v. SAIF Corp.

199 Or. App. 494 · Court of Appeals of Oregon · May 11, 2005

OAR 436-035-0020 clearly distinguishes between the hand and digits: Subsection (3) states that “[t]he hand begins at the joints between the carpals and metacarpals” and “extends to the joints between the metacarpals and the … At least two digits must have impairment other than loss of opposition to qualify for conversion to hand. *499 “(2) When converting impairment values of digits to hand values, the applicable hand impairment is determined

State v. Smith

228 Or. 340 · Oregon Supreme Court · Sep 6, 1961

. ; •: The foregoing facts were, established by uneontradicted evidence. … But there are other cases, where, notwithstanding the intention clearly was to destroy life, the offense is reduced to manslaughter, by circumstances of great and sudden provocation, or the like. * * *” 42 NH at 492.

Palandech v. Department of Revenue, Tc-Md 100015c (or.tax 3-23-2011)

Oregon Tax Court · Mar 23, 2011

Plaintiffs insist that special protections afforded certain qualifying military personnel under federal law change the complexion of this appeal. … Residence Applying the three-part test laid out in White , Thomas clearly established a "residence" in several other states after leaving Oregon, the first of which was Washington, where he moved to 1989.

State v. Cazares-Mendez/Reyes-Sanchez

350 Or. 491 · Oregon Supreme Court · Jul 8, 2011

The court confirmed that it is for the jury to decide whether the 22 witness to the hearsay statement was credible: 20  1 "[U]nder the established rules of evidence … In particular, the state asserts that there is no independent evidence to establish that Scherer committed the murder.

Hayes Oyster Co. v. Dulcich

170 Or. App. 219 · Court of Appeals of Oregon · Oct 4, 2000

establish the value of the unseeded shells themselves. … It subsequently qualified that ruling by saying “at least at this point in the proceedings, and it’s subject to further, I suppose, motions to look at down the road.”

Educational Credit Management Corp. v. DeGroot

339 B.R. 201 · District Court, D. Oregon · Mar 7, 2006

Under this program, private lenders lend money to students seeking degrees at qualifying institutions, without regard to their creditworthiness. … But, Congress has clearly expressed its intent that student loans generally not be discharged in bankruptcy, and whereas Ms.

Semler v. Cook-Waite Laboratories, Inc.

203 Or. 139 · Oregon Supreme Court · Dec 22, 1954

We copy the following from the defendant-respondent’s brief: “ ‘Bespondent is a foreign corporation which has not qualified to do business in this state nor appointed any statutory agent for service herein, nor can any one … Clearly, it never intends to reward those who flaunt our laws and render their condition superior to those who obey the law.

Grayson v. Le Caillec

District Court, D. Oregon · Jul 16, 2024

dismiss the case at any time if the court determines that” the action is: (1) “frivolous or malicious;” (2) “fails to state a claim on which relief may be granted;” or (3) “seeks monetary relief against a defendant who is immune … Article 3 is intended to establish clear, practical rules for negotiable instruments. State es rel. Bus. Dev. Dep’t v. Huttenbauer, 301 Or. App. 340, 341 & n.1 (2019).

Oregon College of Education Federation of Teachers v. Employment Relations Board

29 Or. App. 39 · Court of Appeals of Oregon · Apr 11, 1977

In fact, she had assumed all of the responsibilities and was entitled to all of the benefits of employment within the qualifying payroll period. … She clearly shared a community of interest with her fellow employes sufficiently to enable her to participate in decisions regarding representation.

Mendoza v. Xtreme Truck Sales, LLC

328 Or. App. 471 · Court of Appeals of Oregon · Oct 4, 2023

Moreover, it is well established in analogous federal case law that a trial court may need to engage in factfinding to decide an FRCP 68 motion. See, e.g., Hobbs v. … erroneous); Vasconcelo, 981 F3d at 944 (“[T]he district court did not clearly err in its implicit factual finding that Vasconcelo’s non-pecuniary interest in establishing Miami Auto Max’s liability was not worth more than