Case law

Ashland Drilling, Inc. v. Jackson County

168 Or. App. 624 · Court of Appeals of Oregon · Jun 28, 2000

First, the state program clearly regulates the licensing of water well constructors. ORS 537.750. … See OAR 690-217-0050 (licensed water well constructors are qualified to conduct well “pump” tests according to acceptable techniques).

Knight v. Hamakar

40 Or. 424 · Oregon Supreme Court · Dec 30, 1901

Hamakar has been and now is the duly appointed, qualified, and acting administrator de bonis non'oí said estate; that in pursuance of an order of said court, Hamakar on May 4, 1895, sold to L. T. … establishes a claim against said estate, and that until the order based thereon is set aside, modified, or reversed, the estate was indebted to Knight in the sum so specified.

Vasquez-Lopez v. Beneficial Oregon, Inc.

210 Or. App. 553 · Court of Appeals of Oregon · Jan 31, 2007

Under Oregon law, as noted above, procedural unconscionability is relevant, but the emphasis is clearly on substantive unconscionability: “The substantive fairness of the challenged terms is always an essential issue.” … Oregon law clearly establishes that unconscionability *573 “applies to contract terms rather than to contract performance.” Best, 303 Or at 560 .

Newcomb v. State of Oregon

District Court, D. Oregon · Mar 25, 2025

from suit in federal court pursuant to Eleventh Amendment immunity. … Furthermore, Plaintiff has not clearly alleged any basis for applying any of the exceptions to Younger abstention.

Shepard Investment Group LLC v. Ormandy

371 Or. 285 · Oregon Supreme Court · Jul 20, 2023

But the trial court’s fac- tual findings establish that landlord violated ORS 90.315(4) in multiple ways, not merely by committing one violation that recurred monthly. … The majority inserts qualifiers into paragraph (f) of ORS 90.315(4) that do not appear in the text in at least two ways.

Jones v. Department of Revenue, Tc-Md 000753a (or.tax 7-8-2008)

Oregon Tax Court · Jul 8, 2008

not establishing a partnership). … Circuit opined that "if engaging in business activity were sufficient to validate a partnership ASA would qualify." ASA Investerings , 201 F3d at 512 .

State v. Spears

223 Or. App. 675 · Court of Appeals of Oregon · Nov 12, 2008

“Takes” is a well-established legal term that has long held a place in the common law of larceny. … Thus, while ORS 164.015(1) describes ‘theft’ by using four words, the effect is clearly to define one single concept.” Id. at 218-19 (emphasis added).

Life Flight Network LLC v. Deschutes County Assessor and Dept. of Rev.

Oregon Tax Court · May 6, 2016

ORS 307.022 allows an LLC to qualify for property tax exemption “if and to the extent that all of the nonprofit corporation owners * * *would qualify for the exemption or special assessment.” … Conclusion The phrase “nonprofit corporation” as used in ORS 307.022 does not clearly exclude a public corporation such as OHSU.

Ankeny v. Blakley

44 Or. 78 · Oregon Supreme Court · Dec 7, 1903

He was qualified to testify on the subject, as he was managing Mrs. … The allegations of the complaint, therefore, are not established by the evidence, and the decree of the trial court in dismissing it was properly rendered. Affirmed.

State v. Tucker

286 Or. 485 · Oregon Supreme Court · Jun 5, 1979

Once identity is satisfactorily established the offender should be cited and released unless grounds for further detention appear. … In the present case, defendant’s identity had not yet been satisfactorily established when the new information was received.

State v. Swain

147 Or. 207 · Oregon Supreme Court · Mar 23, 1934

In support of this contention, he argues that the indictment fails to disclose clearly whether the defendant is accused of selling stock owned by the corporation or by himself. … That is necessary to be established * * *.

Leight v. Union Security Insurance Co.

189 F. Supp. 3d 1039 · District Court, D. Oregon · May 24, 2016

The Policy The LTD Policy provides for a disability income benefit for eligible employees if the qualifying period is satisfied and the person is under the regular care and attendance of a doctor. LTD Policy 20. … The “Total Disability Test” is defined as follows: • during the first 36 months of a period of disability (including the qualifying period) an injury, sickness or pregnancy prevents you from performing with reasonable. continuity

White v. Jubitz Corp.

347 Or. 212 · Oregon Supreme Court · Oct 15, 2009

Plaintiff was over 65 years old and, pursuant to the federal Social Security Act, qualified for Medicare benefits. 42 USC §§ 1395 - 1395hhh. … If plaintiff had not qualified for Medicare benefits, then he would have been liable for the entire amount that the providers had billed him.

Wetherell v. Douglas County

342 Or. 666 · Oregon Supreme Court · May 24, 2007

under which “profit” could be any “advantage” or “benefit,” because that definition would include a sentimental or psychological benefit to the ownership of land, which the statute, by using the words “profit in money,” clearly … Prior to that year, the statute qualified the “profit in money” requirement with a “gross income” clause that established a threshold of current commercial activity as part of its definition of “farm use.”

Mason/Turrill v. Rosenblum

369 Or. 656 · Oregon Supreme Court · Apr 29, 2022

A panel of three administrative law judges chosen by the Chief Administrative Law Judge of the Office of Administrative Hearings would select 150 individuals from among the qualified applicants to form three sub-pools, with … The caption must be modified to more clearly convey that IP 34 would repeal and replace the legislature’s plan for the current decennium. 674 Mason/Turrill v.

Start v. Shell Oil Co.

202 Or. 99 · Oregon Supreme Court · Jul 13, 1954

A mere statement of the facts of that case reveals clearly a distinction from the present case. … A qualified witness for the plaintiff testified that the market value of Regal lily bulblets in the 1948-1949 season was $15 a thousand, and a qualified witness for the defendant testified that it was $10 to $15 a thousand

White v. State Industrial Accident Commission

227 Or. 306 · Oregon Supreme Court · May 17, 1961

Both rules are well established and both have been employed by this court so many times that it is unnecessary to cite precedents. … The plaintiff challenges the act as violative of Oregon Constitution, Article I, § 20, which says: “No law shall be passed granting to any citizen nor class of citizens, privileges or immunities which, upon the same terms

State v. Tucker

315 Or. 321 · Oregon Supreme Court · Feb 11, 1993

In reaching this judgment, we establish no new principles of constitutional law. … He clearly preserved the claim of error under the rule of State v. Hitz, 307 Or. 183 , 766 P.2d 373 (1988). As occurred in State v.

Wetmore v. Brown

District Court, D. Oregon · Mar 12, 2021

As a preliminary matter, Plaintiff’s claim of a conspiracy between Defendant, the Secret Service, and Twitter to “take away” his First Amendment right to freedom of expression is “clearly … The First Amendment’s Free Exercise clause provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof[.]” U.S. Const. amend. 1.

MacOmber v. State

181 Or. 208 · Oregon Supreme Court · Jan 9, 1947

Clearly that court acted within its jurisdiction. It had jurisdiction of the person of the defendant and of the subject matter. … To proceed, otherwise is clearly error, if prejudicial reversible. Smalley v.