Case law

Murphy v. Board of Parole & Post-Prison Supervision

241 Or. App. 177 · Court of Appeals of Oregon · Feb 23, 2011

Hessman denied petitioner’s request for an attorney, asserting that he did not qualify as indigent. … We conclude that petitioner has failed to establish that the board’s error was not harmless.

Bryant v. Department of Revenue

6 Or. Tax 559 · Oregon Tax Court · Jul 25, 1975

Several cases involving the federal estate tax exemption have clearly ruled in conformity with this position. … These cases are clearly distinguishable factually from the subject case.

John I. Haas, Inc. v. State Tax Commission

227 Or. 170 · Oregon Supreme Court · May 10, 1961

"What may have been the customary method in 1899 was clearly not the method *182 followed 'by Ray and Haas in 1950 and 1951. … It established a local agent in Madison, Missouri, to buy cream in its behalf and ship it thence to Quincy for conversion into creamery products at that point.

Lasley v. Combined Transport, Inc.

351 Or. 1 · Oregon Supreme Court · Sep 22, 2011

In the offer of proof that it submitted in opposition to plaintiffs motion in limine, Combined Transport asserted that a qualified expert physician would testify to Clemmer’s blood alcohol level at the time of the collision … In combination, ORS 31.600(3) and ORCP 19 B establish that a defendant must, in some way, affirmatively plead a specification of negligence on which it intends to rely, and that has not been pleaded by the plaintiff, to establish

Becklin v. Board of Examiners for Engineering & Land Surveying

195 Or. App. 186 · Court of Appeals of Oregon · Sep 15, 2004

being questioned regarding the specifications of the screens, he stated, “If you will read the engineering proposal and the solicitation package, and if you understand blue print reading, you will see that that detail is clearly … On the merits, the board contends that it was petitioner’s burden to demonstrate that he qualified for the exceptions.

Wilson v. BF Goodrich

292 Or. 626 · Oregon Supreme Court · Mar 18, 1982

The occupations of those men were well established. … The witness clearly stated that he was presenting general national statistics for factory workers of all kinds. Defendants’ counsel subjected his assumptions and methodology *636 to searching cross examination.

Burwell v. Portland School District No. 1J

District Court, D. Oregon · Apr 30, 2020

American Federation of State, County, & Municipal Employees, Council 31, see ECF 22 at 16– Plaintiffs argue that the F&R erred in finding that the Complaint alleges government speech that is immune from challenge under the … the extent that Plaintiffs argue that Defendants did not fund the speech of private speakers but instead selectively provided opportunities for speech by certain speakers,7 this Court recognizes that when the government establishes

Blackthorne v. Posner

883 F. Supp. 1443 · District Court, D. Oregon · Mar 28, 1995

Pos-ner is immune from an action for intentional interference of Plaintiffs contractual relationship with Computerland. … Posner's representations for the jury. 19 .Though Plaintiff clearly knew by February 1992 that he would not receive the higher TAE in January 1992, he did not necessarily know or should have known, in light of Mr.

Knepper v. Brown

182 Or. App. 597 · Court of Appeals of Oregon · Jul 17, 2002

American Academy of Cosmetic Surgery (AACS), alleging in pertinent part that AACS had falsely implied that its members had certain qualifications and skills, thus misleading patients into believing that its members were as qualified … We went on to quote a further example of attenuated “but for” causation insufficient to establish damages for fraud, quoting from William L.

Anderson v. Hibu, Inc.

26 F. Supp. 3d 1019 · District Court, D. Oregon · Jun 12, 2014

You will be considered, along with other external applicants, for any open positions that you are qualified for at the time of your application. … Fourth, as to plaintiff’s termination, this act clearly constitutes an adverse employment action.

Lee v. Multnomah County Assessor

Oregon Tax Court · Aug 31, 2012

The Oregon Supreme Court has stated: “Not always clearly stated, but clearly implied in our decisions, is the rationale that an amended pleading should be permitted to relate back if the defendant is … The language of ORS 308A.724(2) is mandatory and clearly states that taxpayers seeking to qualify under that statute are allowed five years to qualify for the two-year farm use requirement. See also Hodel v.

Centennial Medical Group, Inc. v. Douglas County Assessor

Oregon Tax Court · Jun 6, 2014

All preventative care (Complete Physical Exams, Sports Physicals, immunizations, etc.) … Agarwal testified that “the Charity Policy is a way for CMG to qualify patients for charity care but CMG does not limit care for those who don’t qualify [i.e., who do not complete an application and seek assistance from

Fazio v. Multnomah County Assessor

Oregon Tax Court · Jan 10, 2025

Chair Clem stated, in reference to Fazio’s activities, “this is clearly real farming.” (Id. at 43.) … ORS 308A.071 establishes income requirements based on the size of the “farm unit.”

State v. Tourtillot

289 Or. 845 · Oregon Supreme Court · Oct 21, 1980

The checkpoint was established on the first weekend of hunting season. … If the commission fails to submit sufficient qualified nominees for such positions, the Department of State Police shall make its own selections.”

Flores v. ODOC

District Court, D. Oregon · May 21, 2024

“To prevail on a Section 504 claim, a plaintiff must establish that (1) [the plaintiff] is an individual with a disability; (2) [the plaintiff] is otherwise qualified to receive a certain benefit; (3) [the plaintiff] was … STATE TORT CLAIMS Defendants argue that they are immune from Flores’ state law tort claims in federal court. (Defs.’ Mot. at 9.)

Public Market Co. v. City of Portland

160 Or. 155 · Oregon Supreme Court · Jul 7, 1938

In any event, the council was best qualified to determine what meaning it intended to give to the contradictory terms above referred to, and also to determine what particular provisions of the first ordinance were referred … That the city authorized the plaintiff to borrow said sum and to give said mortgage clearly appears from two resolutions duly adopted by the council, numbered respectively 20557 and 20649, copies of both of which are attached

State of Oregon Ex Rel. v. Dobson

195 Or. 533 · Oregon Supreme Court · Jun 4, 1952

Clearly, that, in itself, was not proscribed by % 8(b) (4). … The Denver ease clearly distinguishes the Bice Milling Company case (which immediately precedes it in the reports) and reads ( 341 US 687 ): “A.

Wright v. Wimberly

94 Or. 1 · Oregon Supreme Court · Oct 21, 1919

This statutory precept has always been qualified by Section 429, L. O. … That these statutes, being in derogation of the common law, must be strictly construed, is to follow a well-established canon of interpretation.

Stranahan v. Fred Meyer, Inc.

331 Or. 38 · Oregon Supreme Court · Sep 14, 2000

The broad public use analysis relied on an express or clearly implied invitation from the owner of the Lloyd Center to the public not only to shop,-but to congregate in the shopping center for a variety of business, social … The court declined to do so, stating: “[W]e are not inclined to overturn Alderwood because the ‘doctrine [of stare decisis] requires a clear showing that an established rule is incorrect and harmful before it is abandoned

State v. Henry

315 Or. App. 169 · Court of Appeals of Oregon · Oct 13, 2021

The affidavit executed by CVCP did not establish that the amounts paid were at, or below, the market rate. Accordingly, we reverse that portion of the restitution award. … To qualify for plain-error review under ORAP 5.45, an error must be (1) an error of law; (2) obvious and not reasonably in dispute; and (3) apparent on the record without requiring the court to choose among competing inferences