Case law

Pacific Northwest Generating Cooperative v. Brown

822 F. Supp. 1479 · District Court, D. Oregon · Apr 1, 1993

Chehalis Indian Reservation, 928 F.2d at 1499-1500 (“[t]ribes are sovereign entities immune from nonconsensual actions in state or federal court.”); and Makah Indian Tribe, 910 F.2d at 557 (waiver of sovereign immunity must … McNeil is a well qualified fisheries scientist retained by plaintiffs to review defendants' recommendations for 1992 FCRPS operations.

State v. Running

336 Or. 545 · Oregon Supreme Court · Apr 8, 2004

If defendant is correct, the state argues, then any defendant the court sentences both to death and to life without the possibility of parole is immune from the death sentence. … The source lists are the [DMV] files and the most recent electors [ — defined by ORS 247.002 as ‘individual[s] qualified to vote under section 2, Article II, Oregon Constitution’ — ] of the county.

State Ex Rel. Juvenile Department v. Grannis

67 Or. App. 565 · Court of Appeals of Oregon · Apr 11, 1984

She established that she is indigent and requested appointment of counsel at a preliminary hearing before a referee and at a pretrial conference with a deputy district attorney and a juvenile court caseworker. … Cupp, supra, clearly limits the award of attorney fees to instances where it is specifically authorized by statute.

Snow v. Women's HealthCare Associates, LLC

District Court, D. Oregon · Aug 2, 2024

Establishing its reliability would require expert testimony, which Plaintiff does not present. … This statement is not “clearly . . . discriminatory” but rather requires an “inference or presumption” of animus. Coghlan v. Am. Seafoods Co. LLC, 413 F.3d 1090, 1095 (9th Cir. 2005).

Giftango, LLC v. Rosenberg

925 F. Supp. 2d 1128 · District Court, D. Oregon · Feb 15, 2013

Rosenberg clearly had a plan. … Second, intangible injuries such as loss of goodwill and prospective customers can qualify as irreparable harm. Stuhlbarg Int’l Sales Co., Inc. v. John D.

Murphy v. Board of Parole

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.

Mellow v. Josephine County

District Court, D. Oregon · Aug 9, 2019

Second, it must assess whether the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune to such relief 28 U.S.C … Mellow does not clearly allege, for example, that his own property has been forfeited in an unlawful proceeding.

State v. Maynard

168 Or. App. 118 · Court of Appeals of Oregon · May 31, 2000

We agree with the Court of Appeals[’] majority that, without more, that territorial statute did not sufficiently and clearly establish an historical exception within which the statute under review * * * could be said ‘wholly … The limitation of Robertson’s unique historical exception analysis to a narrow band of wrongs, with clearly established elements that describe specific prohibitions, avoids the even more artificial process of distillation

Villanueva v. Liberty Acquisitions Servicing, LLC

215 F. Supp. 3d 1045 · District Court, D. Oregon · Aug 19, 2016

They contend that a connection through an affiliated company alone does not establish that two companies are affiliates under § 1301(1)(b). … In their motion, the Javlin Parties clearly limit their “affiliate” argument to Count One and clearly limit their Rule 9(b) argument to Count Two. Javlin Mot. 3, 6.

Institute for Wildlife Protection v. United States Fish & Wildlife Service

290 F. Supp. 2d 1226 · District Court, D. Oregon · Oct 8, 2003

Because I find that plaintiff qualifies for a fee waiver under the public interest exception, I find no need to consider plaintiffs other proposed exceptions. … Finally, plaintiffs intent to disseminate the resulting work to an audience was expressed clearly and repeatedly.

In the Matter of Marriage of Reaves

236 Or. App. 313 · Court of Appeals of Oregon · Jul 28, 2010

In Gillis, the husband made voluntary contributions to a qualified retirement plan. … Clearly, without spousal support, she cannot continue to make ends meet, while husband enjoys ample income to continue to contribute to wife’s needs.

Siegel v. Eugene Water & Electric Board

District Court, D. Oregon · Jul 30, 2024

Even assuming the ADA Plaintiffs could establish that they each have a qualified disability, the Court is not prepared to issue preliminary injunctive relief based on mere speculation. … Finding no reason to break from clearly established precedent, the Court will not judicially create a new privacy interest.

State v. Anderson

329 Or. App. 754 · Court of Appeals of Oregon · Dec 28, 2023

There is no threshold distance beyond which defendant was required to move J to qualify that movement as “asporta- tion” under the kidnapping statute. … Mere proximity to the use of force against an object is not, in and of itself, enough to establish menacing.

Nguyen v. Columbia River People's Utility District

District Court, D. Oregon · Oct 10, 2023

Section 1983 prohibits the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States by any person “under color of any statute, ordinance, regulation, custom, or usage … Plaintiff argues that a disclosure under O.R.S. 659A.203 need not involve a violation of law and instead that a report of wrongdoing to supervisors or HR can qualify as a protected disclosure.

Centennial Medical Group, Inc. v. Douglas County Assessor

Oregon Tax Court · Jun 6, 2014

Once the determination for eligibility for Financial Assistance has been established (25%, 50%, 75% or 100%), that percentage will be applied to the outstanding balance at that time. … All preventative care (Complete Physical Exams, Sports Physicals, immunizations, etc.)

Dep't of Human Servs. v. A. B. (In Re J. B.)

362 Or. 412 · Oregon Supreme Court · Feb 8, 2018

With a founded child neglect disposi- tion, she is no longer qualified for that position. 5.  … If the law clearly lim- ited mother’s options for paid or volunteer work, we would be persuaded of the judgment’s continuing practical effects.

Securian Life Insurance Company v. McAlister

District Court, D. Oregon · Feb 21, 2025

The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … [t]he LSA clearly require[d] the decedent to name E.K. as the sole beneficiary on that policy.” Id.

State v. Simons

193 Or. 274 · Oregon Supreme Court · Nov 28, 1951

That case was a civil suit for a declaratory judgment to determine the extent of the liability of the plaintiff under a bond executed by it to qualify it as a broker of securities. … It was held that both defenses were immaterial, and that evidence thereof was clearly inadmissible. See also 47 Am Jur, Securities Acts, § 59, note 12.

Elsasser v. M.P.R. Construction Corp.

39 Or. App. 715 · Court of Appeals of Oregon · Apr 23, 1979

MPR was to qualify for a development loan from Oregon Mutual Savings Bank within 60 days, was to obtain no later than May 18, 1976, all permits and approvals to develop the lots, and was to furnish First National Bank a financial … We construe this letter as tendering payment of $60,000; clearly it was not an offer to pay the development and other costs established at trial as being a part of the agreement, as modified.

Western Alliance Corp. v. Western Reliance Corp.

57 Or. App. 263 · Court of Appeals of Oregon · May 4, 1982

At trial, Richard Cincotta qualified, without objection, as an expert witness “in the area of the practices of the VSI insurance business in the state of Oregon.” … The salary arrangement established in our letter of December 3rd, concluded effective January 15, 1976. “2.