Case law

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.)

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.)

Kuang v. Kuang

336 Or. App. 168 · Court of Appeals of Oregon · Nov 14, 2024

“A marriage solemnized in Oregon is clearly void if either party to the mar- riage had a then-living husband or wife.” Id. (citing ORS 106.020). … And Tina clearly understood that she had that obligation, arguing in her reply brief that Yan 182 Kuang v.

State v. Wallace

170 Or. 60 · Oregon Supreme Court · Jun 17, 1942

The foregoing is a mere review of well-established rules. … It clearly applies to cases in which the defendant purposes to show insanity as a defense (with us an affirmative defense).

Noteboom v. Savin

213 Or. 583 · Oregon Supreme Court · Mar 19, 1958

Counsel for the defendant interposed: "Your Honor, I am going to object, first, because I feel that this is a matter, unless he is going to qualify it to show what the type of subject matter is, otherwise this witness can … Other assignments of error are so clearly lacking in merit that they do not call for discussion. The judgment is affirmed.

City of Portland v. Stevens

180 Or. 514 · Oregon Supreme Court · Nov 6, 1946

The validity of those “charter ordinances” which related to matters purely of an intramural sort had already been established before the Boalt case was decided. Robertson v. … Baumgarten is and at all times mentioned herein was a dulv qualified and appointed police officer of the City of Portland ; “That while patrolling S. W. 1st Avenue at about 12:15 P.

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.

Hussein

District Court, D. Oregon · Feb 17, 2026

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 … Although detailed allegations are not required at the pleading stage, Hussein must allege more than the facts alleged here to establish that his disability claim is plausible.

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.

Troutman v. Erlandson

279 Or. 595 · Oregon Supreme Court · Sep 27, 1977

This result is also consistent with the established rule in appeals from the denial of motions for mistrial based upon alleged improper arguments or other statements by counsel in jury cases. … except where they are permitted to travel out of the record, or to persist in disregarding the admonitions of the trial judge, or to indulge in remarks of a material character so grossly unwarranted and improper as to be clearly

Loftis

District Court, D. Oregon · Nov 13, 2025

The standard of review for an order with objections is “clearly erroneous” or “contrary to law.” 28 U.S.C. ' 636(b)(1)(A) (applying the “clearly erroneous or contrary to law” standard of review for non-dispositive motions … “A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the

Whaley v. Campos

District Court, D. Oregon · May 11, 2022

In particular, the inmate must establish (1) that he actually filed a grievance or grievances that, if pursued through all levels of administrative appeals, would have sufficed to exhaust the claim that he … Defendants’ argument that they are entitled to qualified immunity need not be addressed as Plaintiff is suing Defendants in their personal capacity only. ECF No. 27 at 6.

Rankin v. Buckman

9 Or. 253 · Oregon Supreme Court · Mar 15, 1881

The complaint alleges substantially, that the defendants were officers of the municipal corporation of the city of East Portland, duly elected and qualified as such, and constituting what is called the Board of Trustees of … The case becomes clearer, when the duty of keeping the streets in repair is clearly implied by the charter, and adequate means provided for its performance.

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.

Varro and Varro

300 Or. App. 716 · Court of Appeals of Oregon · Nov 27, 2019

The judgment was clearly reached from that standpoint and point of view. “[Husband’s] position is that she is now employed as anticipated and that support should be ended. … Husband argues that wife’s employment “qualifies as a substantial change in economic circumstances for the purposes of modifying the Transitional Spousal Support.”

Dyer

District Court, D. Oregon · Feb 11, 2026

While a plaintiff need not be completely destitute to qualify for IFP status, a plaintiff must allege poverty “with some particularity, definiteness and certainty.” Escobedo v. … The mere transmission of the Abuse Prevention Order to Oregon is insufficient to establish specific jurisdiction.

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.

Elizabeth Retail Properties LLC v. Keybank National Ass'n

83 F. Supp. 3d 972 · District Court, D. Oregon · Jan 26, 2015

And with good reason, because these materials are clearly proper subjects of judicial notice given the allegations asserted in Plaintiffs’ first amended complaint and the standard of review for Rule 12(b)(6) motions. … To overcome the qualified privilege, plaintiff must produce evidence ‘of some kind of improper motive on defendant’s part.’....

State v. Clark

99 Or. 629 · Oregon Supreme Court · Mar 15, 1921

This instruction clearly stated the law. … The writer has seldom seen or had occasion to review a case more clearly presented or more ably and skillfully defended.

Kuang v. Kuang

336 Or. App. 168 · Court of Appeals of Oregon · Nov 14, 2024

“A marriage solemnized in Oregon is clearly void if either party to the mar- riage had a then-living husband or wife.” Id. (citing ORS 106.020). … And Tina clearly understood that she had that obligation, arguing in her reply brief that Yan 182 Kuang v.