Case law

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.

Mills v. Brown

303 Or. 223 · Oregon Supreme Court · Apr 14, 1987

But the language of the statute does not clearly require inclusion of all parties originally named as defendants, whether or not they are parties to the litigation at the time the *228 case is submitted to the court or jury … We conclude that anyone who settles with the plaintiff under a covenant not to sue does not qualify “as a person against whom recovery is sought” as described in ORS 18.470 nor as a “party” mentioned in ORS 18.480.

Weitman Excavation, LLC v. CPM Development Corp.

276 Or. App. 583 · Court of Appeals of Oregon · Feb 24, 2016

See ORS 36.700; ORS 36.705; ORS 36.710; ORS 36.715 (establishing procedure and conditions for judicial confirmation, modification, or vacation of an arbitration award). … It does not extend to the attorney fees directly incurred in the predicate arbitration proceeding, which *591 decidedly does not qualify as a “judicial proceeding.”

Lamers v. Department of Revenue Boise Cascade Corp.

8 Or. Tax 106 · Oregon Tax Court · Mar 26, 1979

His background clearly qualifies him as an expert witness, since a large portion of his duties with the department has involved the appraisal of sawmill plants and plywood plants. … The intervenor, Boise Cascade Corporation, offered as its expert witness a man with an exceptional background which qualified him for his assignment.

State v. Uroza-Zuniga

364 Or. 682 · Oregon Supreme Court · Apr 18, 2019

Defendant argues that ORS 430.402(1)(b) is best read to establish a broad prohibition on local laws penalizing "public drinking." … We do not mean to suggest that those are the only features a ban must have in order to qualify as general.

Webb v. Clatsop County School District No. 3

188 Or. 324 · Oregon Supreme Court · Feb 28, 1950

The complaint clearly shows that the plaintiffs were seeking relief under the declaratory judgments act, and concludes with an appropriate prayer in that regard. … The persons referred to were not in any manner identified in the pleading as qualified voters of the precinct. Section 111-910, O. C. L. A., (since repealed by chapter 329, L. 1949).

Settling States v. Carolina Tobacco Co. (In Re Carolina Tobacco Co.)

360 B.R. 702 · District Court, D. Oregon · Jan 5, 2007

I cannot say the bankruptcy court clearly erred in classifying the claims as it did. … The bankruptcy court’s acceptance of that opinion is not clearly erroneous.

Shell v. Schollander Companies

265 Or. App. 624 · Court of Appeals of Oregon · Sep 24, 2014

First, she argues that Lozano establishes that ORS 12.135 applies to construction defect claims brought by a “contractee,” and that she is one. … That text clearly reinforces our opinion in Lozano .

Mary Kay, Inc. v. Department of Revenue

17 Or. Tax 91 · Oregon Tax Court · May 15, 2003

Taxpayer establishes all of the eligibility criteria for participation in the Career Car Program, including initial and ongoing production standards. … Not only is taxpayer the only party to the Guaranty Agreement other than ARI, but the phrase “its Independent Sales Directors” clearly refers to taxpayer’s Consultants.

Bingham v. Oregon School Activities Ass'n

24 F. Supp. 2d 1110 · District Court, D. Oregon · Oct 22, 1998

A MDT 1 meeting was held and determined Adam does qualify for and will receive special education services during the 1998-1998 school year. … At the hearing, plaintiff established that the requested modification is reasonable in the general sense.

Repta v. Oregon Arena Corp.

55 F. Supp. 2d 1125 · District Court, D. Oregon · Jun 21, 1999

Plaintiff presented evidence that her employer allowed a white employee a three-week leave of absence for her honeymoon even though she was not qualified for the leave. Id. at 1300-01 . … The Ninth Circuit affirmed the trial court reasoning that: “While the record clearly supports the jury’s finding that Hilton discriminated against Ngo, it does not support an *1130 award of punitive damages.

School District 47 v. United States National Bank

187 Or. 360 · Oregon Supreme Court · Sep 29, 1949

It is therein further alleged that since the establishment of the St. … No such power ought to exist, and in our opinion no such power does legally exist, unless conferred by legislative enactment, either express or clearly implied. ’’ Since the word “warrant” has a definite and well-defined

National Surety Corp. v. Smith

168 Or. 265 · Oregon Supreme Court · Mar 19, 1941

Clearly, the statute is applicable as a bar in all cases where the statutory period has run; provided the case does not fall within one of the three exceptions enumerated in the statute and the defense has been neither waived … They have been held immune to the same extent as are judgments and decrees in all other types of judicial proceedings.

DeFazio v. Washington Public Power Supply System

296 Or. 550 · Oregon Supreme Court · Mar 20, 1984

Given the TPFA, this second act clearly is supplemental, not exclusive, authority. … Except as provided in ORS 261.380, no revenue or general obligation bonds shall be issued or sold without the approval of the qualified voters.

State Ex Rel. Fox v. Hicks

69 Or. App. 348 · Court of Appeals of Oregon · Aug 8, 1984

. * * * Further, because of its recognized capacity to definitively exclude a high percentage of falsely accused putative fathers, the availability of scientific blood test evidence clearly would be a valuable procedural … In Oregon, the state notes, the proponent of paternity has the burden of establishing the allegation, and there is no burden placed on the putative father to disprove paternity.

Graziano v. City Council of Canby

35 Or. App. 271 · Court of Appeals of Oregon · Jul 18, 1978

Appointed officers shall hold their office during the pleasure of the Council or until their successors are appointed and qualified. … On the interpretation of the charter, I am not quite satisfied that the majority clearly states my view.

State v. Willson

113 Or. 450 · Oregon Supreme Court · Feb 17, 1925

In the instant case no qualified witness had ever seen what could be called a foetus, and no one has said anywhere in the testimony that the child of which the woman was alleged to be pregnant is dead. … It is clearly not admissible on the theory that if a person will commit one offense, he will commit another.

G.R. ex rel. Russell v. Dallas School District No. 2

823 F. Supp. 2d 1120 · District Court, D. Oregon · Oct 4, 2011

The parents established that the District failed to provide Prior Written Notice of the IEP team meeting on October 10, 2008. … The District’s counsel is clearly a person within this provision and is entitled to the disclosure. Subsection (2) also requires the designee to maintain the confidentiality of these materials.

Eden Gate, Inc. v. D&L Excavating & Trucking, Inc.

178 Or. App. 610 · Court of Appeals of Oregon · Jan 9, 2002

Clearly, the purpose of the contract is to bring the property into compliance with DEQ regulations. … In general, a decision that one party does not qualify for a declaratory judgment stating a conclusion does not invariably imply that the opposite conclusion has been proved.

Ross v. Hill

235 Or. App. 340 · Court of Appeals of Oregon · May 19, 2010

Clearly, in light of White and Barrett , the two kidnapping convictions in this case should have merged. As we have noted, the state concedes that much. … the Supreme Court’s prior case law: “Barnum appears, without explanation, to authorize multiple convictions and punishments even though the defendant’s conduct violated only one statutory provision and does not otherwise qualify