Case law

Shepler v. Weyerhaeuser Co.

279 Or. 477 · Oregon Supreme Court · Sep 13, 1977

Oregon Stevedoring Co., 376 U.S. 315 , or for other categories of unseaworthiness which have been judicially established. … Qualified only by such concern for neighbours as exacted by the law of nuisance and trespass, the landowner was virtually immune to demands for the safety of persons who came upon his land, except not to injure them wilfully

Cecil V. Stutzman Estate v. Yamhill County Assessor

Oregon Tax Court · Jun 21, 2013

He testified that, during that conversation, he asked Roberta “about the motorcycle tracks that could be clearly seen in the 2012 aerial [photograph]. … DECISION TC-MD 120781N 6  Plaintiff has the burden of proof and must establish its case by a preponderance of the evidence.

Hanson v. Psychiatric Security Review Board

156 Or. App. 198 · Court of Appeals of Oregon · Sep 30, 1998

In his explanation, Courtney explicitly referred to the Rogers report and its list of diagnoses — including drug and alcohol dependency — that qualified as personality disorders. … Thus, the administrative rule, promulgated long after enactment, does not establish what the legislature intended the statute to mean. *216 The majority refers to the Supreme Court’s decision in Mueller for support.

Williamson v. Western-Pacific Dredging Corp.

304 F. Supp. 509 · District Court, D. Oregon · Aug 19, 1969

For that matter, the doctrine of absolute liability for maintenance and cure may already be established. Calmar S.S. Corp. v. … Texaco, Inc., 383 U.S. 262 , 86 S.Ct. 765 , 15 L.Ed.2d 740 (1966), point in plaintiff’s direction, each is clearly distinguishable from the facts before me.

Kelly v. Ruble

11 Or. 75 · Oregon Supreme Court · Mar 15, 1883

are capable of being established by the kind of proofs introduced for the purpose. … Ruble was chosen one of the directors of the company, at this meeting and duly qualified as such. He was chosen secretary, and entered upon the discharge of his duties as such.

State v. Adams

340 Or. App. 661 · Court of Appeals of Oregon · May 29, 2025

And that’s basically establishing your best known match for this particular firearm.” … “In order to qualify as science, a proposition ‘must be derived by the scientific method.’

Oregon Bank v. Department of Revenue

8 Or. Tax 291 · Oregon Tax Court · Mar 6, 1980

Henry qualified as an expert property appraiser, presenting a record of six years of employment with the Department of Assessment and Taxation, Multnomah County, Oregon, where he specialized in commercial-industrial appraisals … The court does not reject the possibility of proof of functional obsolescence, once the bank has had a sufficient history of use and data are collected which clearly demonstrate the quantum of economic loss in efficiency

Agri-Link Corp. v. Schmitz

272 Or. 654 · Oregon Supreme Court · Aug 7, 1975

ORS 607.304(7), and the cattle were then returned to plaintiff. ④ Plaintiff objected to the appointment by defendants of Dale Schmitz as an arbitrator on the ground that as a brother of one of the defendants he could not qualify … However, that contention does not clearly appear from the allegations of plaintiff’s second amended complaint.

Delyria v. Shalala

856 F. Supp. 1432 · District Court, D. Oregon · Jun 2, 1994

Specifically, it fails to clearly indicate that if no request for reconsideration is made, the determination is final. … Taylor after September 30, 1990 which clearly state that claimant cannot lift more than 10 pounds.

Oregon v. Ashcroft

192 F. Supp. 2d 1077 · District Court, D. Oregon · Apr 17, 2002

Physicians and pharmacists are immune from civil and criminal liability and any adverse disciplinary action for participating in good faith compliance with the Oregon Act. … Taylor, 477 U.S. 131, 137, 106 S.Ct. 2440 , 91 L.Ed.2d 110 (1986)(“a State clearly has a legitimate interest in the continued enforceability of its own statutes”); Bowen v.

Savage v. Tweedy

895 F. Supp. 2d 1063 · District Court, D. Oregon · Sep 10, 2012

The evidence Plaintiffs cite does not clearly establish that Tweedy “influenced” Harm’s decision to bring charges against them. … establish that Plaintiffs will suffer irreparable harm.

Oregon-Pacific Forest Products Corp. v. Welsh Panel Co.

248 F. Supp. 903 · District Court, D. Oregon · Oct 12, 1965

Each purchase order forwarded by plaintiff clearly indicated that the duplicate copy should be signed and returned. … It is a general rule that the acceptance of an offer must be positive, unconditional, unequivocal and unambiguous, and must not change, add to, or qualify the terms of the offer. C. R. Shaw Wholesale Co. v.

Fullerton v. Lamm

177 Or. 655 · Oregon Supreme Court · Jun 5, 1945

If the time fixed by this special statute of limitations is unreasonably short for the employee to assert the rights conferred upon him by the federal act, the stat *691 ute would clearly be unconstitutional; if, however, … The words “over-time pay” are qualified by the use of “such”, which refers to “accrued” and “accruing”.

American Civil Liberties Union of Oregon, Inc v. City of Eugene

360 Or. 269 · Oregon Supreme Court · Sep 15, 2016

But the court also observed that “[t]he public’s right of inspection is not without qualifi- cation.” Id. at 44. … OHSU, 359 Or 168, 376 P3d 998 (2016) (weighing state’s constitutionally recognized interest in sovereign immunity against plaintiff’s right to a remedy as a matter of law); Wallulis v.

Johnson v. Guardian Management

District Court, D. Oregon · Apr 26, 2021

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … Thus, the FHEO’s interpretation is clearly erroneous and conflicts with the governing regulations.

State v. Kephart

320 Or. 433 · Oregon Supreme Court · Dec 16, 1994

The legislature has defined the kind of stipulations as to sentencing that it wishes to make immune to review. … Defendant’s agreement with the state, although clearly a plea agreement, is not a stipulation as to sentencing of a kind described by ORS 135.407 and, because it is not, ORS 138.222(2)(d) (1993) does not preclude review.

Oregon-Washington R. R. & Nav. Co. v. Farmers Nat. Grain Corp.

25 F. Supp. 667 · District Court, D. Oregon · Nov 22, 1937

Cases of subterfuge are numerous, but in each the original intention was clearly outlined by the surrounding circumstances. Thus the ultimate intention was found as a fact. Baer Bros. Mercantile Co. v. … to forward the grain after it had been inspected, graded, etc., but this intention, while the grain remained in his keeping, and before it had been actually committed to the carriers for transportation, did not make it immune

Kimmie Jackson v. City of Yachats

District Court, D. Oregon · Dec 9, 2025

To establish a prima facie case for racial discrimination, Plaintiff must show that (1) she is a member of a protected class; (2) she performing as expected or that she was qualified for her position or the positions to … Additionally, even if Plaintiff could establish a qualifying disability, her claim of discrimination still fails at the third step of the test.

Love v. Polk County Fire District

209 Or. App. 474 · Court of Appeals of Oregon · Dec 6, 2006

Specifically, she believed that the members of the committee in charge of training the fire service personnel were not qualified for that responsibility. … Here, the legislature has recognized the importance of “whistleblowing” by public employees — but only to a qualified extent.

Alfonso v. GTE Directories Corp.

137 F. Supp. 2d 1212 · District Court, D. Oregon · Mar 19, 2001

Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 36 L.Ed.2d 668 (1973), to demonstrate she was (1) a member of a protected class; (2) qualified for the job or satisfactorily per *1219 formed the job; (3) subject to an adverse employment … The record does not clearly establish whether Human Resources, either directly or indirectly, told George that Alfonso had complained of sex discrimination.