Case law

Werby v. Legore

District Court, D. Oregon · Mar 29, 2021

serious medical needs, and Defendants Holtz and Maney are dismissed from this case. /// 1 Defendants also argue that they are entitled to qualified … immunity on this claim, arguing Plaintiff has not demonstrated that Defendants violated Plaintiff’s Eighth Amendment rights.

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.

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.

American Condominium Homes, Inc. v. Department of Revenue

6 Or. Tax 103 · Oregon Tax Court · Jun 16, 1975

On this aspect of plaintiffs’ argument, “[t]he well-established and necessary doctrine that each tax year ‘stands on its own feet’ is applicable * * See State Finance Co. et al v. Dept. of Rev., 5 OTR 651, 659 (1974). … The defendant’s power to make rules and regulations and to prescribe forms is clearly provided by statute. OES 305.100.

Genest v. John Glenn Corporation

298 Or. 723 · Oregon Supreme Court · Mar 6, 1985

In Van the court found that the testimony clearly established the “additional, material terms” not presented by the writing. … The quotation follows: “A binder qualifies as an enforceable agreement if it includes the essential terms of a contract.

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.

In Re Complaint as to the Conduct of Willer

303 Or. 241 · Oregon Supreme Court · Apr 14, 1987

Two aggravating factors, “a pattern of misconduct” and “multiple offenses,” clearly are established in this case. ABA Standards 9.22(c) and (d). … Her demonstrated desire to protect herself at the risk of the client and to obtain a monetary gain for work that she had not performed qualify as aggravating factors.

State v. Goff

71 Or. 352 · Oregon Supreme Court · Jun 9, 1914

Said motion asked also that all the evidence of Stella Knapp and Mary Andrus be stricken out for the reason that the same is incompetent, irrelevant and immaterial, and does not tend to establish any of the allegations of … Each separate charge should be so *367 clearly expressed that the jury will not mistake its meaning. On appeal, the instructions are construed reasonably and as a whole.

Reed v. Ezelle Inv. Props. Inc.

353 F. Supp. 3d 1025 · District Court, D. Oregon · Nov 5, 2018

"The acceptance 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. … The court opined that "[a] case clearly may be settled without a confidentiality clause.

Turner v. United States Patent and Trademark Office

District Court, D. Oregon · May 22, 2024

STAT. § 9.160 (“a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active member of the Oregon State Bar”); Or. State Bar v. … If Turner chooses to file an amended complaint, he may assert claims on his own behalf, or establish that he is licensed to practice law to assert claims on Russo’s behalf.

Farmer v. Premo

283 Or. App. 731 · Court of Appeals of Oregon · Feb 23, 2017

She did not call Reid, the better-qualified expert, because his testimony evidently would have added nothing to what Gover had already told the jury. … counsel would have asserted the claim,” in order to establish deficient performance.

Doehler v. Lansdon

135 Or. 687 · Oregon Supreme Court · Mar 24, 1931

But, whether they did subscribe to such oath or not, the evidence clearly shows, and it is undisputed, that Lansdon continued to act as one of the directors and as president and general manager of the corporation and that … The by-laws provide that a director of the corporation and the officers thereof “shall hold office until their successors are elected and qualified.”

Greenberg v. Myers

340 Or. 65 · Oregon Supreme Court · Feb 9, 2006

That statute does not justify the Attorney General’s decision to limit the scope of the relevant Oregon law to that which applies to “a minor 15 years or older * * * » The proposed measure clearly applies to all unemancipated … basis for refusing to grant, or suspend, or revoke a license to practice under ORS 677.190. (2) Subsection (1) of this section does not apply if the person performing the abortion on the unemancipated minor or *82 ward establishes

United States v. Heider

231 F. Supp. 223 · District Court, D. Oregon · May 8, 1964

As to the remaining $8,263.73 in equipment, defendants were unable to establish dates of acquisition. … New of Heider’s claimed bad delots qualify under this rule.

Barkers Five, LLC v. Land Conservation & Development Commission

261 Or. App. 259 · Court of Appeals of Oregon · Feb 20, 2014

Thus, the county found that, based on the factors, it could qualify for either an urban or rural reserve designation. … Thus, we agree with Barkers that LCDC lacks authority to affirm a local decision if evidence in the record “clearly supports” it.

Applegate v. Dowell

15 Or. 513 · Oregon Supreme Court · Dec 19, 1887

the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined; only upon such matters is the judgment conclusive in another actionT The case here clearly … Such decrees, however, possess an immunity from collateral attack, which public policy requires to be maintained.

State v. Vasquez-Santiago

301 Or. App. 90 · Court of Appeals of Oregon · Dec 4, 2019

The court’s decision in Jackson did not establish a hard-and-fast test for evaluating whether the state has met its burden in a given case. … On the one hand, the detectives made statements that qualified what they were offering defendant by telling him that they were not in the position to make promises to him.

Phelps v. 3PD, Inc.

261 F.R.D. 548 · District Court, D. Oregon · Sep 30, 2009

It is plaintiffs’ burden to establish compliance with Rule 23. Lozano v. … Under Georgia law, where the contract of employment clearly denominates the other party as an independent contractor, *555 that relationship is presumed to be true unless the evidence shows that the employer assumed the right

In Re Compensation of Wild

237 Or. App. 454 · Court of Appeals of Oregon · Sep 29, 2010

In addition, OAR 436-030-0020(8), “Requirements for Claim Closure,” specifies that “[a] copy of the Notice of Closure must be mailed to each of the following persons at the same time, with each copy clearly identifying the … former attorney. 6 Effective January 1, 2010, the WCD has clarified: “(1) If a worker is deceased, regardless of the cause of death, an insurer must address all future notices and correspondence to the worker’s estate or qualified

Kamin v. KUHNAU

232 Or. 139 · Oregon Supreme Court · Sep 19, 1962

Thus there was a claim to novelty of some sort, although the evidence does not clearly show in what particulars the claimed improvements over the prior art had been copied by defendants in the construction of their truck … It was established that garbage truck bodies of the type made by plaintiff had not been on the local market.