Case law

MCI Telecommunications Corp. v. GTE Northwest, Inc.

41 F. Supp. 2d 1157 · District Court, D. Oregon · Apr 21, 1999

However, the item potentially could qualify for treatment as an unbundled network element. … Moreover, Congress clearly contemplated that the FCC would promulgate formal “regulations.” See 47 U.S.C. § 252 (e)(2)(B).

State v. Dyer

16 Or. App. 247 · Court of Appeals of Oregon · Sep 28, 1973

Psychiatrists uniformly insist that it is possible for a person to ‘know’ intellectually what he is doing but not to ‘know’ it emotionally, and, if either of the two levels of ‘knowledge’ is missing, a person qualifies as … With my contact with him, I felt he was .able to conform to the established law.” The redirect testimony of Dr. Ragan, as set out in the original opinion, refers to both of the twin tests.

Perez v. Roberts

District Court, D. Oregon · Nov 12, 2024

A plaintiff may also qualify for a preliminary injunction by showing that there are serious questions going to the merits of his claim and that the balance of hardships tips sharply in his favor, so long as the other Winter … A request for a mandatory injunction seeking relief well beyond the status quo is disfavored and shall not be granted unless the facts and law clearly favor the moving party. Stanley v. Univ. of S.

Simpson v. Burrows

90 F. Supp. 2d 1108 · District Court, D. Oregon · Feb 22, 2000

Burrows’s Alford plea alone establishes that he authored and distributed the letters at issue. … That does not mean, however, that defendants are immune from tort liability for their actions. The letters here rise beyond rude, boorish, or mean conduct.

Brinton Business Ventures, Inc. v. Searle

248 F. Supp. 3d 1029 · District Court, D. Oregon · Mar 30, 2017

Clearly, there are disputes of material facts that go directly to the issue of whether or not the Agreement was voidable under O.R.S. 653.295 for failure to notify Mr. … “Because the harm is intangible and difficult to quantify, it qualifies as irreparable.” Id. (citing Rent-A-Center, Inc. v.

Gabbard v. Linn-Benton Housing Authority

219 F. Supp. 2d 1130 · District Court, D. Oregon · Jul 31, 2002

Thus, the medical and scientific communities have clearly rejected the theories of a “multiple chemical sensitivity syndrome.” … Because plaintiffs cannot sufficiently establish a causal link between defendants’ actions and their injuries, their cases cannot stand.

Utsey v. Coos County

176 Or. App. 524 · Court of Appeals of Oregon · Sep 26, 2001

Likewise, in Erwin , a decision on the merits concerning the validity of various rules of the Oregon State Bar clearly would have affected the Bar, yet we dismissed the plaintiff’s claims because he could not establish that … In a footnote, he elaborates: “The qualifying language in that statement recognizes that the separation-of-powers principle embodied in the Oregon Constitution prevents one branch of government from taking actions that substantially

Bernstein Bros. v. Department of Revenue

294 Or. 614 · Oregon Supreme Court · Mar 29, 1983

By enacting section 9, the legislature clearly intended to discourage the exercise of this right. This section created an inhibition on the exercise of the right that cannot be tolerated. … This is clearly unconstitutional. The majority makes a distinction between referring "this act" and "this act, or any part thereof."

State v. Blue

374 Or. 439 · Oregon Supreme Court · Nov 25, 2025

, 273 Or at 368 (explaining that “[m]ost scholars believe” that one purpose of the rule is “preventing fraud”); White, 4 Or App at 155- 56 (explaining that, when it appears that “what is called the secondary evidence is clearly … We further conclude that the trial court’s admis- sion of the photograph did not qualify as harmless error.

City of Portland v. Nudelman

45 Or. App. 425 · Court of Appeals of Oregon · Mar 24, 1980

Stripped to its essential elements, plaintiff’s principle contention is that the trial court erred in the conduct of the trial in that it violated the well-established rule that in a condemnation proceeding there may be only … Plaintiff argues that the witness’s status as a corporate officer did not suffice to qualify her as competent to render an opinion. Highway Com. v. Assembly of God et al, 230 Or 167 , 368 P2d 937 (1962).

Aske v. Clatskanie School District 6J

District Court, D. Oregon · Aug 10, 2020

A nonmoving party with the burden of proof at trial must move beyond mere allegations and set forth affidavits, declarations, motions, or other evidentiary materials from the record to establish the essential elements of … immunity.

Roberts v. City of Cannon Beach (A184314)

557 P.3d 1143 · Court of Appeals of Oregon · Sep 5, 2024

The CBMC establishes setback requirements for development bordering the ocean, including the property at issue. … For example, a “retaining wall” that is less than four feet in height may qualify as a “landscape improvement” and is thus excluded from the definition of “structure.” CBMC 17.04.540.

Clostermann v. Schmidt

215 Or. 55 · Oregon Supreme Court · Dec 10, 1958

of Hof by American troops two weeks prior to decedent’s death gave rise to reciprocity of a kind in that limited area of German territory, it was, nevertheless, not of a kind or quality which would satisfy the standards established … The Custodian presents a temporary form of military government limited to a small occupied section of Nazi Germany, as one qualified to grant the reciprocity contemplated by § 61-107, OCLA, supra.

State Ex Rel. Juvenile Department v. Pfaff

164 Or. App. 470 · Court of Appeals of Oregon · Dec 22, 1999

Absent extraordinary circumstances subverting its reliability, see, e.g., 164 Or App at 482 n 11, the doctor’s recounting of the first statement is clearly admissible under OEC 803(4) as proof that the child did, in fact, … Thus, the double hearsay is admissible to establish that the child actually threw up. That reasoning implicitly underlay our holding in Bauman .

Martyr v. Mazur-Hart

789 F. Supp. 1081 · District Court, D. Oregon · Apr 13, 1992

“Second, if a constitutionally protected interest is established, a balancing test is to be employed to determine what process is due.” Id. … Lord, 952 F.2d 679, 684 (2d Cir.1992) (“a liberty interest of inmates to correspond with non-inmates was not clearly established in [Martinez ]”) (emphasis in original).

Department of Human Services v. W. S. C.

248 Or. App. 374 · Court of Appeals of Oregon · Feb 29, 2012

U., the mother’s court-appointed counsel failed to timely file a notice of appeal from a judgment establishing dependency jurisdiction with respect to her daughter. … According to father, the factors weigh clearly in favor of providing an additional procedural safeguard in his circumstances; DHS weighs things differently, particularly, the government’s interest in speedy resolution of

Sandoval v. Cain

District Court, D. Oregon · Mar 20, 2023

Petitioner asserts that the trial court’s evidentiary rulings as to Clayburn’s testimony are contrary to clearly established federal law. … Where precedent establishes that there is no clearly established federal law on point as to Petitioner’s due process claim, he is not entitled to relief. IV.

STATE EX REL. JUV. DEPT. v. Nguyen

96 P.3d 1219 · Court of Appeals of Oregon · Aug 25, 2004

That is, some mutually agreed-upon understanding that establishes goals, establishes ways to measure those goals, and that you enter into that agreement in good faith, that you agree to be candid and forthcoming, that you … She also testified that, "the literature * * * speaks very clearly to the need for parents to identify * * * what the triggers were that led to the abuse."

Friends of the Wild Swan, Inc. v. United States Fish & Wildlife Service

945 F. Supp. 1388 · District Court, D. Oregon · Nov 13, 1996

regulation implementing the petitioned action * * * is precluded by pending proposals to determine whether any species is an endangered species or a threatened species, and (II) expeditious progress is being made to add qualified … Ry., 412 U.S. at 807 , 93 S.Ct. at 2374 (noting that “the agency must set forth clearly the grounds on which it acted”).

State v. Caraher

293 Or. 741 · Oregon Supreme Court · Nov 2, 1982

Brown was an easy case in that the cigarette box which the defendant surrendered to the jailer came from one of his pockets and therfore clearly fell within the classification of a search of the person and was a search incident … However, under some circumstances a handbag or purse might qualify under the looser language of the definition and be a “like” which is found about “such clothing.”