Case law

Sause and Schnitzer

312 Or. App. 71 · Court of Appeals of Oregon · Jun 3, 2021

SB 512 is clearly written. It treats male and female gamete donors the same with respect to children born using donated reproductive cells. … Of course, SB 512 is now clearly in place, and it is more than just interesting. It is the law and it does not permit such an unwieldy result.

Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Department

236 Or. App. 507 · Court of Appeals of Oregon · Aug 11, 2010

Precisely what status or qualification is required to establish standing is determined by legislation; standing is not a matter of common law. People for Ethical Treatment v. Inst. … The following year, the legislature repealed both statutes and replaced them with what is now ORS 536.075, which, as we have noted, more clearly provides that judicial review of orders in contested cases lies in the Court

Lonsford v. Burton

200 Or. 497 · Oregon Supreme Court · Feb 24, 1954

Under such a rule the right and duty to defend for the union would clearly rest in the governing body of the union. … The right of a stockholder to bring suit is not absolute, but is qualified, as indicated by the following authorities : ‘1 The mere fact that a corporation has a cause of action for an injury does not always make it incumbent

Health Net, Inc. v. Dep't of Revenue

362 Or. 700 · Oregon Supreme Court · Apr 12, 2018

Considering the text, context, and legislative history of ORS 305.655, we cannot say that those sources clearly and unmistakably establish that the Oregon legislature intended to enter into a binding contract. … This court has relied on Restatement (Second) of Contracts , section 302 (1981), for the rule concerning who qualifies as an intended beneficiary of a promise. See Hale v.

Wilsonville Heights Assoc., Ltd. v. Department of Revenue

17 Or. Tax 139 · Oregon Tax Court · Aug 7, 2003

First, the interest of the federal government is in having affordable housing, available to persons who qualify as tenants under the government program. … The reference to “contract” is clearly a reference to the regulatory agreement between the developer and the government and related debt instruments.

Hope Presbyterian Church v. Presbyterian Church

242 Or. App. 485 · Court of Appeals of Oregon · Apr 27, 2011

The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. … As we have described it, the PCUSA, with its layers of supervisory authority, clearly qualifies.

Lowe v. Philip Morris USA, Inc.

207 Or. App. 532 · Court of Appeals of Oregon · Sep 6, 2006

See, e.g., Humphers, 298 Or at 717 n 14 (“Granted that at times a court must decide a new point of law that necessarily will establish either a right in the plaintiff or a privilege or immunity in the defendant, at least … In both of those categories of cases, the courts clearly have taken as the default position that present, physical harm is the sine qua non of negligence liability.

Hebrard v. Nofziger

District Court, D. Oregon · Mar 25, 2022

immunity. … Balisok, precludes a prisoner from seeking damages for an alleged constitutional violation which, if established, would necessarily imply the invalidity of his conviction, sentence, or deprivation of good-time credits.

Tillamook Lodging LPI v. Tillamook County Assessor

Oregon Tax Court · Jun 18, 2025

Payment of the full amount due on or before November 15 qualifies for a three percent discount. … The court sees no reason to conclude that Defendant’s action was clearly wrong or capricious.

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.

Service Employees International Union Local 503 v. State

209 Or. App. 497 · Court of Appeals of Oregon · Dec 6, 2006

That principle, however, may be qualified — or even abrogated — if the employer permits, or knowingly does not preclude, nonbusiness or personal use of its property. … Nevertheless, ERB did not conclude that those circumstances established a right of access for union-related messages.

United States Fidelity & Guaranty Co. v. Star Technologies, Inc.

935 F. Supp. 1110 · District Court, D. Oregon · Aug 16, 1996

Even though patent infringement may qualify as “piracy,” and Star Technologies’ activities may have constituted “advertising activity,” USF & G does not have a duty to defend under the policies unless that piracy occurred … Instead, his Complaint clearly alleges harm resulting from Star Technologies’ manufacture and sale of the reconstruction processors.

Bowerman v. St. Charles Health System, Inc.

District Court, D. Oregon · Jul 1, 2024

I have boosted my immunity and my body with self-care, rest, immune supporting foods, vitamins, and minerals, all given by God to do just this. … Clearly, the “except[ion]” to the five-year limitation period of ORS 659A.875(1) applies.

Cook Industries, Inc. v. Department of Revenue

8 Or. Tax 205 · Oregon Tax Court · Oct 24, 1979

Plaintiff’s records establish that approximately one-half of the grain is obtained from sources outside the State of Oregon, primarily from Idaho, Washington and Montana. … Such an interpretation is clearly unreasonable.

State v. Lange

264 Or. App. 126 · Court of Appeals of Oregon · Jul 2, 2014

Second, a temporary restraint of a person’s liberty for the purpose of criminal investigation — i.e., a ‘stop’ — qualifies as a ‘seizure,’ under Article I, section 9, and must be justified by a *133 reasonable suspicion of … Hall, 339 Or 7, 25 , 115 P3d 908 (2005) (once a defendant has established the existence of a minimal factual nexus between the evidence sought to be suppressed and prior unlawful police conduct, the state is required to prove

Romero v. Reyes

District Court, D. Oregon · Aug 13, 2024

A state court decision is ”contrary to . . . clearly established precedent if the state court applies a rule that contradicts the governing law set forth in [the Supreme Court’s] cases” or “if the state court confronts … De La Cruz would be qualified to testify regarding the structure and functioning of the 18th Street Gang generally.

State v. Parkins

346 Or. 333 · Oregon Supreme Court · Jun 25, 2009

Steen, 346 Or 143, 145 , 206 P3d 614 (2009) (discussing plain error exception to preservation requirement generally); ORAP 5.45(1) (appellate courts will not consider unpreserved issues unless they qualify as errors apparent … Clearly defendant’s convictions for sexual abuse in *345 the present case should be merged for purposes of conviction.” 5 (Emphasis added.)

Taylor

District Court, D. Oregon · Jul 27, 2026

Plaintiff also cannot establish a cause of action against NW Onsite for negligence. … Plaintiff cannot establish that a duty was breached by NW Onsite under the circumstances present here.

Pacific Western Bank v. Johnson (In Re Johnson)

68 B.R. 193 · United States Bankruptcy Court, D. Oregon · Dec 1, 1986

The Court finds that the Bank has met its burden and has proved, through establishing the transfers to Mr. Kemp and Mr. … Clearly, the Adeeb court contemplated recovery for the benefit of credi *200 tors, not recovery of cash which the debtor conceals from his creditors and spends, or purports to spend, prior to filing bankruptcy.

Farmer's Direct, Inc. v. Dept. of Rev.

24 Or. Tax 399 · Oregon Tax Court · Feb 3, 2021

As a national bank, its personal property was immune from property tax. Id. at 597. … The washing system used a water soft- ening system and a boiler that were “clearly affixed to and part of the real property.” Id.