Case law

State v. Bistrika

262 Or. App. 385 · Court of Appeals of Oregon · Apr 23, 2014

According to the court, Alexander and defendant were “clearly a direct threat to the officers at the scene and hostile from the start.” … A person who correctly felt that he had been illegally stopped, for example, could respond with unlimited violence and under an *395 exclusionary rule be immunized from criminal responsibility for any action taken after the

In Re Complaint as to the Conduct of Fitzhenry

343 Or. 86 · Oregon Supreme Court · Jun 28, 2007

The accused’s brief urges that some letters of intent in fact qualify as binding contracts. … Nor does the record establish that the accused knew about that misrepresentation to Clark. The record does establish, however, that the representation was patently untrue.

Mesta v. Franke

261 Or. App. 759 · Court of Appeals of Oregon · Mar 26, 2014

weight with the jury” because that opinion would be qualitatively like that of a trained detective; the pediatrician would be testifying as to ultimate issues in the case reserved for the jury; the pediatrician was not qualified … Defendant notes that the OEC 403 issue “was less clearly preserved at trial” than the vouching issue.

State Ex Rel. Juvenile Department v. Beasley

314 Or. 444 · Oregon Supreme Court · Oct 22, 1992

We accept father's summary of facts as having been established for purposes of our de novo review and hold that, in light of the record as a whole in this case, the state has established by clear and convincing evidence that … The somewhat similar statutory rule is clearly limited to the class of cases for which it was enacted. [4] In child sexual abuse cases, OEC *87 803(18a) and (b) permits hearsay testimony of statements by a child victim of

Kellas v. Department of Corrections

341 Or. 471 · Oregon Supreme Court · Oct 12, 2006

A day spent in various kinds of custodial supervision, incarceration, treatment or release programs may qualify as a “sanction unit.” … It is prudent to keep judicial intervention within statutory or established equitable and common law remedies.

Board of Directors of North Unit Irr. Dist. Gard v. Peck

91 Or. 33 · Oregon Supreme Court · Jan 21, 1919

Section 49 of the act clearly makes all irrigation districts theretofore organized under the laws of this state subject to the provisions of the act of 1917. … The decree of the lower court in that case declared the North Unit Irrigation District to have been “legally created and organized” and regularly constituted and established.

Wood v. Washburn

District Court, D. Oregon · Sep 30, 2022

immunity from money damages. … immunity.

Hughes v. State of Oregon

314 Or. 1 · Oregon Supreme Court · Aug 6, 1992

The state asserts: "Quite clearly, the legislature has established an elaborate pension scheme for public employees. … I begin by establishing the formation and the terms of that contract.

Tupper v. FAIRVIEW HOSP. & TRAIN. CENTER, ETC.

276 Or. 657 · Oregon Supreme Court · Nov 18, 1976

The stigma which an employee suffers upon being discharged from his job, even if only temporarily, can be regarded as an injury to his "reputation,” thus qualifying as a protected interest under Art. … He adds that "available data clearly do not show that conducting the hearing afterwards helps shorten the process.”

Soott v. Lawrence Warehouse Co.

227 Or. 78 · Oregon Supreme Court · Mar 22, 1961

Such, unilateral action clearly was unjustified. Lawrence Warehouse Company v. Twohig, 224 F2d 493, 498. By August 1, 1952, all of the lumber in the warehouse was delivered out of the warehouse, and it was closed. … To that extent the judgment entered was not supported by the established facts.

Rogers v. Farmers Ins. Co.

349 Or. App. 691 · Court of Appeals of Oregon · May 20, 2026

The parties specifically disagree as to whether the Mazda qualifies as “an insured vehicle” under that exclusion. ORS 742.504(2) includes definitions for both “insured vehicle” and “uninsured vehicle.” … We decline to create the anomaly that Farmers’s interpretation would establish, viz., while driving her owned and insured vehicle, plaintiff would have less coverage than when walking or as a passenger in another vehicle.

Matthews v. Carey

District Court, D. Oregon · Oct 27, 2021

The State of Oregon has not waived its sovereign immunity from suit in federal court. The Oregon Tort Claims Act (‘OTCA’) does provide for a limited waiver of sovereign immunity. … Applicable Law The Ninth Circuit has “held that in the prison context, the ‘prohibition against retaliatory punishment is clearly established law in the Ninth Circuit[.]’

Or. Natural Desert Ass'n v. Cain

292 F. Supp. 3d 1119 · District Court, D. Oregon · Feb 13, 2018

ONDA argues BLM's own wilderness handbooks require on-the-ground surveys to establish the existence of a route. … A new route is clearly one that never existed, but has now been brought into existence, by construction or use." Id. (quoting 16 U.S.C. § 460nnn-22(b) and (d) (emphasis added) ).

Salem Hospital v. Marion County

307 Or. 213 · Oregon Supreme Court · Dec 20, 1988

The legislative history of ORS 169.165 clearly shows that that statute was enacted to provide a remedy for a specific problem. … ORS 169.076 establishes standards for local correctional facilities.

United States v. E. K.

471 F. Supp. 924 · District Court, D. Oregon · May 24, 1979

However, since the presumption is that an offender of a certain age is a juvenile, the facts ought to clearly convince one on the side of these conclusions in order to warrant transfer. … After considerable time and sustained effort, several youth workers (and the psychiatrist) felt they had established trust and general rapport with E.K.

Foeller v. Housing Authority of Portland

198 Or. 205 · Oregon Supreme Court · Apr 29, 1953

. # # # “The non-residential establishments are scattered promiscuously throughout the area. … With the attainment of these fundamentally public purposes the property acquired and held by an agency has been thus clearly devoted to a public use.

Oregon Natural Desert Ass'n v. Singleton

47 F. Supp. 2d 1182 · District Court, D. Oregon · Nov 3, 1998

Management plans for any such component may establish varying degrees of intensity for its protection and development, based on the special attributes of the area. 16 U.S.C. § 1281 (a). … “A mere listing of mitigation measures is insufficient to qualify as the reasoned discussion required by NEPA.” Id. Instead, mitigation measures should be supported by analytical data, Idaho Sporting Congress v.

In Re Edwards' Estate

141 Or. 595 · Oregon Supreme Court · May 25, 1932

Instead of marrying a man who had succeeded in establishing himself she married a student. … In that year the trust fund had not yet been established.

Bancard Services, Inc. v. E Trade Access, Inc.

292 F. Supp. 2d 1235 · District Court, D. Oregon · Apr 30, 2003

Under the treaty, qualifying materials re *1243 ceive certain benefits, including exemption from import duties. A certificate of international character is required to receive treaty benefits. … The court described the contract as “clearly perpetual by its terms[.]” Id. at 456 , 513 P.2d at 1188 .

Lorenz v. Pilsener Brewing Co. of Ore.

159 Or. 552 · Oregon Supreme Court · May 24, 1938

class of cases where the improvement is compulsory on the part of the tenant making him a contractor with the landlord, with the consequence that liens may be claimed against the fee for materials or labor furnished, is clearly … It is true that when those decisions mentioned a lessee, holding under a lease containing a compulsory clause for the improvement of the property, they spoke of him as the agent of his lessor without the use of the qualifying