Case law

Bates v. Bankers Life and Casualty Co.

Oregon Supreme Court · Jan 19, 2018

Plaintiffs qualify as vulnerable persons under the statute. See ORS 124.100(1)(e) (“vulnerable person” includes an “elderly person”); ORS 124.100(1)(a) (“elderly person” means a person 65 years of age or older). … Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies

Bates v. Bankers Life and Casualty Co.

Oregon Supreme Court · Jan 19, 2018

Plaintiffs qualify as vulnerable persons under the statute. See ORS 124.100(1)(e) (“vulnerable person” includes an “elderly person”); ORS 124.100(1)(a) (“elderly person” means a person 65 years of age or older). … Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies

Wheatley v. Carl Halvorson, Inc.

213 Or. 228 · Oregon Supreme Court · Mar 19, 1958

One clause *233 of the contract was that the defendants “promise to pay” which the court characterized as “clearly a joint promise.” … A third clause clearly contemplated several liability only.

Bates v. Bankers Life and Casualty Co.

Oregon Supreme Court · Jan 19, 2018

Plaintiffs qualify as vulnerable persons under the statute. See ORS 124.100(1)(e) (“vulnerable person” includes an “elderly person”); ORS 124.100(1)(a) (“elderly person” means a person 65 years of age or older). … Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies

Damascus Community Church v. Clackamas County Board of Commissioners

32 Or. App. 3 · Court of Appeals of Oregon · Jan 16, 1978

These provisions clearly have no relation to private schools. … But, even if the opponents' evidence would qualify as substantial evidence, such evidence is not sufficient to support the Board's ultimate finding of "adverse affect on the surrounding property."

Stafford v. Taffet

District Court, D. Oregon · Jun 23, 2025

BACKGROUND Self-represented Plaintiffs Dana Michael Stafford and Heather Leigh Stafford do not clearly allege the origin of their dispute. … RESPA requires that a loan servicer respond to a Qualified Written Request (“QWR”) within sixty days of receiving the request from the borrower. 12 U.S.C. § 2605(e).

Dillard v. Premo

Oregon Supreme Court · Oct 19, 2017

Bureau of Labor and Industries, 317 Or 606, 614, 859 P2d 1143 (1993) (“The legislature knows how to include qualify- ing language in a statute when it wants to do so.”). … He warns that courts could “routinely violate the law and enter an unlawful judgment, but the case would be immune from appellate review.” Petitioner is incorrect.

Mossberg v. University of Oregon

240 Or. App. 490 · Court of Appeals of Oregon · Feb 2, 2011

“To state a claim for conversion, a party must establish the intentional exercise of dominion or control over a chattel that so seriously interferes with the right of another to control it that the actor may justly be required … Given that former faculty members do not have campus addresses and phone numbers, the rule clearly contemplates that the faculty grievance process is available only to those individuals who are employed by the University

Fuller v. Dept. of Rev.

Oregon Tax Court · Dec 31, 2014

Plaintiffs must establish their claim “by a preponderance of the evidence, or the more convincing or greater weight of evidence.” Schaefer v. … OAR 150-315.262(3) clearly states that child care payments “must be made by the parent claiming the working family child care credit.” See also ORS 315.262(3).

Botez v. Northstar CG, LP

District Court, D. Oregon · Sep 29, 2025

Another informative provision provides how projects may qualify for a PSI Bonus: "To qualify for a bonus, a project or project phase must produce a minimum required gross profit . . . (1) with no lost time injuries, and … In Landye, the partnership clearly had discretion in deciding whether to award a bonus to a given partner.

Cornish v. United States

221 F. Supp. 658 · District Court, D. Oregon · Jul 16, 1963

Clearly, this type of valuation is based on estimated future profits. In 1956, Hirt and Wood, for income tax purposes, each claimed a deduction of $43,170.14 as the portion amortizable for that year. … Usually, the price is established by comparative sales of similar property in the area. Olson v. United States, 67 F.2d 24 (8 Cir. 1933), aff’d. 292 U.S. 246 , 54 S.Ct. 704 , 78 L.Ed. 1236 .

LeMaire v. Maass

745 F. Supp. 623 · District Court, D. Oregon · Aug 31, 1990

Goldberg’s own videotape showed clearly that exercising in shower thongs on a blanket placed on the floor is dangerous. Dr. … Judges are perhaps the least qualified to fashion remedies of all participants in this type of litigation.

Finicum v. United States of America

District Court, D. Oregon · Aug 5, 2021

One court concluded that these cases may qualify as misnomers. See Korbe v. Hilton Hotels Corp., Civil No. 08-1309-PK, 2009 WL 723348, at *2—3 (D. Or. Mar. 13, 2009). … Judge Sullivan recommends dismissing the conspiracy claims “with leave to amend so that Plaintiffs can more clearly state their conspiracy claim as to the State Defendants.” F. & R. [ECF 161] at 47.

Oregon Natural Desert Ass'n v. Green

953 F. Supp. 1133 · District Court, D. Oregon · Jan 31, 1997

The requirement that an aggrieved party exhaust administrative remedies, therefore, is limited to that which the statute or rule clearly mandates. Id. … Franklin, 14 F.3d 1324 (9th Cir.1992), BLM argues that it was not required to prepare an EIS simply because qualified experts disagree on the impacts of the proposed action. Id. at 1333 .

State Ex Rel. Engweiler v. Felton

350 Or. 592 · Oregon Supreme Court · Sep 1, 2011

In addition, the board argued that, even if the 1991 version did not apply, the 1989 version did not mandate a hearing in Engweiler’s case, because ORS 144.120 is qualified by another, related statute, ORS 144.110(2)(b), … In Sopher’s case, the 1991 version of the statute clearly applied.

State v. M. T. F.

Court of Appeals of Oregon · Jun 14, 2023

However, as we explain more below, in the particular and unique circumstances of this case, we deem it appropriate to make an exception to the well-established rule that “an issue raised for the first time in an appellant … Cite as 326 Or App 371 (2023) 383 As we stated so clearly in State v.

Dillard v. Premo

Oregon Supreme Court · Oct 19, 2017

Bureau of Labor and Industries, 317 Or 606, 614, 859 P2d 1143 (1993) (“The legislature knows how to include qualify- ing language in a statute when it wants to do so.”). … He warns that courts could “routinely violate the law and enter an unlawful judgment, but the case would be immune from appellate review.” Petitioner is incorrect.

Olshen v. Kaufman

235 Or. 423 · Oregon Supreme Court · Sep 5, 1963

. *427 Behrman immediately duly qualified as guardian and has ever since acted in that capacity. … volume of business on their own behalf, the latter view which rests upon the equitable basis that, if the contract is fair and reasonable, then the minor should not be permitted to overreach any more than the adult seems clearly

In Re Complaint as to the Conduct of Haws

310 Or. 741 · Oregon Supreme Court · Nov 26, 1990

Although the Trial Panel concluded that the evidence presented did not establish, by clear and convincing evidence, the guilt of the accused in the foregoing eight allegations of disciplinary rule violations, we consider … The conduct of the accused here in failing promptly to respond to the request of the bankruptcy trustee clearly falls within the scope of judicial proceedings and could have affected the procedural functioning of the system

FLIR Systems, Inc. v. Sierra Media, Inc.

965 F. Supp. 2d 1184 · District Court, D. Oregon · Aug 8, 2013

Clearly FLIR did not knowingly engage in conduct that it believed constituted trademark infringement. … Throughout the course of the litigation, Fluke has represented and the evidence *1212 has clearly established that IR Fusion “signifies a feature that enables a handheld thermal imager equipped with a digital camera to overlay