Case law

National Labor Relations Board v. State of Oregon

District Court, D. Oregon · Sep 27, 2021

.2 This Court will not conclude without further evidence that answering inquiries that are clearly within the scope of NLRB’s service functions should be deemed an injury sufficient to establish standing. 2 For the reasons … Molasky-Arman involved an out-of-state insurance agent’s challenge to a Nevada law brought under the Privilege and Immunities Clause of Article IV and the Fourteenth Amendment’s Equal Protection Clause. 522 F.3d 925, 931

Springwater Env. v. Clackamas County, Tc-Md 100196d (or.tax 2-17-2011)

Oregon Tax Court · Feb 17, 2011

There is no dispute that Plaintiff meets the statutory requirements of a qualifying organization operating a charter school in a leased facility owned by an exempt body, the Oregon City School District. … Plaintiff must establish its claim "by a preponderance of the evidence, or the more convincing or greater weight of evidence." Schaefer v. Dept. of Rev ., TC No 4530 at 4 (July 12, 2001) (citing Feves v.

Capital One Auto Finance, Inc. v. Dept. of Rev.

22 Or. Tax 326 · Oregon Tax Court · Dec 23, 2016

Taxpayer also argues that any “contrary interpretation” by the department would be akin to “ad hoc decision-making in violation of Article I, section 20[,] of the Oregon Constitution” (Oregon’s privileges and immunities clause … Substantial nexus can be established by economic presence alone. Taxpayer’s significant economic activities in Oregon established substantial nexus with Oregon.

Koch v. City of Portland

District Court, D. Oregon · Dec 30, 2021

If a local government body chooses to establish such a telephone line, Oregon Revised Statute 297.765 establishes some mandatory procedures. … “In defense to an action for defamation, Oregon recognizes two forms of privilege: absolute and qualified.

State v. Kreis

365 Or. 659 · Oregon Supreme Court · Nov 7, 2019

At any rate, we conclude that the record is insufficient to establish that the stop was justified by reasonable suspicion of either DUII or attempted DUII. … A “stop” is “a temporary restraint of a person’s liberty for the purpose of criminal investigation,” and qualifies as a “sei- zure” under Article I, section 9. Id. at 620.

Spearman v. Progressive Classic Insurance

276 Or. App. 114 · Court of Appeals of Oregon · Jan 27, 2016

We conclude from the statutory text and context that the issues that are within the scope of ORS 742.061(3) are the issues of liability and damages that an insured would have to establish in an action against the uninsured … The defense of “release” asserted in Cardenas is clearly an issue beyond the issues of liability and damages that the insured would confront in an action against the uninsured motorist.

Hammick v. Jacobs

District Court, D. Oregon · Oct 19, 2020

Even if an expert is generally qualified under Kumho Tire Co. v. … Jacobs imply, categorically establish an entitlement to summary judgment. Barnum, 264 Or. at 78-79.

Parkerson v. Young

District Court, D. Oregon · Dec 20, 2022

immunity. … Claim 1: Establishment Clause The Establishment Clause “prohibits the enactment of a law or official policy that establishes a religion or religious faith, or tends to do so.”

Lake Oswego Preservation Society v. City of Lake Oswego

Oregon Supreme Court · Aug 4, 2016

Thus, although “[t]he legislature knows how to include qualifying language in a statute when it wants to do so,” PGE v. … First, the owner must establish that it was the owner of the property at the time that it was designated. Second, it must establish that the designation was “imposed” on the property by the local government.

Foshee v. Lane County

District Court, D. Oregon · Aug 26, 2024

Every person who, under color of any [state law] . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … As the Complaint clearly states, Defendant foreclosed on and took ownership of the Peterson Property in September of 2017. Compl. ¶ 8.

Dept. of Human Services v. F. J. M.

370 Or. 434 · Oregon Supreme Court · Nov 10, 2022

Father contends that the psychological evaluation that the juvenile court ordered does not qualify as “treatment” and that, even if it does, it was not “needed” by father. … The juvenile court continued the children’s placement in substitute care and established a case plan of reunification with a concurrent plan of adoption.

Krahel v. Owens-Brockway Glass Container, Inc.

971 F. Supp. 440 · District Court, D. Oregon · Mar 13, 1997

And a breach of the union’s duty of fair representation may prove difficult to establish. … Congress clearly knew how to take such action when it desired. Finally, Owens cites a recent opinion from the Fourth Circuit, Austin v.

Evergreen Aviation & Space Museum v. Yamhill County Assessor

Oregon Tax Court · Aug 27, 2012

The issue before the court is whether the use made of the subject property qualifies for exemption under the statute. … While this list is not exclusive, “[t]he savings must be clearly evident.” OAR 150-307.112(9).

Ollis v. Department of Revenue

303 Or. 75 · Oregon Supreme Court · Mar 24, 1987

“Any one or more of the three approaches to value may finally be used, except [not applicable].” 2 *79 In the Tax Court three witnesses qualified as experts and each gave a different opinion of the true cash value of the … He then used standard cost factors to establish a per space gross cost for the improvements on the 84 spaces.

State v. Sparks

267 Or. App. 181 · Court of Appeals of Oregon · Nov 26, 2014

The court reasoned: “Defendant clearly had a cognizable privacy interest in the content of his telephone calls. … However, undoubtedly, in numerous contexts, a person will have some control over premises yet in no way qualify as the temporary custodian of children on those premises.

Clark v. Gulick

District Court, D. Oregon · Apr 1, 2024

Finally, Defendants argue that the doctrine of qualified immunity protects them from civil liability in this case. A. … Because the Court grants summary judgment on this ground, it does not reach the final argument raised by Defendants regarding Defendants’ qualified immunity to civil liability.

Ionita v. Department of Revenue

Oregon Tax Court · Jun 21, 2013

That regulation establishes two methods for allocating or apportioning expenses associated with tax-exempt income paid to an adult foster care provider. See generally id. … One method is to track expenses directly related to nonexempt income of qualified residents. (Id.)

In Re Marriage of Weber

337 Or. 55 · Oregon Supreme Court · May 27, 2004

In the context of the parties' respective economic circumstances, a jump in husband's income of the magnitude shown here in only two years easily qualifies, in the words of ORS 107.135(3)(a), as a substantial change in husband's … Additionally, the statute clearly calls for the application of the "substantial change" standard to the economic circumstances of either party.

Wolff v. Tomahawk Manufacturing

District Court, D. Oregon · May 28, 2025

Cir. 1972) (affirming exclusion of an accounting expert who “would do no more than make basic arithmetical computations with figures supplied to him by counsel” because it would be “expert testimony concerning matters clearly … Even if he were qualified, however, as discussed next, his opinion is unreliable. 2.

Lane Unified Bargaining Council/SLEA/OEA/NEA v. SOUTH LANE SCH. DIST. 45J3

169 Or. App. 280 · Court of Appeals of Oregon · Aug 2, 2000

Connell, 53 Or App 933, 937 , 632 P2d 1385 , rev den 292 Or *287 109 (1981) (offeror may restrict the manner of acceptance, provided the intention to do so is clearly expressed). … have verbally told Carr that the Association and Rogge accepted the District’s offer on June 4, the document that she prepared immediately thereafter to detail the settlement contained terms that materially changed and qualified