Case law

Century Indemnity Co. v. Marine Group, LLC

131 F. Supp. 3d 1018 · District Court, D. Oregon · Sep 11, 2015

As Tribes clearly have the authority to pursue natural resource damage claims, they are not properly characterized as local governmental authorities. … The OECAA clearly contemplates an insurer subject to an allocation of costs has issued a “policy.”

State v. Makuch

340 Or. 658 · Oregon Supreme Court · Jun 2, 2006

That ‘organizer’ was a zippered, book-sized looseleaf binder, which was clearly marked on the first page: ‘ATTORNEY/CLIENT CONFIDENTIALITY PRIVILEGE CLAIMED ON ALL CONTENTS.’ … On reconsideration, however, the trial court concluded that Neal’s personal organizer qualified as “files, papers, [or] effects * * * relating to the provision of legal services” under ORS 9.695(1).

Waterway Terminals Co. v. P. S. Lord Mechanical Contractors

242 Or. 1 · Oregon Supreme Court · Oct 13, 1965

In other words, defendant claimed that its contract with a third party established the standard of care. We rejected this contention. Plaintiff cites Presser v. … DEFENSE OF IMMUNITY FROM NEGLIGENCE OF INDEPENDENT CONTRACTOR MHS moved for a directed verdict and urges that its motion should have been allowed.

Farmers Ins. Co. of Oregon v. Mowry

350 Or. 686 · Oregon Supreme Court · Sep 9, 2011

Gilroy, 296 Or 718, 733-34, 681 P2d 776 (1984) (abrogating common-law parental immunity because common-law developments and changed statutory context demonstrated that controlling precedent had been "superseded … Unlike in Collins, the North Pacific court focused on whether the insurer 19 had clearly phrased Exclusion 10.

In the Matter of Rudder and Rudder

230 Or. App. 437 · Court of Appeals of Oregon · Aug 26, 2009

The marital asset portions of those accounts were to be divided by a qualified domestic relations order (QDRO). (5) The balance of the parties’ assets was divided roughly evenly, and wife was awarded an equalizing judgment … In sum, the text of the statute clearly supports husband’s reading of the statute. The legislative history confirms that understanding.

Dry Bulk Singapore PTE. LTD. v. Amis Integrity S.A.

District Court, D. Oregon · Jan 28, 2022

“[A] party asserting the attorney-client privilege has the burden of establishing the [existence of an attorney-client] relationship and the privileged nature of the communication.” United States v. … Considering the cross-border nature of admiralty disputes, this Court is not inclined to invent an artificial distinction that only attorneys from the United States can qualify as “competent counsel” for the purposes of

Kasliner v. Dept. of Human Services

Court of Appeals of Oregon · Jan 4, 2024

He noted that a qualified polygrapher had administered a polygraph examination to petitioner and had concluded that petitioner truthfully denied sexually abusing L. … It also established an open-ended procedure for reviewing orders in other than contested cases. Id. §18(6).

Schultz v. NW Permanente P.C.

District Court, D. Oregon · Aug 31, 2022

Plaintiff argues that it “required skills and experience in both employment law and trial practice” to “establish disability discrimination where there are performance issues caused by symptoms of a disability and the … Finally, the $237,000 verdict—although clearly a significant victory for Plaintiff and significantly more than the highest settlement amount—does not warrant an upward departure.

Shelter Forest International Acquisition, Inc. v. COSCO Shipping (USA) Inc.

District Court, D. Oregon · Jul 28, 2020

That SFI perhaps sustained greater damage to its business as a result does not qualify as an extraordinary circumstance giving rise to equitable tolling. Cf. … Regardless, the record clearly reflects that SFI was well-aware of its claims within the limitations period.

Corbin

District Court, D. Oregon · May 8, 2026

Section 1983 liability “arises only upon a showing of personal participation by the defendant” who, acting under color of state law, deprived the plaintiff of “any rights, privileges, or immunities secured by the Constitution … Plaintiff then called police dispatch to request that a different officer be sent to the house because Palmeri “clearly didn’t believe a word that my kid said.” Id. ¶ 25.

State v. Flores Ramos

367 Or. 292 · Oregon Supreme Court · Dec 24, 2020

However, the state has conceded, and we have agreed, that receipt of nonunanimous verdicts qualifies as plain error, which is subject to reversal even when the assignment of error was not preserved. … Thus, the state argues, all that is needed to establish harmlessness is the jury poll showing unanimity.

Savage v. Martin

161 Or. 660 · Oregon Supreme Court · Dec 8, 1938

I, of the State Constitution, provides “No law shall be passed granting to any citizen or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.” … The law clearly contemplates the establishment of a natural marketing area. The standard would be violated, for example, if a portion of Tillamook county were included in the Salem market area.

Khalaf v. Dept. of Rev.

24 Or. Tax 1 · Oregon Tax Court · Feb 5, 2020

See National Can Corp., 520 F Supp at 579 (“[T]here can be an expense which will qualify as a tax deduction where all other requirements are satis- fied, if there is payment in kind or in the equivalent of cash.” … dealer that temporar- ily withdraws certain vehicles from its inventory to use as “demonstration” vehicles meant to stimulate future sales cannot then claim depreciation deductions on those vehi- cles unless the evidence clearly

Prentice v. Land Conservation & Development Commission

71 Or. App. 394 · Court of Appeals of Oregon · Dec 19, 1984

There are no findings that the land could not qualify for tax-deferred status or explaining why it has not been placed in that status. … The exact nature and extent of the areas found to be irrevocably committed shall be clearly set forth in the justification for the exception, and those area(s) must be shown on a map or otherwise described and keyed to the

State v. Sack

210 Or. 552 · Oregon Supreme Court · Jun 24, 1957

The evidence concerning the suit for separate maintenance was clearly admissible on the issue of motive. … Assignments of Error 11 and 12 challenge the ruling of the court which permitted evidence of quarrels between the defendant and his wife, which evidence was clearly admissible.

Hamilton and Hamilton

350 Or. App. 759 · Court of Appeals of Oregon · Jun 17, 2026

In addition, Husband is currently qualified for higher paying jobs with no further training. … that the court improp- erly determined that his earning potential was higher than his salary due to his crypto currency investments presents a close question but we conclude that the court did not err because (1) the court clearly

Irwin v. Shalala

840 F. Supp. 751 · District Court, D. Oregon · Sep 24, 1993

I am not qualified to interpret an EEG, or determine how it affects plaintiffs capacity to work. Absent proper interpretation by a qualified physician, this information is meaningless. F. … The Secretary has clearly not met her burden of establishing that plaintiff can consistently work an eight-hour day at a job available in sufficient numbers in the national economy, and further testimony is unlikely to produce

State v. Ewing

174 Or. 487 · Oregon Supreme Court · May 1, 1944

In so far as evidence of misconduct with others does not disclose the same unusual method, it fails pro tanto to qualify as admissible under the exception. … To admit evidence of bad character against an accused it is necessary that he shall already have put his character clearly and expressly in issue. Underhill, Crim. Ev., 4th ed., § 167, p. 293; People v.

United States v. Snider

180 F. Supp. 3d 780 · District Court, D. Oregon · Apr 13, 2016

“[C]onstitutional determinations that place particular conduct or persons covered by the statute beyond the State’s power to punish” qualify’ as substantive rules as well. Id. at 352 , 124 S.Ct. 2519 . … Although the Supreme Court has not clearly stated a standard for a freestanding actual innocence claim, the Supreme Court has differentiated between “actual innocence” for the purposes of the gateway showing necessary to

Garcia v. Dept. of Rev.

Oregon Tax Court · Mar 3, 2020

Bank Deposit Analysis “Where a taxpayer’s books do not clearly reflect income, the Department of Revenue may demonstrate unreported income ‘by any practicable proof that is available in the circumstances of the … Reduction of Business Expenses Under IRC Section 265 IRC section 131(a) excludes from gross income “amounts received by a foster care provider * * * as qualified foster care payments.”