Case law

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).

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

White v. Reyes

Court of Appeals of Oregon · Sep 18, 2024

Nooth, 257 Or App 704, 712, 308 P3d 225, rev den, 354 Or 491 (2013) (concluding “that plaintiff failed to establish a 140 White v. … Reyes prescribed” and “to make no further changes to Petitioner’s medications until [an] examination and review of [the] drug regimen by a qualified [p]hysiatrist.”

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

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.”

State ex rel. Icon Groupe, LLC v. Washington County

272 Or. App. 688 · Court of Appeals of Oregon · Aug 5, 2015

Although Icon’s applications on their faces appear to propose permanent signs conveying a Memorial Day salutation, the county did not dispute (and still does not dispute) that such permanent Memorial Day signs qualified as … Slusher established a general rule that local officials can challenge the constitutionality of a law in a mandamus action only in narrow circumstances.

Swales v. Commissioner Social Security Administration

District Court, D. Oregon · Nov 4, 2019

Based on these limitations, which qualified Plaintiff for “light” work, Dr. Moner found Plaintiff not disabled through December 31, 2014. (Admin. R. … In March 2016, Plaintiff established care with Margaret Bismark, F.N.P.

Bonds v. Farmers Insurance

349 Or. 152 · Oregon Supreme Court · Oct 14, 2010

`Institute' means `to originate and get established: set up: cause to come into existence.' Id. at 1171. … first letter clearly expressed consent to arbitration but that consent was subject to a condition: that there be a disagreement between the parties about the "liability/damages owed by the underinsured motorist."

Association of Unit Owners of Timbercrest Condominiums v. Warren

352 Or. 583 · Oregon Supreme Court · Oct 18, 2012

conclude that 7 plaintiff's motion for reconsideration did not amount to a motion for a new trial, that 8 determination is conclusive, and we need not address the second and third questions. 9 To establish … Roman * * * [this court] held 19 that a motion to set aside a summary judgment qualifies as a motion for a new trial[.]" 20 Id. at 589. 21 Finally, in Carter, the trial court entered summary judgment

Adidas America, Inc. v. Skechers USA, Inc.

149 F. Supp. 3d 1222 · District Court, D. Oregon · Feb 12, 2016

important .to guard against the overlap of patents and trademarks because if a product’s functional features could be trademarked, the holder .could *1238 obtain a monopoly “over such features \.. without regard to whether they qualify … A search for “mtm special ops” watches on Amazon.com returned a results page which listed several other brand’s watches that were similar to MTM’s tactical-style watches, but the results page did not clearly indicate that

Leadbetter v. Price

102 Or. 159 · Oregon Supreme Court · Jul 26, 1921

In terms applicable to both Supreme and Circuit Courts, the legislature has established a procedure governing their taxation and allowance. … The cost bill was clearly filed in time.

Strobel v. Garrison

255 Or. 16 · Oregon Supreme Court · Oct 22, 1969

We do not think that the legislature intended to establish a procedure whereby parents could waive their right to personal appearance in any adoption proceeding which might be brought by someone in the future. … In 1919, by Oregon Laws 1919, ch. 405, the legislature granted a quasi-official status to qualifying private child-caring agencies such as Waverly.

United States v. Oregon

787 F. Supp. 1557 · District Court, D. Oregon · Mar 16, 1992

This original plan set conservation goals for each fish species, established fishing regulations and provided for the establishment of future management techniques. … In the treaties negotiated by Moses in 1879 and 1883, he clearly sought to establish rights to land in the traditional aboriginal territories of the Chelan, Entiat and Wenatchi, but no mention was made of fishing rights,

Patton v. Mutual of Enumclaw Ins. Co.

238 Or. App. 101 · Court of Appeals of Oregon · Oct 20, 2010

The court concluded: "The reasons for limiting recovery to the amount actually expended for repair or replacement seem reasonable, and such limitations should be enforced if it is clearly stated in the insurance contract. … However, Smith also consistently qualified those statements by reminding plaintiff that his right to replacement-cost coverage was subject to the conditions and terms of the policy, including the requirement that construction

Aequitas Holdings, LLC v. Newman

District Court, D. Oregon · Mar 16, 2020

Indeed, the testimony of the Newmans, at best, established that Jesenik offered them a gift of repaying the loan for them. … Defendants provide no support that ACF or AH clearly, decisively, and unequivocally waived any right to collect on the note.

State v. Juarez-Hernandez

316 Or. App. 741 · Court of Appeals of Oregon · Jan 5, 2022

If the declarant is unavailable to testify, the statement may be admitted only if the declarant was less than 12 years old (or more than 65 years old) when the statement was made and “the proponent establishes that the time … As we have previ- ously described it, OEC 803(18a)(b) creates “two doors,” and qualifying statements are admissible if the proponent of the evidence “passes through either of those doors.” State v.

Haszard v. American Medical Response Northwest, Inc.

237 F. Supp. 2d 1151 · District Court, D. Oregon · Sep 20, 2001

Jui and Schmidt have not intransigently insisted on classroom training for verification of competencies, they clearly have attempted to do so. … This requirement is meant to encompass all forms of training that do not qualify the employee for advancement or promotion. 29 CFR § 785.29 .

State v. Criswell

282 Or. App. 146 · Court of Appeals of Oregon · Nov 9, 2016

. * * * For her to then blurt that out I think clearly could be indifferent to the consequence.” … Here, unlike in Bucholz , we cannot conclude that findings necessary to satisfy Partain might have been easily established.

State v. Mosqueda-Rivera-Burdette

344 Or. App. 238 · Court of Appeals of Oregon · Oct 15, 2025

Indeed, on appeal, we require appellants to establish that there was trial court error rather than requir- ing respondents to establish that there was not. … But, as noted earlier, we require appel- lants to establish that there was trial court error rather than requiring respondents to establish that there was not.

In Re Complaint as to the Conduct of White

311 Or. 573 · Oregon Supreme Court · Jul 25, 1991

The Bar has the burden of establishing ethical misconduct by clear and convincing evidence. BR 5.2. … The evidence does not show clearly and convincingly that the accused filed the lien merely to harass.