Case law

State v. Aranda

Oregon Supreme Court · May 31, 2024

Morgan, 192 Wash 425, 431, 73 P2d 745 (1937) (“clearly proper” for prosecution to ask defendant on cross-examination whether he had previously been convicted of crime); Mansbach v. … Here, however, the state con- tends that trial courts must admit—and do not have author- ity to exclude—qualifying evidence proffered under OEC 609.

Bevacqua v. Hillsboro Aero Academy, LLC

District Court, D. Oregon · Apr 10, 2025

Complete preemption requires showing that “Congress clearly manifested an intent to convert state law claims into federal-question claims.” Ansley, 340 F.3d at 862. … airplane crash instead raises “fact-bound and situation-specific” questions about whether conduct satisfied the applicable standard of care under the circumstances, Empire HealthChoice, 547 U.S. at 701, which does not qualify

Sause and Schnitzer

Oregon Supreme Court · Nov 28, 2023

Schnitzer said that he would only con- sider accepting Sause’s eggs if she signed the same forms that were routinely used for anonymous gamete donors by OHSU, despite Sause clearly not being an anonymous donor. … When an error qualifies as plain, “the decision whether to review [it] rests with the discretion of the appel- late court.” Id.

Spyglass Court of Oregon LTD. v. Lincoln County Assessor

Oregon Tax Court · Dec 3, 2013

The Department’s conference officer found that the subject property “is a low income housing apartment qualifying under the Internal Revenue Code Section 42 rural development 515.” (Ptf’s Am Compl at 4.) … The Oregon Supreme Court has stated: “Not always clearly stated, but clearly implied in our decisions, is the rationale that an amended pleading should be permitted to relate back if the defendant is

State of Oregon v. Kader

201 Or. 300 · Oregon Supreme Court · May 12, 1954

The witness was not qualified as an expert. The record was silent as to the position of the body and the location of the blood stains. State v. … Eichardson in this case is clearly distinguishable from the subjects of inquiry in the cited cases.

Archie v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 8, 2024

The record contains hundreds of pages of observations from Plaintiff’s Qualified Mental Health Professional who detailed their sessions. Tr. 1815-2050. … The ALJ “may find that a claimant lacks a medically severe impairment or combination of impairments only when [that] conclusion is ‘clearly established by medical evidence.’” Webb, 433 F.3d at 687 (citation omitted).

Wolfe v. City of Portland

District Court, D. Oregon · Oct 8, 2021

To obtain a mandatory injunction, a plaintiff must “establish that the law and facts clearly favor her position, not simply that she is likely to succeed.” Id. (emphasis in original). … The Court thus declines to reach Wolf’s argument on qualified immunity. b.

State v. Agee

Oregon Supreme Court · Dec 3, 2015

Because neither party has made a developed legal argument about the scope of Article I, section 16, and because the Supreme Court’s Eighth Amendment jurisprudence clearly prohibits the execution of intellectually disabled … Hulteng testified that, in his opinion, a person with an IQ score of over 75 could never qualify as intellectually disabled. Specifically with respect to this case, Dr. Hulteng and Dr. 

Morrow v. Trellix

District Court, D. Oregon · Sep 19, 2024

Morrow has continued to try to obtain information from Mcafee, and the email in question has been viewed 520 times, and therefore, is clearly important. … Morrow does not allege a special relationship, status, or standard of conduct that establishes defendants owed her a duty.

PharmacyChecker.com LLC v. LegitScript LLC

District Court, D. Oregon · Jan 3, 2024

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … Further, even if the partial summary judgment opinion in the New York Case might qualify as “sufficiently firm” to warrant consideration for issue preclusion, LegitScript’s argument would still fail.

Harding v. United States Figure Skating Ass'n

851 F. Supp. 1476 · District Court, D. Oregon · May 3, 1994

A credible link must be established between the reasoning and the con­clusion. … An expert may be “qualified” to render an opinion, but the methodology may be suspect.

Granas v. Union Pacific Railroad Company

District Court, D. Oregon · Aug 18, 2025

Plaintiff established by a preponderance of the evidence that he was a qualified individual able to perform the essential functions of the job as a trainman at Union Pacific. … The total clearly exceeds the $300,000 cap. 51.

Charter Oak Fire Insurance v. Interstate Mechanical, Inc.

958 F. Supp. 2d 1188 · District Court, D. Oregon · Jul 23, 2013

Thus, Glacier concedes that it has chosen not to clearly assert a bad faith claim in order to pursue what it has viewed as a stronger argument, that this Court is the wrong forum. 2 Therefore, Glacier has attempted to have … The more modern rule strikes this court as the better one, but it is by no means established in this jurisdiction.

Journal Publishing Co. v. State Unemployment Compensation Commission

175 Or. 627 · Oregon Supreme Court · Feb 15, 1944

As the New York court said in a similar case: "While this carrier paid the appellant's inspector for the papers which he had delivered, his ownership was qualified, as they could be used only in fulfilling the publisher's … It is argued that the last requirement is impossible of application to this case because the plaintiff has no means of getting the information necessary for keeping such records, and that the other provisions referred to clearly

Tomlinson v. Metropolitan Pediatrics, LLC

362 Or. 431 · Oregon Supreme Court · Feb 8, 2018

Gilroy, 296 Or 718, 734, 681 P 2d 776 (1984) (adopting Restatement (Second) § 895G approach and abolishing parental immunity except in instances where the act is not tor- tious or is privileged). … A physician who fails to take reasonable care to preserve that chance clearly has acted adversely to the patient’s interests.

McNall v. CREDIT BUREAU OF JOSEPHINE COUNTY

689 F. Supp. 2d 1265 · District Court, D. Oregon · Feb 5, 2010

The court also found that the collection agency was not a judgment creditor indicating that a debt had been judicially established as was the case in Hasbun, 323 F.3d at 803 . Pintos, 565 F.3d at 1113-14 . … The fact that plaintiff Karyl McNall signed the computer screen and not plaintiff Michael McNall is of no moment; both plaintiffs clearly initiated the transaction with RVMC and participated in seeking treatment for their

Goddard v. Farmers Insurance

344 Or. 232 · Oregon Supreme Court · Mar 6, 2008

Once that rough numerical reference point is established, the other guideposts come into play. … Defendant contends that a course of conduct against a single individual does not qualify as “repeated actions.”

Northwest Environmental Defense Center v. National Marine Fisheries Service

647 F. Supp. 2d 1221 · District Court, D. Oregon · Aug 12, 2009

The Corps’ EA establishes that the required balancing of benefits and detriments occurred. … “Clearly, there can be a significant impact on a species even if its existence is not jeopardized.” Id.

Gessele v. Jack in the Box, Inc.

6 F. Supp. 3d 1141 · District Court, D. Oregon · May 15, 2014

Genesis Healthcare Corporation the Third Circuit stated without analysis: To qualify for relief under the FLSA, a party plaintiff must “commence” his cause of action before the statute of limitations applying to his individual … Plaintiffs have not established they brought this action in a dual capacity.

Brown v. Boise Cascade Corp.

150 Or. App. 391 · Court of Appeals of Oregon · Oct 8, 1997

Viewed most favorably to plaintiff, the evidence established that plaintiff’s employer, Partridge, and defendant were both participants in the project of “sprucing up” the St. … There may also be (indiscernible), but if you really go back and review the standard, the actual number that applies is clearly five foot-candles in those work areas.