Case law

Davidson v. Apple Growers Ass'n

159 Or. 473 · Oregon Supreme Court · Jul 12, 1938

To accomplish this system of operation, the capital stock of defendant, except the shares necessary to qualify its directors as such, was placed with the Butler Banking Company in trust for the benefit of the members of defendant … This clearly distinguishes the case at bar from Hood River Orchard Co. v. Stone, supra.

Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission

215 Or. App. 557 · Court of Appeals of Oregon · Oct 31, 2007

Under the applicable federal law, the Forest Service was required to establish management plans that create, in effect, zoning maps of permissible uses and that establish basic guidelines by which to determine future use … They acknowledge the qualifier that such use must be the “primary” use of the land or water.

American Fuel & Petrochemical Manufacturers v. O'Keeffe

134 F. Supp. 3d 1270 · District Court, D. Oregon · Sep 23, 2015

The party seeking to invoke the subject-matter jurisdiction of the court bears the burden of establishing that such jurisdiction exists. Stock W., Inc. v. … Judgment on the pleadings is proper where “the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law.”

Hanson v. State of Oregon, Legislative Assembly

District Court, D. Oregon · Jan 3, 2023

To establish a prima facie case of disability discrimination, Hanson must show “(1) that she is disabled within the meaning of the ADA; (2) that she is a qualified individual with a disability; and (3) that she was discriminated … To establish a prima facie case for failure to accommodate under the ADA, Hanson must show that (1) she is a qualified individual, (2) the Legislature received adequate notice of her desire for a reasonable accommodation

Pacific Telephone & Telegraph Co. v. Hill

229 Or. 437 · Oregon Supreme Court · Oct 25, 1961

The company's witnesses established, at least prima facie, that the part of the plant represented by the sum of $6,194,114 was devoted to intrastate *447 service and established in like manner that the above expenses and … No one contradicted, challenged or qualified this part of Mr. Bushnell's testimony.

State v. Sell

Court of Appeals of Oregon · Sep 13, 2023

Although it is unusual for a jury to send seven notes to the trial court, the jury’s expressions of frustration regarding its deliberations about a complex issue do not establish that the verdict was based on factors external … “Even if an error does not qualify as harmless, our assessment of where it falls on the spectrum of likelihood of having affected the verdict can be an import- ant consideration to the exercise of discretion.

Warner Valley Stock Co. v. Lynch

215 Or. 523 · Oregon Supreme Court · Mar 11, 1959

Therefore, although there has clearly been no abandonment of the water right, and a right to water from Bluejoint Lake will be recognized when the water reaches the land from natural causes or under the conditions as they … But it was established in Broughton’s Estate v.

Lopez-Florez v. Douglas County

District Court, D. Oregon · May 30, 2020

1), DHS can “enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified … However, as was clearly stated in Ramirez, the collective knowledge doctrine applies to cases of criminal investigation. Here, the case involves a civil immigration violation.

Equine Legal Solutions, PC v. This Old Horse, Inc.

District Court, D. Oregon · Jul 5, 2022

This fact of agency, however, is not preclusive of Turner’s individual liability under the copyright law because directors and officers of corporations do not enjoy immunity from tort liability. … Gold Hill Canal Co., 72 Or. 353, 358 (1914) (“[A]lthough directors are not liable for negligent torts of subordinate agents in which they have not participated, they are clearly liable ex delicto for any tort in which they

State v. Oatney

335 Or. 276 · Oregon Supreme Court · Apr 10, 2003

The state introduced evidence that, if believed, would establish that Johnston and defendant had acted together in killing the victim. … Defendant introduced evidence that, if believed, would establish that Johnston had acted alone in killing the victim.

Sears v. Steel

55 Or. 544 · Oregon Supreme Court · Feb 15, 1910

I deem the precedent established, by holding the act under consideration void, to be far-reaching and portentous in its resultant effects. … Steel appears eminently qualified to give evidence bearing upon the issues presented, and his testimony before the trial court so fully, clearly, and specifically points out the facts, from which the advantages accruing,

Benaron v. Simic

District Court, D. Oregon · Sep 29, 2021

process and asking questions he clearly already knows [the answers to,] but wants me to divulge. I took the call on the recorded line - so you may want to play it back for details. . . . … The facts of this case are more similar to those in Deaton and H.L.B., and on this record the Court concludes that Plaintiff has not established that Defendant engaged in two or more qualifying contacts within the meaning

Hicks v. Central Point School District

270 Or. App. 532 · Court of Appeals of Oregon · Apr 22, 2015

We conclude that the district’s cost analysis, and its determination that that analysis permitted procurement, are subject to review in this action for declaratory relief, under the standard of review established by ORS 279B … unlawful failure to award the contract; “(c) The alleged violation deprived the person of the award of the contract or deprived the person of the opportunity to compete for the award of the contract; “(d) The person was qualified

State v. Garcia

320 Or. App. 123 · Court of Appeals of Oregon · Jun 8, 2022

Cooper pointed to a photograph from October 2016 in which M looked “clearly malnour- ished,” whereas the other children “all appear to be well- fed.” … The proponent of scien- tific evidence typically must establish that it possesses “suf- ficient indicia of scientific validity.” State v. Southard, 347 Or 127, 133, 218 P3d 104 (2009); see also State v.

In Re Lawrence

337 Or. 450 · Oregon Supreme Court · Sep 30, 2004

The Bar has the burden of establishing the alleged misconduct by clear and convincing evidence. BR 5.2. … SANCTION This court follows a well-established methodology for determining the appropriate sanction for lawyer misconduct.

Rose v. State of Oregon

District Court, D. Oregon · May 10, 2024

Apr. 1, 2009) (citing out-of-circuit cases that “clearly establish a prisoner’s recognized right to prompt medical care when displaying symptoms of cardiac arrest”). … In particular, Defendants assert, Plaintiff lacks “a qualified expert” who can “address . . . whether Mr.

Frangos v. Edmunds

179 Or. 577 · Oregon Supreme Court · Sep 18, 1946

It is established law that this court is bound by the certificate of the trial judge as to the statement of objections contained in the bill of exceptions even though a discrepancy may occur between the bill and the transcript … Ordinarily, a jury would like to know a doctor’s background, but where counsel for the defendant admits that he is recognized as probably the best, or among the best if not the best brain specialist in the West, you can’t qualify

Lee v. Commissioner Social Security Administration

District Court, D. Oregon · Aug 23, 2019

A field officer conducted an investigation regarding whether the agreement between plaintiff and his mother qualified as a bona fide loan. … Despite the uncontroverted statements in these affidavits, the ALJ concluded that the affidavits “clearly suggest a conditional obligation to repay.” Tr. 15.

State v. Washington

543 P.2d 1058 · Oregon Supreme Court · Dec 26, 1975

difficult to understand what purpose the definition has in establishing the limits on the defendant's right to such an instruction. … Even under the more fact-oriented pleadings approach to the determination of what is lesser included, sexual abuse would not qualify because he was not charged with sexual abuse or its elements, but only with intending to

CollegeNET, Inc. v. Common Application, Inc.

355 F. Supp. 3d 926 · District Court, D. Oregon · Nov 28, 2018

U.S. , 370 U.S. 294 , 325, 82 S.Ct. 1502 , 8 L.Ed.2d 510 (1962) ; see also Thurman Indus. , 875 F.2d at 1374 ("[A] product market is typically defined to include the pool of goods or services that qualify as economic substitutes … "[A] market share of less than 50 percent is presumptively insufficient to establish market power." Rebel Oil , 51 F.3d at 1438 .