Case law

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 .

Ash v. City of Portland

District Court, D. Oregon · Nov 14, 2024

within the jurisdiction of the United States the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.” 42 U.S.C. § 1983. … Although it could be argued that, to the extent that they are also voters who play a part in choosing municipal officers, taxpayers are always responsible for municipal policies, such responsibility is clearly too indirect

Amadi v. Conagra Foods, Inc.

881 F. Supp. 2d 1227 · District Court, D. Oregon · Jul 27, 2012

None of these comments qualify as direct evidence. The first two comments are similar to the comments rejected as direct evidence of discriminatory intent in Patterson v. Apple Computer, Inc., 2005 WL 2277005 (N.D.Cal. … In contrast, the third comment relates to Amadi’s employment as it affected his training and clearly is directed at Amadi’s race.

State v. Priester

325 Or. App. 574 · Court of Appeals of Oregon · Apr 26, 2023

However, because reference to a “DV package” at sen- tencing did not establish that all parties had the same understanding of what it included, the shorthand phrase was insufficient to meet the requirements of ORS 137.030 … Though the evidence does not clearly explain the sequence of what hap- pened next, CP again refused to have sex, defendant yelled at her about refusing sex, and defendant held CP by the wrists or arms with both hands and/

Brueske v. Dept. of Revenue, Tc-Md 090020d (or.tax 3-3-2010)

Oregon Tax Court · Mar 3, 2010

He hoped to qualify for a pension and other benefits, so he accepted the position and moved to Washington, D.C. Id. … By 2003, Dewane had (1) clearly established a residence in Arizona; (2) formed the intent to abandon his Oregon domicile, as demonstrated by his dwindling connections with Oregon and by his decision to file his tax return

In re Bertoni

363 Or. 614 · Oregon Supreme Court · Sep 13, 2018

On review, respondent argues that he should not be held to the admission in his answer because the written fee agreement clearly complied with RPC 1.5(c)(3). … To qualify as a prior disciplinary offense, the prior offense must have been adjudicated before the imposition of the current sanction and the similarity and temporal relationship between the prior offense and the current

Stone v. First National Bank

100 Or. 528 · Oregon Supreme Court · Nov 22, 1920

The plaintiff claims that his contract gives him an equitable lien on the proceeds *550 from the sale of the logs in the pond and the sale of the lumber which was at the mill and unsold at the time Burtchaell qualified as … There should also appear proof that clearly established the intention that the premises would ‘be held, given, or transferred as security for the obligation’ of the contract.” In Cook & Co. v. Black, 54 Iowa, 693 ( 7 N.

State ex rel. O'Connor v. Helm

273 Or. App. 717 · Court of Appeals of Oregon · Sep 23, 2015

A LOMA establishes a property’s location in relation to the special flood hazard area. … On appeal, O’Connor argues that the circuit court erred in relying on the alternative of LUBA, because an award of attorney fees based on that factor would “clearly deter other land use applicants from pursuing their rights

Parmele v. Mathews

233 Or. 616 · Oregon Supreme Court · Mar 20, 1963

Further, if any such element is not established, the court may not grant letters of guardianship. … The choice would clearly favor the latter's custodianship if we were permitted to consider only the best interest of the child in these contests between the parent and a third person.

City of Eugene v. Comcast of Oregon II, Inc.

263 Or. App. 116 · Court of Appeals of Oregon · May 21, 2014

The city asserts that Comcast failed to establish anything beyond a *148 short-term clerical error, subsequently corrected. … Clearly the intent behind the Ordinance was not to tax Internet access.” The question, in our view, is not whether the Internet has evolved, but how it has evolved.

Estate of Verd Hill v. Henderson

198 Or. 307 · Oregon Supreme Court · Apr 29, 1953

Our sole problem, therefore, is to test the facts as revealed by the record in terms of those controlling and well established canons. … Fratzke, a qualified physician and surgeon, to whom was addressed a hypothetical question concerning the mental competency of the decedent.

Rooney v. Kulongoski

322 Or. 15 · Oregon Supreme Court · Sep 28, 1995

Clearly, the enactment by the people of initiative or referendum measures is a legislative act. Or. Const., Art. … The Attorney General responds that the measure clearly provides that the books must meet community standards to be in the library.

Horseman

District Court, D. Oregon · Feb 9, 2026

And so I don’t think under the definition it qualifies there. … It does qualify as Sex Abuse in the Third Degree, but I don’t think it qualifies as Using a Child in a Display of Sexual Conduct.

Salas-Juarez v. Washburn

334 Or. App. 413 · Court of Appeals of Oregon · Aug 14, 2024

Washburn Petitioner argues that statement was “tantamount” to vouching for Russell because it suggested that Young was qualified to determine if someone was telling the truth or lying. We disagree. … On this record, petitioner did not establish deficient performance or prejudice, and the post-conviction court did not err in deny- ing relief on claim 20O.

Farmers Direct, Inc. v. Yamhill County Assessor

Oregon Tax Court · Mar 20, 2018

Plaintiff has the burden of proof and must establish by a preponderance of the evidence. ORS 305.427. … The King Estate Winery language clearly makes Gilmour inapplicable in this case.

Coles Valley Church v. Oregon Land Use Board of Appeals

District Court, D. Oregon · May 14, 2021

Oregon law and county ordinance further allow for primary or accessory dwellings to be established on EFU zoned land. Id.; see also Or. Rev. Stat. (“ORS”) § 215.283(1)(e). … Congress defined the activities that qualify as “land use” as follows: The term “land use regulation” means a zoning or landmarking law, or the application of such a

Northwest Environmental Defense Center v. Brown

476 F. Supp. 2d 1188 · District Court, D. Oregon · Mar 1, 2007

The State Defendants contend that the logging roads do not qualify as point sources under the reasoning in Forsgren . … Forsgren is clearly controlling here. Some of the cases cited by the parties are not persuasive because they are pre-Fors gren and consider the list of point sources in the exemption to be exhaustive.

Martin v. City of Portland

District Court, D. Oregon · Jan 21, 2020

Such pleadings are legally insufficient because they clearly lack merit “under any set of facts the defendant might allege.” Polk v. Legal Recovery Law Offices, 291 F.R.D. 485, 489 (S.D. … “In order to establish municipal liability, a plaintiff must show that a ‘policy or custom’ led to the plaintiff’s injury.” Castro v.

Bielenberg v. ODS Health Plan, Inc.

744 F. Supp. 2d 1130 · District Court, D. Oregon · Oct 12, 2010

care of the renal disease; d. in faffing to treat said disease; [and] e. in failing to care for and treat [Bielenberg] in accordance with the standard of care and skill required of and ordinarily exercised by the average qualified … Therefore, as the claims administrator, ODS clearly is a named fiduciary under the Benefit Plan.