Case law

First Nat. Bank v. Wegener

94 Or. 318 · Oregon Supreme Court · Jun 24, 1919

The right to possession remains in the mortgagor until there is a breach of the conditions, after which the mortgagee has the qualified title, giving him possession: Swank v. Elwert, 55 Or. 487 -495 ( 105 Pac. 901 ). … “As to recording, the rule appears to be well established that a mortgage which was valid when executed and entirely free from fraud is not invalidated in the bankruptcy proceedings simply because it was not placed on the

In Re Dougan's Estate

152 Or. 235 · Oregon Supreme Court · Oct 16, 1935

Dougan a suite of rooms in the establishment wMch he managed when she expressed an interest as a prospective tenant. Mrs. J. W. McNeff, who lived in the Ambassador apartments, showed Mrs. … We believe this doctrine to be sound, when properly understood and properly qualified.

Coltrain v. McDonough

District Court, D. Oregon · Aug 29, 2025

; (2) he was qualified for the position; (3) he suffered an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably. … Defendant does not dispute that plaintiff is a member of a protected class or was qualified for the position.

Rust-Oleum Corporation v. NIC Industries, Inc.

District Court, D. Oregon · Jul 15, 2025

The first factor, whether Rust-Oleum’s conduct was “willful or malicious,” ORS § 20.075(1)(a), is already established. … Bonaparte to be well-qualified Page 9 — Opinion and Order to offer such an opinion. Moreover, the report is well-supported and uses credible methodology.

JäRLSTRöM v. Aldridge

366 F. Supp. 3d 1205 · District Court, D. Oregon · Dec 28, 2018

This restriction clearly controls and suppresses protected speech, and enforcement of the statute against protected speech is not a hypothetical threat. … Even if the term "engineer" qualifies as potentially misleading commercial speech, the Title laws fail the test articulated in Cent. Hudson Gas & Elec. Corp. v. Pub. Serv.

Smith v. Brown

District Court, D. Oregon · Sep 27, 2021

Rather, the state court’s application of clearly established federal law must be objectively unreasonable. … The clearly established federal law governing ineffective assistance of counsel claims is set forth in Strickland.

Huebener v. Chinn

186 Or. 508 · Oregon Supreme Court · May 4, 1949

For instance, according to the decision: “As to the mortgage company, the principal question is as to the propriety of an instruction whereby the jury were informed that the title of Adams and Beech (the defendants) was a qualified … There must be such complexity as makes it clearly appear that the case presents a problem too difficult for a jury to unravel.

Perez v. Oak Grove Cinemas, Inc.

68 F. Supp. 3d 1234 · District Court, D. Oregon · Dec 17, 2014

As explained herein, Plaintiff established that all Defendants violated the FLSA’s overtime and record-keeping provisions and further established that David Emami violated the anti-retaliation provision. … The nature of Barrington Venture’s business was not clearly established at trial although it appears to also manage properties. David Emami has a master’s degree in applied economics from Portland State University.

Rodriguez v. Cain

District Court, D. Oregon · May 17, 2022

Although Kautz’s response differs from Rodriguez’s characterization of the incident, these disputed facts are immaterial to the two issues—exhaustion and qualified immunity—raised in defendants’ summary judgment motion … The moving party has the burden of establishing the absence of a genuine issue of Page 7 – OPINION AND ORDER material fact. Celotex Corp. v.

Levey v. Commissioner of Social Security

District Court, D. Oregon · Mar 17, 2020

The regulations, however, clearly state that the ALJ must consider nonmedical “other source” opinions. 20 C.F.R. § 404.1529(c)(3). … Tr. 17-18 (finding Plaintiff’s unsuccessful attempt to return to work part time for five months in 2016 qualified as substantial gainful employment).

Strawn v. Farmers Ins. Co. of Oregon

233 Or. App. 401 · Court of Appeals of Oregon · Jan 27, 2010

a limited number of attorneys willing and able to take on complex, controversial, and high risk employment cases like the one at issue; (2) the evidence showed that the plaintiffs had experienced difficulty in obtaining qualified … Plaintiffs respond that they clearly “preserved” a common fund on appeal.

Index Newspapers LLC v. City of Portland

District Court, D. Oregon · Aug 20, 2020

As further explained by the Ninth Circuit in Collins: It has been clearly established since time immemorial that city streets and sidewalks are public fora. … Conley and another photographer, both clearly identifiable as press, after shining a bright light on them to identify them, and when the person nearest to them was a clearly identified medic standing behind a shield several

Wood v. Honeyman

178 Or. 484 · Oregon Supreme Court · Nov 13, 1945

Showing clearly that Mr. … We are clearly satisfied that this assignment of error possesses no merit.

Gardner v. United States Bureau of Land Management

633 F. Supp. 2d 1212 · District Court, D. Oregon · Jun 15, 2009

Such action by the court would violate clearly established law. See, e.g., Clark, 756 F.2d at 690-92 (Secretary’s not Sierra Club’s interpretation of the phrase “no considerable adverse *1227 effects” controlled). … Finally, “ ‘[w]hen specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more

Marks v. McKENZIE HS FACT-FINDING TEAM

319 Or. 451 · Oregon Supreme Court · Aug 11, 1994

The court wrote: "Clearly, the work now done by IRGs could again be done by the NAMHC [8] if it sat continuously instead of meeting three times a year for about two days each time. … Thus, plaintiffs' complaint can be read to establish that defendant was acting for and on behalf of the District.

Withnell v. Department of Revenue

Oregon Tax Court · Apr 7, 2014

A sporadic activity, a hobby, or an amusement diversion does not qualify.”). … Lora clearly has a passion for her dogs and sheep, and enjoys her small country acreage that she has developed over time by adding a barn, fencing, and other amenities.

Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists

23 F. Supp. 2d 1182 · District Court, D. Oregon · Oct 14, 1998

Moreover, Roy established that the appropriate test for insuring proof of the requisite intent was an objective, speaker-based test. … Accordingly, I decline to depart from established Ninth Circuit law and create a test unique to this.ease. 15 B.

Helbling v. Commissioner Social Security Administration

District Court, D. Oregon · Aug 30, 2023

established by medical evidence.’” … The Ninth Circuit has held that to the extent nurse practitioners “work[] closely with” or are “under the supervision of [a doctor]” their opinions qualify as from an “acceptable medical source.” Taylor v.

McGuire v. Commissioner Social Security Administration

District Court, D. Oregon · Feb 5, 2021

An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan, 493 U.S. at 530 (emphasis in original). … Multiple medical records showed Plaintiff had intact cognition and memory, concentrated, demonstrated normal thought processes, acted alert, spoke clearly, and acted cooperatively.

Central Oregon Landwatch v. Jefferson County

Court of Appeals of Oregon · May 1, 2024

Specifically, as DLCD specifically advised the county, because petitioner’s proposal requested two-acre lots, which qualify as an urban use, OAR 660-004-0040(7), “the county may not approve an exception to Goal 14 based on … The exact nature and extent of the areas found to be irre- vocably committed to urban levels of development shall be clearly set forth in the justification for the exception.