Case law

Brandrup v. Starkey

30 F. Supp. 2d 1279 · District Court, D. Oregon · Sep 8, 1998

Accordingly, respondeat superior is not established and summary judgment is granted for Lattice as to Brandrup’s IIED claim. 6 B. … I qualify this statement with the acknowledgment that Title VII liability extends only to employers and not employees. Miller v.

Alaska Airlines, Inc. v. Dept. of Rev.

Oregon Tax Court · Dec 30, 2021

Irregular email exchanges and telephone conversations with an appraiser do not clearly fit within the timeline described in the statute. … Plaintiffs’ discussions with Defendant’s appraisers do not qualify as a conference under the statute. B.

Forelaws on Board v. Energy Facility Siting Council

306 Or. 205 · Oregon Supreme Court · Jul 26, 1988

These measurements are clearly unrepresentative of annual averages. EFSC’s findings regarding moisture content are not unreasonable in light of the record before it. B. … It is also not clear that an auditor’s study does not qualify as an *229 “independent study.” In any event, the provision by its own terms does not mandate an independent investigation of TWCA’s site by EFSC itself.

Gibson v. Schmidt

District Court, D. Oregon · Feb 26, 2021

The state court proceedings here clearly implicate important state interests. Plaintiffs are charged in Oregon state courts with violating an Oregon criminal statute. See Gilbertson v. … Second, even if this Court were to apply the broader interpretation of the bad faith exception urged by Plaintiffs, this case would still not qualify.

Ahern v. Gaussoin

611 F. Supp. 1465 · District Court, D. Oregon · May 10, 1985

Those cases are clearly distinguishable because the attorney defendants in those eases were also directors and thus specifically subject to section 11. … Fisher’s remarks, whatever else one may say about them, do not qualify as a solicitation or the sort of “substantial participation” necessary to incur liability under section 12.

Kim v. Beaverton School District 48J

District Court, D. Oregon · May 28, 2021

concentrating, thinking, writing, communicating, interacting with others, and working; and (ii) The operation of a major bodily function, such as the functions of the immune … “[T]he IDEA establishes formal procedures for resolving disputes” between parents and school officials concerning a child’s IEP. Id.

Wheels Financial Group LLC v. Stolfi

District Court, D. Oregon · Jan 7, 2025

Accordingly, “[w]here vital state interests are involved, a federal court should abstain ‘unless state law clearly bars the interposition of the constitutional claims.’” Lebbos v. … Plaintiffs are correct that, in the preliminary injunction context, courts have recognized that monetary injury is irreparable when sovereign immunity would bar a plaintiff from recovering money damages from a defendant

Smith v. Columbia County

216 Or. 662 · Oregon Supreme Court · Jun 17, 1959

At this juncture, we should clearly point out that we are not here concerned with the actual administration of the law, since there is no issue on that, but only with the question of constitutionality. … Applying the law as above stated to the facts of the instant case, we hold that the classification established by the legislature to be reasonable and not arbitrary.

State v. Thorp

166 Or. App. 564 · Court of Appeals of Oregon · Apr 19, 2000

Here, it established a defense for persons less than three years older than the victim, not three years and 10 days. … Thus, at the time of the crime, defendant had no juvenile adjudications that would qualify as "criminal history" as that term is generally used in the context of sentencing. [5] The lead opinion's treatment of the first Solem

State v. Quinn

293 Or. 383 · Oregon Supreme Court · Jan 20, 1981

The stop and arrest of defendant on February 10 were clearly based on probable cause to believe that he had committed a crime, whether the crime be one of the traffic offenses, State v. … In response to that problem, the Court of Appeals was established on July 1, 1969.

State v. Ofodrinwa

353 Or. 507 · Oregon Supreme Court · Apr 25, 2013

At trial, the state relied primarily on defendant’s statements to the officer to establish that defendant had engaged in sexual intercourse with the victim. … The 1971 Criminal Code and the cases that preceded it clearly point in favor of the state’s interpretation of the phrase “does not consent.”

O'Connor v. Dept. of Rev.

Oregon Tax Court · Nov 14, 2018

Clearly, some of the items are for both business and personal use. O’Connor offered no evidence upon which the court could allocate between personal and business use. … Comm’r, 111 TCM (CCH) 1087, 2016 WL 626043 at *3 (shirts embroidered with employer’s logo “might qualify for deduction as a uniform”); Mortrud v.

Green v. Miss United States of America, LLC

District Court, D. Oregon · Apr 8, 2021

A party seeking summary judgment bears the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … Green from its beauty pageant qualifies as “expressive conduct” under the Spence test. Therefore, the next step is to apply O’Brien. B.

Couey v. Atkins

357 Or. 460 · Oregon Supreme Court · Jul 16, 2015

Because the court ultimately concluded that plaintiff did not qualify for review under that statute, it did not need to reach that issue. Id. II. ANALYSIS A.  Is plaintiff’s action moot? … Second, there are cases in which the analysis that does exist was clearly incorrect—that is, it finds no support in the text or the history of the relevant 486 Couey v.

Lamka v. Dept. of Rev.

Oregon Tax Court · Apr 10, 2018

Adjusted Gross Income Taxpayers must keep records sufficient to establish the income, deductions, credits, and other items shown on their returns. Treas Reg § 1.6001–1(a); Brenner v. Dept. of Rev. … Where the taxpayer does not provide books clearly reflecting income, the department may demonstrate unreported income “by any practicable proof that is available in the circumstances of the particular situation.”

Clark v. Wells Fargo Bank

District Court, D. Oregon · Mar 31, 2021

Section 1983 Claims 42 U.S.C. § 1983 provides a cause of action for the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of … Plaintiff contends that “[m]otions to dismiss based on FRCP 12(b)(6) are clearly not appropriate to the factual basis and evidence in this case[,]” especially after reviewing “Docket 56,” plaintiff’s request for judicial

Marnon v. Vaughan Motor Co., Inc.

184 Or. 103 · Oregon Supreme Court · Nov 14, 1947

The argument supporting it was stated very clearly by counsel for the plaintiff during the course of the taking of testimony on the accounting. … Whether they do this is a question of interpretation, except as this rule is qualified by the rule stated in § 223." See, also, Krause v.

Lemus v. Timberland Apartments, L.L.C.

876 F. Supp. 2d 1169 · District Court, D. Oregon · Jun 19, 2012

May, 111 F.3d 633 (9th Cir.1997), the case establishing the relevant standard for joint employment that this court applied in its merits analysis. (Dale Deck, # 106, ¶ 5.) … Thus, Section 653.055(4) is clearly applicable to defendants' request for attorney fees. .

Jensen v. Costco Wholesale Corporation

District Court, D. Oregon · Jul 22, 2024

It provides that a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert's scientific, technical, or other … In Plaintiff’s response, he concedes that he had some inability to clearly recall facts regarding the event. Plf. Resp. at 9. It is that shaky recollection Dr.

United States v. Yetisen

District Court, D. Oregon · Aug 22, 2022

Therefore, when a court determines that a person does not qualify for citizenship, it has no equitable discretion “to ignore the defect and grant citizenship.” Fedorenko v. … No binding precedent clearly defines whether federal courts lack of discretion to confer citizenship precludes equitable defenses in denaturalization cases.