Case law

Jones-Jordan v. Commissioner Social Security Administration

District Court, D. Oregon · Feb 5, 2020

Because he did not establish presumptive disability at step three, the ALJ continued to evaluate how plaintiff’s impairments affected his ability to work. … Lake’s opinion or incorporate her assessed limitations into the RFC, even though, as one of the few mental health specialists who examined plaintiff, her report clearly qualifies as both relevant and probative.

Ayers v. Life Insurance Co. of North America

869 F. Supp. 2d 1248 · District Court, D. Oregon · Apr 19, 2012

Analysis Because the Policy defines disability broadly as any impairment that prevents an employee from “performing] all the material duties of his or her regular occupation,” the issue before the Court is not whether Ayers qualifies … Accordingly, LINA argues that both it and Allsup “clearly had an incentive to do what [they] could to help [Ayers’] SSDI claim succeed.” Id. at 9-10 .

Robles v. Department of Revenue

Oregon Tax Court · Jul 6, 2012

However, Plaintiffs provided substantiation including receipts for Hugo‘s lodging and meals (establishing the dates and amounts of expenditures) and Hugo‘s credible testimony (establishing the business purpose of expenditures … Some receipts do not state a location and do not clearly relate to any of Hugo‘s business trips. (Id. at 58, 68, and 81.)

Adelsperger v. Elkside Development LLC

373 Or. 621 · Oregon Supreme Court · May 1, 2025

Elkside Development LLC found the facts necessary to establish the elements of [the] cause of action”); see also Summerfield v. … for the issuance of “[r]estraining orders, temporary injunctions or other actions as the court deems proper, including the acceptance of satisfactory performance bonds, the creation of receiverships, the appointment of qualified

Gililland v. Southwestern Oregon Community College District

District Court, D. Oregon · Dec 3, 2021

to establish her breach of contract claim; and (3) Plaintiff has presented sufficient evidence to establish her IIED claim. … The party seeking spoliation sanctions bears the burden of establishing each element. Id.

Precision Conversions, LLC, an Oregon company, and 321 Precision Conversions, LLC, an Oregon company v. Mammoth Freighters, LLC, a Delaware company, William J. Wagner, an individual, and Wagner Aeronautical, Inc., a California corporation

District Court, D. Oregon · Mar 12, 2026

Precision alleges, encompasses all of the information generated over the many years it took to develop the 757 conversion program and obtain the STC—“tens of thousands of pages of documents [and] testing data generated in qualifying … when the complaint did not raise factual issues requiring discovery to resolve); Wood, 644 F.2d at 801 (acknowledging appropriateness of discovery stay where dispositive motions raise issues of jurisdiction, venue, or immunity

Morales Jimenez v. Noem

District Court, D. Oregon · Aug 22, 2025

“Exhaustion is futile where continuing administrative proceedings would clearly be of no avail, . . . where there is “certainty of an adverse decision,” . . . or where there is “undisputed evidence of administrative bias … (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

State v. Howard

325 Or. App. 696 · Court of Appeals of Oregon · May 3, 2023

The state did not present any evidence that defendant’s conduct had any physical effect on N’s corpse, let alone an effect that would qualify as physical mistreatment. … However, defen- dant was convicted by unanimous verdicts, as established by a jury poll, so the instructional error was harmless. See State v.

Precision Seed Cleaners v. Country Mutual Insurance

976 F. Supp. 2d 1228 · District Court, D. Oregon · Oct 1, 2013

If the meetings were not clearly overlapping, I did not deduct the time. When I found duplication, I awarded the time to the person with the higher billing rate. … Clearly, Millard & Bragg had the familiarity with the case to prepare the attorney fee petition.

United States v. Randall

27 F. Cas. 696 · District Court, D. Oregon · Jan 23, 1869

This court cannot say that in deciding these questions they were clearly wrong, or that they acted contrary to the evidence, and therefore it ought not to disturb their verdict. … It was only offered to qualify the effect of a circumstance- from which, with others, the jury were asked to infer the defendant’s guilt.

Torres v. National Frozen Foods Corporation

District Court, D. Oregon · May 3, 2021

To establish a prima facie claim of discrimination Plaintiff must establish that: 1) she belongs to a protected class; 2) she was qualified for the position; 3) she was subject to an adverse employment action; and 4) similarly … To establish a prima facie claim for whistle blower retaliation under ORS 659A.199, an employee must establish: (1) her involvement in a protected activity; (2) an adverse employment 15 – OPINION AND ORDER

Lucero v. United States of America

District Court, D. Oregon · Mar 31, 2022

Plaintiff alleges he was clearly disfigured with a deviated septum. He was bleeding and had difficulty breathing, and a piece of nasal cartilage fell out of his nose. … “If the case falls within a previously established context, the Bivens remedy is available.” Hoffman v. Preston, --- F.4th ---, 2022 WL 589309 (9th Cir. 2022).

POWERS ET UX. v. Coos Bay Lumber Co.

200 Or. 329 · Oregon Supreme Court · Nov 25, 1953

The record clearly warrants a finding that the road which the defendant built is of significant value to Powers. … Prom the description under consideration the sheriff assisted by a qualified surveyor could very readily locate the lands and the right of way which is excepted in the description of the lands owned by appellees.

Doe v. Trump

District Court, D. Oregon · Nov 26, 2019

Congress established in § 1182(a) “classes of aliens ineligible for visas or admission.” … This qualifies as sufficient irreparable harm. See E. Bay Sanctuary Covenant v. Trump, 354 F. Supp. 3d 1094, 1116 (N.D.

Bowden v. Genie Industries Inc.

District Court, D. Oregon · Jul 28, 2022

Balog testified that during his treatment of Plaintiff, Plaintiff “was clearly not able to work.” Tr. 273. Dr. … records either were not hearsay or qualified for an exception.

Renfro v. Commissioner Social Security Administration

District Court, D. Oregon · Sep 4, 2019

Plaintiff has trouble communicating clearly, although this issue has improved with treatment. Tr. 52. Plaintiff experiences panic in stressful situations, especially when dealing with unfamiliar people. Tr. 53-54. … As previously noted, Plaintiff did volunteer work and established good rapport with her treatment providers. See, e.g, Tr. 453, 456, 460.

Stout Living Trust v. Lane County Assessor

Oregon Tax Court · Jan 18, 2012

Plaintiff has the burden of proof and must establish its case by a preponderance of the evidence. ORS 305.427.3 A “[p]reponderance of the evidence means the greater weight of evidence, the more convincing evidence.” … The court did not receive any evidence clearly identifying how the 2010-11 exception value of $63,950 was determined or whether it included new improvements to the subject property properly added to the 2010-11 maximum

Earle v. Security Savings & Trust Co.

141 Or. 595 · Oregon Supreme Court · Dec 31, 1932

Instead of marrying a man who had succeeded in establishing himself she married a student. … That he had such a delusion and was influenced by it and made a different testamentary disposition of his property because of it, and that he was sane in most, if not all, other respects we think is clearly established by

Pinnacle Architecture, Inc. v. Hiscox, Inc.

District Court, D. Oregon · Jun 14, 2021

relationship arises out of the contact, Plaintiffs’ duty of care and potential liability does not arise out of the contract but is imposed by law and exists because of the nature of the parties’ relationship.3 Lifeways can clearly … claimed problem with the cabinets and woodwork was the result of that kind of breach [breach of a duty to act with due care], or that plaintiff might be liable to the owners in tort for other damage, that might have qualified

DeHart v. Tofte

Court of Appeals of Oregon · Jul 6, 2023

defendant Schwanz’s post “was look- ing for students to share stories and experiences about hav- ing worked with Chair Brown in that capacity” and that that “post’s connection to public school and to public school students clearly … See Neumann, 295 Or App at 344 (defendant’s act of publishing such an opinion online qualified as “conduct in furtherance of * * * the consti- tutional right of free speech” for purposes of ORS 31.150(2)(d), because the right