Case law

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

Tokyo Ohka Kogyo America, Inc. v. Huntsman Propylene Oxide LLC

35 F. Supp. 3d 1316 · District Court, D. Oregon · Aug 8, 2014

If the parties intend the term to describe the sole remedy under the contract, this must be clearly expressed. 3. … Section 2-302(1) is a broad provision establishing the test for considering whether any clause in a contract is unconscionable.

Kononen

District Court, D. Oregon · Oct 20, 2025

“‘[S]tray’ remarks are insufficient to establish discrimination,” but “[c]omments suggesting that the employer may have considered impermissible factors are clearly relevant to a disparate treatment claim.” Merrick v. … As above, these disparate treatment claims can be established via the McDonnell Douglas framework.

Maney v. Brown

District Court, D. Oregon · Jun 1, 2020

Currently there is no vaccine or cure for the virus, and no one is immune. (Stern Decl. ¶ 7.) For now, the only way to control the spread of the virus is through preventative strategies, such as social distancing. … A plaintiff requesting a “mandatory injunction” must “establish that the law and facts clearly favor her position, not simply that she is likely to succeed.” Id.

Pharmaceutical Research and Manufacturers of America v. Stolfi

District Court, D. Oregon · Mar 19, 2024

For each claim, PhRMA needs to establish standing. See Friends of the Earth, Inc. v. Laidlaw Env’t Servs. … But this record does not establish anything like the extraterritorial impact at issue in NCAA v.

In re Nike Inc. Securities Litigation

District Court, D. Oregon · Oct 25, 2024

Finally, the Meitav Group argues that the substance of Deka's reply is still insufficient to establish that the prudential exception applies. … However, Gross is clearly distinguishable from the instant case.

State v. King

Oregon Supreme Court · Jul 13, 2017

There was “no discussion during the course of the [Jimenez] trial whether [defendant] would be offered immunity or anything else for his testimony[.]” … Rivers, 283 Conn 713, 726, 931 A2d 185, 193 (2007) (terms of plea agreements should be stated clearly and unambig- uously, so that defendant knows what is expected from him and what to expect in return); State v.

Marcum v. Dept. of Rev.

Oregon Tax Court · Apr 25, 2016

ORS 316.007(1).1 “Any term used in this chapter has the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required … However, a “taxpayer’s costs of commuting to his place of business or employment are personal expenses and do not qualify as deductible expenses.” Treas Reg 1.262-1(b)(5).

West Linn Corporate Park, L.L.C. v. City of West Linn

349 Or. 58 · Oregon Supreme Court · Sep 23, 2010

By the same token, Oregon statute clearly makes a provision for notice to property owners affected by street vacation and gives them an opportunity to be heard and oppose vacation. … ordinance, regulation, custom, or usage, of any State * * * subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Turkoly v. Lincoln National Life Insurance Company

District Court, D. Oregon · Sep 20, 2023

Turkoly was diagnosed by various practitioners with Lyme disease, chronic fatigue syndrome (CFS), fibromyalgia, immune dysfunction syndrome, cognitive impairment, insomnia, photophobia, and headaches, among others. … He also acknowledged that there “are no established laboratory or other diagnostic tests which support either of these diagnoses.” He stated Turkoly met the subjective criteria.

Canales-Robles v. Peters

District Court, D. Oregon · Jun 15, 2020

Accordingly, Lopez-Cervantes did not qualify for the escape clause. (Van Meter Decl. Ex. 102 at 7.) … Despite the general language of “proper and just” PAGE 17 - OPINION AND ORDER relief, the type of relief sought by Plaintiffs in this action is clearly inconsistent with those

Mounce v. Vitt

District Court, D. Oregon · Jan 4, 2024

Because the Court finds that Defendants are entitled to summary judgment on this basis, it does not address Defendants’ alternative arguments relating to evidence of deliberate indifference and the existence of qualified … immunity.

Schmidt v. Harney County Assessor

Oregon Tax Court · Nov 2, 2015

By statute, Plaintiff has the burden of proof and must establish an error in the record assessment by a “preponderance” of the evidence. ORS 305.427. … On the contrary, Defendant’s appraiser clearly indicates that the “effective date of the appraisal” is May 6, 2015. (Def’s Ex A at 1, 7, 41.)

Roberts v. Springfield Utility Board

District Court, D. Oregon · Dec 2, 2021

Cam Hanes was and is not qualified for the position, and did not possess the qualifications of the job. SUB changed the requirements of the qualifications needed just to get him promoted. … to establish a claim under ORS 654.062(5)(a).”

Cole

District Court, D. Oregon · Jun 15, 2026

“An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id. Further, a determination of medical equivalence must rest on objective medical evidence. Lewis v. … Here, the ALJ determined “the evidence [did] not establish all requirements of the paragraph C criteria.” Tr. 18-19.

State v. Davis

295 Or. 227 · Oregon Supreme Court · Jun 29, 1983

The state argues that ORS 131.605(2) should be qualified by reading it as if it said, `A frisk is an external patting of a person's outer clothing or some other type of limited intrusion if it is more reasonable under the … The court has since taken it as established that Laundy adopted the Weeks rule in Oregon to effectuate Oregon Constitution, Article I, Section 9. See State v.

Pearson

District Court, D. Oregon · Dec 19, 2025

The Port also moves to dismiss Plaintiffs’ state law tort claims on immunity grounds, arguing that Plaintiffs have failed to comply with the Oregon Tort Claims Act (“OTCA”). … Because a material must be “discarded” to qualify as solid waste, see id. at 1041, a material might not qualify as a solid waste when it is handled by a re-using consumer but later meet the definition of “solid waste”

State v. Paz

31 Or. App. 851 · Court of Appeals of Oregon · Dec 5, 1977

United States, 308 U.S. 338 , 60 S.Ct. 266 , 84 L.Ed. 307 (1939), the court qualified the rule of Silverthorne by noting that although there might be a causal connection between the "poisoned tree" and the evidence offered … Although he was initially arrested, he was clearly discharged from custody and sent home. He was brought to the station the next day voluntarily. He was not told he was under arrest. No force was placed upon him.

Adelsperger v. Elkside Development LLC

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

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 … At trial, plaintiffs did not clearly identify any theory of an “improper means” through which defendant had acted.

Wagner v. Commissioner, Social Security Administration

District Court, D. Oregon · Jan 18, 2022

Nov. 10, 2020) (unpublished opinion) (finding that the new regulations do not clearly supersede the “specific and legitimate” standard because the “specific and legitimate” standard refers not to … Plaintiff, however, repeatedly qualified her ability to complete those tasks with her persistent pain.