Case law

Wyatt B. v. Kotek

District Court, D. Oregon · Aug 17, 2022

Clearly, this is not the law.” Id. … An expert “must be qualified in the field they will testify about” and “expert in one field is not qualified to provide opinions about a different field.” Jack v. Borg-Warner Morse TEC LLC, CASE NO.

Thompson v. Union Fishermen's Co-Op. Packing Co.

118 Or. 436 · Oregon Supreme Court · Feb 11, 1925

plaintiff was by the County Court of the State of Oregon, for Clatsop County, duly appointed administratrix of the estate of Olga Thompson, deceased, and ever since said date this plaintiff has been and is now the duly qualified … one or the other was a law question to be decided by the court, and in leaving that question to the jury the court admitted evidence both as to facts that would create a liability under the statute and also evidence to establish

Mutzig v. Hope

176 Or. 368 · Oregon Supreme Court · Feb 14, 1945

But any county is clearly the wrong one in *Page 389 which to sue a natural person if it is neither the county of defendant's residence, nor the one in which the defendant can be found at the commencement of the action (unless … other than that in which it has its principal office or place of business, or the cause of action arose, is a personal privilege that may be waived, and that when a corporation is sued in a wrong county the exemption or immunity

Trimmier

District Court, D. Oregon · May 31, 2026

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). … If the employer establishes undue hardship, the analysis is done and summary judgment should be granted. See Peterson, 358 F.3d at 608.

Berra

District Court, D. Oregon · May 31, 2026

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). … If the employer establishes undue hardship, the analysis is done and summary judgment should be granted. Peterson, 358 F.3d at 608.

Evergreen Agricultural Enterprises v. Yamhill County Assessor

Oregon Tax Court · Dec 16, 2011

Plaintiff has the burden of proof and must establish its case by a preponderance of the evidence. ORS 305.427.2 A “[p]reponderance of the evidence means the greater weight of evidence, the more convincing evidence.” … The assessor could therefore reasonably limit the scope of his inspection to discerning whether the information contained in [the] taxpayer‟s records clearly conflicted with the observed circumstances of the

Hunter

District Court, D. Oregon · May 31, 2026

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). … If the employer establishes undue hardship, the analysis is done and summary judgment should be granted. Peterson, 358 F.3d at 608.

Navarrete

District Court, D. Oregon · May 31, 2026

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). … If the employer establishes undue hardship, the analysis is done and summary judgment should be granted. See Peterson, 358 F.3d at 608.

Mater Investment Company v. Benton County Assessor

Oregon Tax Court · Mar 24, 2016

Property Tax Exemption The issue presented is whether the subject property lease to Greenbelt qualifies for property tax exemption under ORS 307.112 for the 2014-15 tax year. … rate data of that property; “(c) Rental rate used in a real market value appraisal for that property; “(d) Rent study of comparable or similar properties. “(9) The savings must be clearly

State v. Hale

252 Or. App. 187 · Court of Appeals of Oregon · Sep 6, 2012

As to the wiretap order, [the codefendants] alleged that evidence gained under that order should be suppressed because the application for the order had relied on evidence gained from the invalid body-wire to establish probable … Harris, 566 F3d 422, 433 (5th Cir 2009), cert den, _US _., 130 S Ct 1687 (2010), the defendant argued that the district court judge who issued the warrant did not qualify as a “neutral and detached” magistrate because “he

Kardell v. Lane County

District Court, D. Oregon · Jul 25, 2019

Because Kardell was incapable of clearly communicating his insights, the Court, HR, and Gardner are left somewhat in the dark here. … A 2.52% prejudgment rate does not qualify as a “windfall” for Kardell.

Koehnke v. Unum Life Insurance Company of America

District Court, D. Oregon · Sep 19, 2025

She argues that she cannot perform the material and substantial duties of her job, or any job for which she is qualified. Plf. Br. at 4. … The review is limited to the evidence before the plan administrator except “when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review.” Mongeluzo v.

Boulton v. Commissioner Social Security Administration

District Court, D. Oregon · Sep 29, 2021

“An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id. … Washington, 350 F.3d 925, 929-30 (9th Cir. 2003) (declining to address an argument not clearly raised in the appellant’s brief).

In Re Complaint as to the Conduct of Marandas

351 Or. 521 · Oregon Supreme Court · Jan 12, 2012

To establish a violation of either rule, the Bar must prove, by clear and 18 convincing evidence, that the accused's statements to the court and parties regarding 19 confidentiality were false, that the accused knew … As discussed below, 19 an attorney may not be disciplined for asserting plausible positions in litigation, assuming 20 that the positions were not asserted for a clearly impermissible purpose.

Kinney v. Uglow

163 Or. 539 · Oregon Supreme Court · Oct 10, 1939

Uglow, named in the will both as executor and as trustee, was appointed and qualified as such executor April 16, 1925. … His account, however, shows that the drug store paid $65 for each of the months of January, February, April and June of that year, and $130 in both July and September, clearly indicating that the rental remained at $65 per

Danielson v. Dept. of Rev.

Oregon Tax Court · Nov 7, 2017

Here, the vehicles for which DCI made purchases at Les Schwab included both “qualified nonpersonal use vehicles” and passenger automobiles. … Plaintiffs did not provide a depreciation schedule or other information sufficient to establish any entitlement to a deduction under IRC section 167.

Tucker v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 22, 2023

The ALJ may pose detailed hypothetical questions to the VE to establish what jobs, if any, the claimant can do. Garrison v. … While the Ninth Circuit has not established a minimum number of jobs that qualifies as “significant” in the national economy, there is a reasonable probability that the ALJ would have decided the fifth step differently

Carter v. Coquille School District 8

District Court, D. Oregon · Oct 31, 2022

To establish a prima facie case of gender discrimination, a plaintiff must show that “(1) he belongs to a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action; and ( … Indeed, the school board’s discussions during its executive session clearly demonstrate that it was not basing its decision to terminate Plaintiff solely on her failure to make mandatory reports.

Shelter Forest International Acquisition, Inc. v. COSCO Shipping (USA) Inc.

District Court, D. Oregon · Jan 6, 2021

M/V Capitan Constante, 790 F.2d 280, 281-82 (2d Cir. 1986) (clause calling for freight “to be payable without discount on delivery . . . clearly expressed [the parties’] intent [that the shipper] would not be able to evade … engaged in unwise “hardball-type business decisions”); Yang Ming, 259 F.3d at 1093 (carrier entitled to demurrage under its tariff from when free time lapsed until the cargo was abandoned; the following period did not qualify

Danielson v. Dept. of Rev.

Oregon Tax Court · Nov 7, 2017

Here, the vehicles for which DCI made purchases at Les Schwab included both “qualified nonpersonal use vehicles” and passenger automobiles. … Plaintiffs did not provide a depreciation schedule or other information sufficient to establish any entitlement to a deduction under IRC section 167.