Case law

State v. Johnson

Court of Appeals of Oregon · Dec 20, 2023

On appeal, we con- cluded that the defendant had clearly sought to invoke his right of self-representation and that the trial court erred, because “rather than establishing that defendant’s waiver was knowing and intelligent … Mansor, 363 Or 185, 421 P3d 323 (2018), established new standards for warranted searches of com- puters.

Student

District Court, D. Oregon · Aug 12, 2026

Under a strict textual interpretation, possibly any length of “removal” would qualify. … Third, Student’s effect on teachers and students in the regular classroom is clearly deleterious.

Hunter v. FedEx

District Court, D. Oregon · Nov 9, 2023

To establish a prima facie case for gender discrimination, a plaintiff must show: (1) he or she belongs to a protected class; (2) he or she qualified for his or her position or was performing according to his … She states that FedEx’s purported legitimate discriminatory reason for terminating her employment was “simply a guise to cover for what is clearly age discrimination.” ECF 22 at 13.

Northwest Environmental Advocates v. United States Environmental Protection Agency

District Court, D. Oregon · Aug 20, 2024

EPA argues that the demonstratives do not qualify as summaries under Federal Rule of Evidence 1006 and that they are not accurate summaries or charts. EPA Mot. 35. … The Ninth Circuit held that because California had completed some TMDLs and established a schedule for completing the rest, the state had not “clearly and unambiguously decided not to submit any TMDL[s].”

State v. Branch

Oregon Supreme Court · Jan 19, 2018

Clemente-Perez, 357 Or 745, 754, 359 P3d 232 (2015) (“The doctrine of the last antecedent provides that ‘[r]eferential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent … See Gaines, 346 Or at 171; see also Cloutier, 351 Or at 102 (“The fact of the matter, however, is that the legislative history * * * provides a little something for everyone and does not clearly resolve the mat- ter one way

PETERS v. McKAY

195 Or. 412 · Oregon Supreme Court · Nov 14, 1951

From 11 December 1941 to 8 May 1945, that is, from the commencement of war between the United States and Germany until the liberation of The Netherlands, the running of the statutory period was clearly suspended. … legal title of the state to escheated property can be divested only in the mode and by the persons designated by law, and that no person can take advantage of a statute protecting the rights of heirs unless he was a legally qualified

Hall v. City of Portland

District Court, D. Oregon · Aug 22, 2022

Second, the plaintiff must establish that the injury they suffered was foreseeable. Martinez, 943 F.3d at 1271. … But DeShaney has clearly foreclosed these claims.”).

State v. Branch

Oregon Supreme Court · Jan 19, 2018

Clemente-Perez, 357 Or 745, 754, 359 P3d 232 (2015) (“The doctrine of the last antecedent provides that ‘[r]eferential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent … See Gaines, 346 Or at 171; see also Cloutier, 351 Or at 102 (“The fact of the matter, however, is that the legislative history * * * provides a little something for everyone and does not clearly resolve the mat- ter one way

State v. Branch

Oregon Supreme Court · Jan 19, 2018

Clemente-Perez, 357 Or 745, 754, 359 P3d 232 (2015) (“The doctrine of the last antecedent provides that ‘[r]eferential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent … See Gaines, 346 Or at 171; see also Cloutier, 351 Or at 102 (“The fact of the matter, however, is that the legislative history * * * provides a little something for everyone and does not clearly resolve the mat- ter one way

Meza Mendoza v. Commissioner Social Security Administration

District Court, D. Oregon · Aug 28, 2020

‘“Substantial evidence’ means ‘more than a mere scintilla but less than a preponderance,’ or more clearly stated, ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” … See SSR 96–8p; Carmickle, 533 F.3d at 1161–62 (holding that when the record does not establish that the claimant held himself out for full-time work, receipt of unemployment benefits is not a basis for discrediting his

Brunn v. Commissioner Social Security Administration

District Court, D. Oregon · Nov 12, 2020

The ALJ did not clearly state how Dr. … This error, on its own, would require further fact finding regarding whether there are jobs available in the national economy for which she is qualified.

Shita v. Taylor

District Court, D. Oregon · Feb 14, 2025

Therefore, plaintiff must establish that diversity jurisdiction exists. However, plaintiff alleges that both he and defendant reside in Oregon. Am. Compl. ¶¶ 6-7. … A court may issue an ex parte temporary restraining order without notice to the adverse party only if "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or

Sim

District Court, D. Oregon · Oct 14, 2025

Corbett’s opinion did not qualify as a medical opinion. (See Pl.’s Reply at 2, ECF No. 16.) … [The] neuropsychological examination and opinion is a medical opinion, and clearly relevant to Plaintiff’s mental functional abilities.” (first citing 20 C.F.R. § 416.920(3); then citing 20 C.F.R.

Burge ex rel. Burge v. Colton School District 53

100 F. Supp. 3d 1057 · District Court, D. Oregon · Apr 17, 2015

Granting discretion to the employee does not automatically immunize the municipal entity from a § 1983 claim. Therefore, CSD’s motion for summary judgment based on Monell should be denied. II. … Given the comments responding to his post, the answer is clearly no. See Watts v.

Hall v. Risley and Heikkila

188 Or. 69 · Oregon Supreme Court · Nov 30, 1949

However, it appears to be undisputed that the building in question did not qualify under the Housing And Other Codes And Ordinances for use as a single family dwelling. … Steinway Sons , supra, is clearly distinguishable from the case at bar.

Dickerson v. City of Portland

District Court, D. Oregon · Dec 16, 2020

Grant, 796 F.2d 288, 290 (9th Cir. 1986) (holding that “a police officer has immunity if he arrests with probable cause”); Cabrera v. … “It is well-established that a ‘person may not be arrested, or must be released from arrest, if previously established probable cause has dissipated.’” Nicholson v.

Colby v. City of Medford

85 Or. 485 · Oregon Supreme Court · Sep 19, 1917

After being signed by more than the required number of qualified electors, the petition was regularly filed with the recorder of the city on December 19, 1916. … The established rule is that every contract embraces and includes all those laws which exist at the time and place where the contract is executed and where it is to be performed, and affect the validity, construction, discharge

Basl v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 24, 2021

Here, for example, Plaintiff told one examiner that he “frequently rides a skateboard,” and then later qualified his statement to “days he is not too unbalanced to do so.” Tr. 432. … It is well-established that an ALJ must consider testimony from lay witnesses submitted on behalf of a claimant. 20 C.F.R. §§ 416.929(c)(3), 416.945(a)(3).

Beber v. Commissioner Social Security Administration

District Court, D. Oregon · Nov 12, 2019

Redner also found Plaintiff's "psychotic symptoms, attentional problems, and behavioral disturbances clearly began long before any substance abuse." Tr. 801. … and the objectives of the credit-as-true rule foreclose the argument that a remand for the purposes of allowing the ALJ to have a mulligan qualifies

In Re Farmers Insurance Exchange Claims Representatives' Overtime Pay Litigation

336 F. Supp. 2d 1077 · District Court, D. Oregon · Feb 26, 2004

The CR must evaluate all other coverage issues, however, such as whether the cause of loss is covered or excluded under the policy, whether a person qualifies as an “insured” under the policy, whether the subject of the loss … The evidence clearly demonstrated that FIE management and supervisors largely ignored any enforcement of this “policy.”