Case law

B.N.

District Court, D. Oregon · Nov 12, 2025

These first two pages are clearly public-facing portions of ORM’s website, and queries on those two pages do not constitute PHI. … This does not establish, however, that LinkedIn found out that Plaintiff was seeking IVF treatment through ORM rather than any other source.

Myers

District Court, D. Oregon · Apr 17, 2026

Parham does not establish the sweeping parental liberty interest that plaintiff urges this Court to find here. … This standard is clearly satisfied here.

Wilkins v. Brandman University

District Court, D. Oregon · Aug 5, 2019

This was clearly a lack of direction on my AD[‘s] part, which has been placed on the final warning. … member of a protected class; (2) he was qualified for his position and performing satisfactorily; (3) he experienced an adverse employment action, and (4

Allen v. Commissioner Social Security Administration

District Court, D. Oregon · Dec 16, 2020

The ALJ clearly erred in his assessment of the medical evidence, overlooking nearly a dozen reports related to head, neck, and back pain.”). 2. Dr. … Ninth Circuit “precedent and the objectives of the credit-as-true rule foreclose the argument that a remand for the purpose of allowing the ALJ to have a mulligan qualifies as a remand for a ‘useful purpose’ under the first

Berra v. PeaceHealth

District Court, D. Oregon · May 14, 2025

Sorema N.A., 534 U.S. 506, 511 (2002) for the proposition that “it is not appropriate to require a plaintiff to plead facts establishing a prima facie case because the McDonnell Douglas framework does not apply in every … Defense council again explained that “the complaints clearly only allege failure-to-accommodate claims and that the parties had been operating with that understanding since the inception of the cases.” Def.

Trimmier v. PeaceHealth

District Court, D. Oregon · May 14, 2025

Sorema N.A., 534 U.S. 506, 511 (2002) for the proposition that “it is not appropriate to require a plaintiff to plead facts establishing a prima facie case because the McDonnell Douglas framework does not apply in every … Defense council again explained that “the complaints clearly only allege failure-to-accommodate claims and that the parties had been operating with that understanding since the inception of the cases.” Def.

Hunter v. PeaceHealth

District Court, D. Oregon · May 14, 2025

Sorema N.A., 534 U.S. 506, 511 (2002) for the proposition that “it is not appropriate to require a plaintiff to plead facts establishing a prima facie case because the McDonnell Douglas framework does not apply in every … Defense council again explained that “the complaints clearly only allege failure-to-accommodate claims and that the parties had been operating with that understanding since the inception of the cases.” Def.

Navarette v. PeaceHealth

District Court, D. Oregon · May 14, 2025

Sorema N.A., 534 U.S. 506, 511 (2002) for the proposition that “it is not appropriate to require a plaintiff to plead facts establishing a prima facie case because the McDonnell Douglas framework does not apply in every … Defense council again explained that “the complaints clearly only allege failure-to-accommodate claims and that the parties had been operating with that understanding since the inception of the cases.” Def.

International Brotherhood of Electrical Workers Local 48 v. Rosendin Electric, Inc.

District Court, D. Oregon · Jun 12, 2023

These two paragraphs establish that Plaintiff is alleging that the metal strut racks fall under core drilling or metal fabrication under the CBA. … The court held that “on its face” the letter qualified as a settlement communication. Id.

Van Metre v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 7, 2023

Kijakazi, 32 F.4th 785, 792 (9th Cir. 2022) (“The revised social security regulations are clearly irreconcilable with our caselaw according special deference to the opinions of treating and examining physicians on account … First, Plaintiff argues that medical providers’ treatment notes establish that Plaintiff meets all the required elements of Paragraph A.

Level 3 Communications LLC III v. Dept. of Rev.

23 Or. Tax 440 · Oregon Tax Court · Oct 25, 2019

The former was generally considered an intangible right inseparable from the company itself, and the latter clearly was. … ORS 308.555 clearly authorizes the department to “value the entire property, both within and without the State of Oregon, as a unit.” (Emphasis added.)

Garcia v. Jones

District Court, D. Oregon · Jul 14, 2022

To have a constitutional right to a benefit a “person clearly must have more than an abstract need or desire and more than a unilateral expectation of it.” Town of Castle Rock, Colo. v. … The fact that a pro se litigant would be better served with the assistance of counsel does not necessarily qualify Plaintiff to be appointed pro bono counsel.

Corvallis Hospitality, LLC v. Wilmington Trust, National Association as Trustee for the Benefit of the Holders of LCCM 2017-LC26 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2017-LC26; Midland Loan Services, Inc.; Beacon Default Management, Inc.; and K-Star Asset Management, LLC

District Court, D. Oregon · Jun 5, 2026

The Court recognizes Jenner & Block has a remarkable reputation internationally and that it staffed highly qualified, credentialed, and experienced attorneys on this matter. … Section 2.4.3 clearly states prepayment after default triggers a yield maintenance premium. Furay Decl. Ex. 1, at 10.

LRY, LLC v. Lake County

District Court, D. Oregon · Oct 27, 2021

On November 3, 2010, LRY and the County amended the Lease to extend the term of the Lease through December 31, 2035, in order to qualify for grants from the State of Oregon. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Thompson v. Commissioner Social Security Administration

District Court, D. Oregon · Feb 10, 2025

treatment, and evidence that his conditions were managed with medication.”). /// First, although the ALJ clearly … and testimony that she rejected for legally insufficient reasons, our precedent and the objectives of the credit-as-true rule foreclose the argument that a remand for the purpose of allowing the ALJ to have a mulligan qualifies

Foraker v. USAA Casualty Insurance Company

District Court, D. Oregon · Apr 20, 2020

See RESTATEMENT (SECOND) OF CONTRACTS § 352 (“Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.”). B. … Specifically, Judge Brown found at Phase I: In addition, although it is clearly plausible Ms.

Peterson v. Cascadia Senior Living, LLC

District Court, D. Oregon · Jun 2, 2023

I suppose I could have handled that better as clearly we both knew it wasn’t fine. However, Helen is supposed to be my leader. … FCL does not dispute the first two elements, or that plaintiff’s termination qualifies as an adverse employment action.

Hood River County School District v. Student

District Court, D. Oregon · Jul 1, 2021

The IEP is a written statement, prepared at a meeting of qualified representatives of the local educational agency, the child’s teacher, parent(s), and, where appropriate, the child (the IEP team). … In evaluating remedies, the ALJ concluded that although the District failed to provide Student a FAPE throughout the period at issue, the record did not clearly establish a compensable, or calculable, loss for the violations

Davidson v. Dept. of Rev.

Oregon Tax Court · Sep 27, 2023

Part of the computation of the estimate the auditor made using county tax records was clearly in error because the date of assessment for the 2014-15 tax year is, by statute, January 1, 2014; meaning, the increase in value … Earned income credit (EIC) Defendant denied Plaintiffs’ 2015 deduction for EIC, in the amount of $289, on the basis that adjustments to their income rendered them no-longer-qualified for the credit under IRC section

Mercado v. Cardinal Employers Organization, Inc.

District Court, D. Oregon · Feb 2, 2022

June 30, 2017) (declining to find unconscionable an arbitration agreement in an employment contract, where a plaintiff was “a sophisticated, highly- qualified applicant who was offered an executive-level position as Vice … The court noted that severing those provisions “in the face of well-established legal precedent and arbitration rules rendering them unenforceable … would encourage employers to retain such provisions in order to persuade