Case law

Stonebrink v. Highland Motors, Inc.

171 Or. 415 · Oregon Supreme Court · Mar 24, 1943

Clearly, there is substantial evidence that plaintiff, in procuring the jack, relied upon the judgment of the *424 seller. … The trial court properly held that Paulson was qualified to testify as an expert.

Bagley v. Mt. Bachelor, Inc.

356 Or. 543 · Oregon Supreme Court · Dec 18, 2014

First, the court observed that the release “clearly and unequivocally” expressed defendant’s intent to disclaim liability for negligence. Id. at 550 Bagley v. Mt.  … Harper, 306 Or 347, 349-50, 759 P2d 253 (1988), the court abolished interspousal immunity, holding ‘that the common-law rule of interspousal immunity is no longer available in this state to bar negligence actions

Douglas v. Pearlstein

District Court, D. Oregon · Sep 29, 2023

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … At minimum, Defendants are entitled to qualified immunity.

Pacific First Federal Savings & Loan Ass'n v. Department of Revenue

8 Or. Tax 466 · Oregon Tax Court · Dec 17, 1980

"The Committee believes that the Advisory Commission on Intergovernmental Relations is eminently qualified to assume this task [of study and preparation of recommendations to Congress] since the Commission members include … Tax Commission, 392 US 339 , 88 S Ct 2173 , 20 L Ed2d 1138 (1968), in which he wrote that the fact that institutions owe their existence to (are chartered by) the federal government must be rejected as a basis for tax immunity

Portland v. Traynor

94 Or. 418 · Oregon Supreme Court · Sep 16, 1919

So that, if an applicant for such consent, being in every way a competent and qualified person, and having complied with every reasonable condition demanded by any public interest, should, failing to obtain the requisite … with reference to plumbing, water supply, ventilation and cleanliness, the bureau of health shall issue to such applicant a food establishment permit.”

In Re McVay

150 B.R. 254 · United States Bankruptcy Court, D. Oregon · Jan 15, 1993

This court agrees that if the property qualifies as the debtors’ homestead under Oregon law, it may also qualify as their “principal residence” for the purpose of § 1322(b)(2). … The debtors are actually using the property as a bed and breakfast establishment for the purpose of generating income. The property clearly has inherent income producing power which the debtors are utilizing.

Friendsview Manor v. State Tax Commission

247 Or. 94 · Oregon Supreme Court · May 17, 1967

We also agree with the Tax Court that, nevertheless, Friendsview does not qualify for the charitable exemption. … The group benefited may be large or small, definite or indefinite in number, but in the benefaction some motive of altruism must clearly shine forth." 220 Or at 506 .

Dean v. Dravis

District Court, D. Oregon · May 20, 2021

Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To determine whether a government actor is entitled to qualified immunity, the court evaluates, in no particular order, whether: (1) the alleged misconduct violated a right; and (2) that right was clearly established at

Klarr v. Heckart

206 Or. 178 · Oregon Supreme Court · Dec 30, 1955

In that ease, the Seattle Association of Credit Men, a foreign corporation which had not qualified to do business in this state, sought to intervene. … Those words clearly indicate that no one is subject to the act unless he is engaged in the business to which it is applicable.

Witham v. McNutt

186 Or. 668 · Oregon Supreme Court · May 25, 1949

Accepting the estimate or guess of the witness Willian *696 that 75 qualified voters failed to vote on the annexation issue, it would appear that there were 540 qualified voters in the area to be annexed. … On the other hand, we think that the preponderance of evidence establishes that the result would not have been changed had there been strict compliance.

State v. Sanchez-Llamas

338 Or. 267 · Oregon Supreme Court · Mar 10, 2005

Defendant contends that subparagraph (l)(b) above clearly creates an individual right of consular access and notification, including a personal and enforceable right to be advised “without delay” of those rights. … Court of Appeals and the judgment of the circuit court are affirmed. 10 1 As we explain more fully later in this opinion, the VCCR is a multilateral treaty that purports to define the functions of a consulate and govern the establishment

State v. Page

197 Or. App. 72 · Court of Appeals of Oregon · Jan 12, 2005

As a prehminary matter, the state maintained at oral argument that the “plain error” rule is superseded or qualified by the doctrine of waiver. … As the United States Supreme Court has stated, “There is a presumption against the waiver of constitutional rights, and for a waiver to be effective, it must be clearly established that there is an intentional relinquishment

Jarvill v. City of Eugene

289 Or. 157 · Oregon Supreme Court · May 28, 1980

The original legislation therefore established a tax court with limited jurisdiction over three fields of taxation. … We agree with the Court of Appeals and the circuit court that the District was validly established.

STATE EX REL. KASHMIR CORP. v. Schmidt

291 Or. 603 · Oregon Supreme Court · Sep 22, 1981

Defendants, by affirmative answer, asserted immunity under ORS 30.265(3) (c), and the question of damages came on for trial on December 17, 1980. … It contends that by deciding that a peremptory writ of mandamus should issue, the trial court had concluded that plaintiff had established its right to recover damages for the delay.

Torres v. Pacific Power and Light

84 Or. App. 412 · Court of Appeals of Oregon · Mar 18, 1987

Clearly, the number of workers to be watched is not *419 evidence of the watcher’s reasonableness in not watching the person who actually gets jolted. … The trial judge clearly erred in not granting plaintiffs motion for a directed verdict. We should be reversing, 1 not affirming.

Larisa's Home Care, LLC v. Nichols-Shields

297 Or. App. 219 · Court of Appeals of Oregon · Apr 24, 2019

For Medicaid-qualified patients, the rates charged by plaintiff were set by DHS. Id . … Defendant also points to plaintiff's contract with DHS, which includes provisions that reflect the administrative rule's requirements. 5 Defendant *616 asserts that "the *224 evidence and authority provided to the trial court clearly

Bourgo v. Canby School District

167 F. Supp. 2d 1173 · District Court, D. Oregon · Mar 21, 2001

Defendant further contends the undisputed facts establish Plaintiff was not a “qualified individual with a disability” protected by the ADA. … The FDAB concluded the district’s dismissal of Plaintiff “was not unreasonable, arbitrary or clearly excessive.”

Schoene v. Oregon Department of Human Services

District Court, D. Oregon · Jan 24, 2025

The issue of qualified immunity, however, is tied to the facts of the given case and when considering qualified immunity “[w]here disputed facts exist,” a court “assum[es] that the version of the material facts asserted … immunity against that claim, unless Defendants withdraw at this time their argument asserting qualified immunity.

Walters v. PSRB

341 Or. App. 41 · Court of Appeals of Oregon · Jun 4, 2025

ORS 161.351(1); ORS 161.346(1)(a);.2 1 Our conclusion that the PSRB failed to establish that petitioner has a quali- fying mental disorder obviates the need to address petitioner’s second assignment of error, arguing … Based on my review of the more recent record those issues that were present at the time have—have clearly resolved and adjust- ment disorder is not a cyclic disorder.

Johnson-Laird, Inc. v. Immigration & Naturalization Service

537 F. Supp. 52 · District Court, D. Oregon · Oct 20, 1981

In September of 1979, Johnson-Laird established “a branch” of this business in the United States, in Portland, Oregon. … qualified to make such transfers under § 101(aX15)(L).