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13 Oregon opinions name it 2 courts 1899–2023 4 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cook v. Corbettgreen2 sentences2017See Cook v. Corbett, 251 Or 263, 271 , 446 P2d 179 (1968) (rejecting argument that, to be a material violation of the election laws, a false statement had to change the result of the election). 2017See Cook v. Corbett, 251 Or 263, 271 , 446 P2d 179 (1968) (rejecting argument that, to be a material violation of the election laws, a false statement had to change the result of the election). | 1 | 1 |
Cansino v. Employment Divisiongreen2 sentences2010See Cansino v. Employment Div., 126 Or App 572, 577 , 869 P2d 882 , rev den, 319 Or 149 (1994) (procedural deficiency in conduct of hearing does not require reversal unless deficiency impaired fairness of proceeding or correctness of agency action); see also ORS 183.482(7) (remand required for further agency action if “either the fairness of the proceeding or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure”). 2010See Cansino v. Employment Div., 126 Or App 572, 577 , 869 P2d 882 , rev den, 319 Or 149 (1994) (procedural deficiency in conduct of hearing does not require reversal unless deficiency impaired fairness of proceeding or correctness of agency action); see also ORS 183.482(7) (remand required for further agency action if “either the fairness of the proceeding or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure”). | 1 | 1 |
Skeen v. Department of Human Resourcesgreen2 sentences2002The court shall remand the order for further agency action if it finds that either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure.” As the Supreme Court has explained, ORS 183.482(7) “is designed to supplement the agency record regarding irregularities in procedure before the agency that do not appear in the record.” Oregon Health Care Assn. v. Health Div., 329 Or 480, 491 , 992 P2d 434 (1999); see also Skeen v. Dept. of Human Resources, 171 Or App 557 , 562 & n 5, 17 P3d 526 ( 2002The court shall remand the order for further agency action if it finds that either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure.” As the Supreme Court has explained, ORS 183.482(7) “is designed to supplement the agency record regarding irregularities in procedure before the agency that do not appear in the record.” Oregon Health Care Assn. v. Health Div., 329 Or 480, 491 , 992 P2d 434 (1999); see also Skeen v. Dept. of Human Resources, 171 Or App 557 , 562 & n 5, 17 P3d 526 ( | 1 | 1 |
Commonwealth v. Pomphretgreen1 sentence1924“One inquiry always is whether the organization is bona fide a club with limited membership, into which admission cannot be obtained by any person at his pleasure, and in which the property is actually owned in common, with the mutual rights and obligations which belong to such common ownership, under the constitution and rules of the club, or whether either the form of a club has been adopted for other purposes, with the intention and understanding that the mutual rights and obligations of the members shall not be such as the organization purports to create, or a mere name has been assumed wi | 1 | 1 |
Oregon Home Builders v. Crowleygreen2 sentences1923We think, taking the agreement by its four corners in connection with the letter, it is clear that both parties assented to the contract and became bound by the plain terms and conditions thereof: Oregon Home Builders v. Crowley, 87 Or. 517, 533 ( 170 Pac. 718 , 171 Pac. 214 ). 1923We think, taking the agreement by its four corners in connection with the letter, it is clear that both parties assented to the contract and became bound by the plain terms and conditions thereof: Oregon Home Builders v. Crowley, 87 Or. 517, 533 ( 170 Pac. 718 , 171 Pac. 214 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
KKMH Properties, LLC v. Shire
green
2 sentences2023Cite as 326 Or App 1 (2023) 3 “(4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, pay- ment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the desig- nated date. 2023Cite as 326 Or App 1 (2023) 3 “(4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, pay- ment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the desig- nated date. | 2 | 2023–2023 |
Gleason v. Oregon Racing Commission
green
2 sentences2023Gleason, 233 Or App at 169 ; see also ORS 183.482(7) (authorizing remand for further agency action if “either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure”). 2023Gleason, 233 Or App at 169 ; see also ORS 183.482(7) (authorizing remand for further agency action if “either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure”). | 2 | 2023–2023 |
Oregon Health Care Ass'n v. Health Division
green
2 sentences2020The court shall remand the order for further agency action if the court finds that either the fairness of the proceedings or the correctness of the action may have 120 Kerr v. Board of Psychologist Examiners been impaired by a material error in procedure or a failure to follow prescribed procedure * * *.” (Emphases added.) That statute “is designed to supplement the agency record regarding irregularities in procedure before the agency that do not appear in the record.” Oregon Health Care Assn. v. Health Div., 329 Or 480, 491 , 992 P2d 434 (1999). 2020The court shall remand the order for further agency action if the court finds that either the fairness of the proceedings or the correctness of the action may have 120 Kerr v. Board of Psychologist Examiners been impaired by a material error in procedure or a failure to follow prescribed procedure * * *.” (Emphases added.) That statute “is designed to supplement the agency record regarding irregularities in procedure before the agency that do not appear in the record.” Oregon Health Care Assn. v. Health Div., 329 Or 480, 491 , 992 P2d 434 (1999). | 2 | 2002–2020 |
Opp v. Employment Department & Youssef, Inc.
green
2 sentences2011Claimant sought reconsideration, which the board denied because claimant “failed to identify a material error of fact or law.” This case is materially indistinguishable from Opp v. Employment Dept., 242 Or App 673 , 259 P3d 15 (2011). 2011Claimant sought reconsideration, which the board denied because claimant “failed to identify a material error of fact or law.” This case is materially indistinguishable from Opp v. Employment Dept., 242 Or App 673 , 259 P3d 15 (2011). | 1 | 2011–2011 |
Caron v. Oregon State Penitentiary
neutral
1 sentence1996The sentence at 141 Or App at 353 , “[u]nder these circumstances, the abuse of discretion requires reversal!,]5” is amended to read: “Under these circumstances, the fairness of the proceeding was ‘impaired by a material error in procedure’ by the hearings officer’s decision and requires a remand for further agency action. | 1 | 1996–1996 |
Howard v. East Tenn., Va. & Ga. Railroad
green
1 sentence1899Co., 91 Ala. 268 ( 8 South. 868 ), plaintiff was employed by defendant as its land agent, at a stated salary per month, to perform certain service, under an agreement which contained no stipulation for the continuance of the employment for any definite period, and, having been discharged, he brought an action to recover the damage alleged to have been sustained; but the trial court, having sustained a demurrer to the complaint, rendered judgment against him, in affirming which Mr. Justice Coleman, speaking for the court, says : “The material inquiry is whether the contract as stated is not voi | 1 | 1899–1899 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.