25 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,482 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,533 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,238 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  4. Hanon v. Dataproducts Corp.

    976 F.2d 497 (9th Cir. 1992)   Cited 1,616 times   1 Legal Analyses
    Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"
  5. Leisek v. Brightwood Corp.

    278 F.3d 895 (9th Cir. 2002)   Cited 369 times   1 Legal Analyses
    Holding that the standard on summary judgment is whether the employer "has established as an uncontroverted fact that it would have terminated [the employee] even if he had not been a member of the [military forces]"
  6. State v. Walker

    356 Or. 4 (Or. 2014)   Cited 50 times
    Recognizing that the legislature may choose language that effectuates a broader solution in an effort to more expansively address the specific problem spurring the legislation
  7. Nationstar Mortg., LLC v. Peper

    278 Or. App. 594 (Or. Ct. App. 2016)   Cited 11 times
    Rejecting homeowner's argument that the deed of trust was unenforceable given MERS' wrongful designation as beneficiary thereunder and explaining "the original lender (and any successor) is the beneficiary notwithstanding what the deed of trust purports to designate"
  8. Kambury v. DaimlerChrysler Corp.

    334 Or. 367 (Or. 2002)   Cited 18 times
    Holding a products liability statute of limitations controls over the wrongful death statute of limitations where "the legislature created a remedy for death caused by a particular source, specifically product defects"
  9. State v. Williams

    232 Or. App. 303 (Or. Ct. App. 2009)   Cited 5 times
    Discussing legislative history of ORS 131.135
  10. Warburton v. Harney County

    174 Or. App. 322 (Or. Ct. App. 2001)   Cited 12 times
    In Warburton, we stated that "subsection (1) of ORS 215.283 delineates exceptions to what normally would be allowed in EFU zones" and that "[i]n keeping with [the legislature's intent], the listed nonfarm uses in ORS 215.283(1) should not be expansively interpreted to encompass uses that would subvert the goal of preserving land for agriculture use."
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,129 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 2 - One Form of Action

    Fed. R. Civ. P. 2   Cited 688 times   1 Legal Analyses
    Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity
  13. Section 12.080 - Action on certain contracts or liabilities

    ORS § 12.080   Cited 263 times   1 Legal Analyses
    Providing a six-year statute of limitations for breach of contract
  14. Section 30.020 - Action for wrongful death; when commenced; damages

    ORS § 30.020   Cited 208 times
    Surviving parents' remedy
  15. Section 12.020 - When action deemed begun

    ORS § 12.020   Cited 147 times
    Stating an action is deemed commenced when filed and served on the defendant
  16. Section 12.010 - Time of commencing actions

    ORS § 12.010   Cited 129 times
    Compiling section 7, as amended by SB 813
  17. Section 71.2010 - General definitions

    ORS § 71.2010   Cited 118 times
    Defining a security interest as "an interest in personal property or fixtures which secures payment or performance of an obligation"
  18. Section 86.752 - Foreclosure by advertisement and sale

    ORS § 86.752   Cited 26 times
    Renumbering of § 86.735
  19. Section 73.0301 - Person entitled to enforce instrument

    ORS § 73.0301   Cited 23 times

    "Person entitled to enforce" an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument pursuant to ORS 73.0309 or 73.0418(4). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. ORS 73.0301 1993 c.545 §30

  20. Section 88.110 - Duration of real property mortgage lien; when suit for foreclosure barred

    ORS § 88.110   Cited 11 times

    Except as provided in ORS 88.120, no mortgage upon real property shall be a lien upon such property after the expiration of 10 years from the later of the date of maturity of the mortgage debt, the expiration of the term of the mortgage debt or the date to which the payment thereof has been extended by agreement of record; and after such 10 years the mortgage shall be conclusively presumed paid and discharged, and no suit shall be maintainable for its foreclosure. If neither the date of maturity