§Why CasetextPricing

Mitchell et al v. Siemens Wind Power A/S et al

Memorandum in Support, Memorandum in Support.

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,848 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Woodbury v. CH2M Hill, Inc.

    335 Or. 154 (Or. 2003)   Cited 53 times
    Holding the plaintiff's "work involving a risk or danger" was not merely "moving the boards to facilitate disassembly of the platform," but included "requiring plaintiff to work at height during the assembly, use, and disassembly of the platform"

  4. Boothby v. D.R. Johnson Lumber Co.

    341 Or. 35 (Or. 2006)   Cited 22 times
    Holding that independent contractor's status limited owner's duty to contractor's employee

  5. Shahtout v. Emco Garbage Co.

    298 Or. 598 (Or. 1985)   Cited 51 times
    Holding that even where a statute or regulation does not provide a person injured by its violation with a private cause of action for damages, the violation of the statute can be relevant to a plaintiff's common law negligence claim

  6. George v. Myers

    169 Or. App. 472 (Or. Ct. App. 2000)   Cited 22 times
    Finding that the plaintiff did not meet right to control test because there was "no evidence that defendant retained control over the method and manner of [the plaintiff's] performance and, particularly, the risk-producing activity"

  7. Brown v. Boise-Cascade Corp.

    150 Or. App. 391 (Or. Ct. App. 1997)   Cited 25 times
    Holding that the trial court erred in excluding expert opinion testimony regarding the adequacy of lighting in a workplace

  8. Miller v. Georgia-Pacific Corp.

    294 Or. 750 (Or. 1983)   Cited 32 times
    Involving an injury during a quality-control inspection of a tractor blade and holding that the particular work at issue was the "extrication of the blade," rather than the inspection itself

  9. Moe v. Eugene Zurbrugg Construction Co.

    202 Or. App. 577 (Or. Ct. App. 2005)   Cited 6 times
    Concluding that, in a case in which the plaintiff fell from scaffolding while installing ceiling tiles, the “work involving a risk or danger” included requiring the plaintiff to work above open trenches during installation of the ceiling tiles

  10. German v. Murphy

    146 Or. App. 349 (Or. Ct. App. 1997)   Cited 9 times
    Concluding that OSEA's coverage does not extend to indirect employees

  11. Section 654.305 - Protection and safety of persons in hazardous employment generally

    ORS § 654.305   Cited 172 times   1 Legal Analyses
    Imposing heightened standard of care of a person or entity "having charge of, or responsibility for, any work involving a risk or danger"

  12. Section 654.001 - Short title

    ORS § 654.001   Cited 82 times

    ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and 654.991 may be cited as the Oregon Safe Employment Act. ORS 654.001 1973 c.833 §2

  13. Section 654.010 - Employers to furnish safe place of employment

    ORS § 654.010   Cited 27 times   1 Legal Analyses

    Every employer shall furnish employment and a place of employment which are safe and healthful for employees therein, and shall furnish and use such devices and safeguards, and shall adopt and use such practices, means, methods, operations and processes as are reasonably necessary to render such employment and place of employment safe and healthful, and shall do every other thing reasonably necessary to protect the life, safety and health of such employees. ORS 654.010 Amended by 1973 c.833 §5

  14. Section 654.005 - Definitions

    ORS § 654.005   Cited 26 times
    Defining “Employee”

  15. Section 654.015 - Unsafe or unhealthy place of employment prohibited

    ORS § 654.015   Cited 10 times

    No employer or owner shall construct or cause to be constructed or maintained any place of employment that is unsafe or detrimental to health. ORS 654.015 Amended by 1973 c.833 §6

  16. Section 1910.147 - The control of hazardous energy (lockout/tagout)

    29 C.F.R. § 1910.147   Cited 67 times   21 Legal Analyses
    Providing that, with some exceptions, machine-specific procedures must be created

  17. Section 1910.269 - Electric power generation, transmission, and distribution

    29 C.F.R. § 1910.269   Cited 31 times   6 Legal Analyses
    Determining existing conditions