Tim (littlebluedog) wrote,
Tim
littlebluedog

two words:

PRE. VAILED.

Prayer for costs and disbursements: granted.
Prayer for enhanced prevailing party fee: granted (smaller award than I thought just, but ain't complainin').
Prayer for attorney fees: withheld.

Bit of a question mark with that last point. Judge was prepared to deny my request for attorney fees, but after I argued a bit, agreed to take another look and re-think.

Deal is, Plaintiff sued for breach of contract under ORS 20.082, which provides for "reasonable attorney fees to the prevailing party on any claim based on contract." I managed to get the case dismissed before the validity of the contract claim was adjudicated. As such, the judge's interpretation of this statute predicates recovery of attorney fees upon considering the contract claim.

I think this is a fair interpretation, but ultimately not the correct one. I had found some Oregon Supreme Court precedent saying so, but unfortunately it wasn't clear in those cases what statute was being considered ... so I need to do a bit more research. The reason for this is to assess the possibility that she'll come back and deliver a judgment granting or denying my attorney fees, because in the interim, I would like to settle with the plaintiff and have this OVER.

Meantime: yee-haw.
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