· 4/13/2005
Chase v. Vernam
Citations
- 110 P.3d 128
- 199 Or. App. 129
- 2005 Ore. App. LEXIS 455
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that ORS 659A.885(1) states only that the court “may” award fees to “the prevailing party” but that, “under our case law, a court has discretion to allow attorney fees to a prevailing defendant under ORS 659A.885(1
- indicating that an objection to an attorney fee statement falls within the scope of ORCP 15 D
- reasoning that, under Oregon case law, a court can only award attorney fees to a prevailing defendant under ORS 659A.885(1) when the plaintiff’s claim is brought in bad faith or is unreasonable or unfounded
- such a determination is a legal conclusion subject to review for legal error when challenged
- “[U]nder our case law, a court has discretion to allow attorney fees to a pre- vailing defendant under ORS 659A.885(1) only when the plaintiff’s claim is brought in bad faith or is unreasonable or unfounded.” (Emphasis added.)
Source: CourtListener parenthetical corpus (CC0).
Judges: Haselton, Wollheim, Deits
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.