Lumbermen's v. Dakota Ventures

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that ORCP 12 B did not excuse noncompliance with ORCP 68 C(2) where the defendant “had several earlier opportunities to allege a right to attorney fees but failed to plead that entitlement in either the original answer or the answer to plaintiffs amended complaint”
• purpose of ORCP 68 C(2) is to ensure that opponents are given adequate notice of a party’s intention to seek attorney fees
• “Thus, we look to whether plaintiff was fairly alerted to the fact that attorney fees would be sought [by defendant] and whether the defect in the pleading prejudiced plaintiff.”
• ‘We look to whether plaintiff was fairly alerted to the fact that attorney fees would be sought and whether the defect in the pleading prejudiced plaintiff.”

Source: CourtListener parenthetical corpus (CC0).