Mulier v. Johnson

How courts have described this case

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

• holding that ORCP 12 B cannot excuse the complete failure to allege a request for attorney fees in either a pleading or a motion
• holding that the ORCP 68 C(2) requirement to allege the right to attorney fees in a pleading or in a motion is mandatory
• recognizing ORCP 68 C(2)’s pleading requirement for attorney fees is “mandatory”
• interpreting ORCP 68 C(2)(a) and construing the term “shall” as a command
• “Both terms describe acts that fail to achieve or complete something that a person has attempted to do.”
• court follows template for statutory construction described in PGE v. Bureau of Labor and Industries, 317 Or 606, 859 P2d 1143 (1993), when construing rule of civil procedure

Source: CourtListener parenthetical corpus (CC0).