Bova v. City of Medford

Where a trial court ruling awards a plaintiff costs and attorney fees with respect to contempt and age discrimination claims, and the Court of Appeals affirms one of those claims and reverses the other, the award of costs and attorney’s fees should also be reversed with respect to the claim that is reversed.

The City of Medford appealed the trial court's ruling that awarded a now-retired former city employee costs and attorneys fees on contempt and age discrimination claims. The Court held that the trial court's award of fees with resect to the contempt matter was affirmed, because the Court of Appeals affirmed the contempt matter in Bova v. City of Medford, 262 Or App 29, ___ P3d___ (2014) (Bova I). However, the Court of Appeals reversed the trial court for the age discrimination claim in Bova I, therefore the Court also reversed the award of costs and attorneys fees on the age discrimination claim. Award of costs and attorney fees to former city employee on their claim for age discrimination reversed, but affirmed for the their contempt claim.