Norris v. R & T Manufacturing, LLC

Oregon courts adhere to the "American rule" of attorney fees, under which courts generally will not award attorney fees to the prevailing party absent statutory or contractual authorization.

Plaintiff Kenneth Norris ("Norris"), who prevailed at trial on his claim against Defendant R & T Manufacturing under the Uniform Fraudulent Transfer Act (UFTA), ORS 95.200 to 95.310, appealed from a supplemental judgment disallowing his request for attorney fees. Norris was previously awarded a judgment against Action Accessories, LLC (Action), in a statutory wage claim, but was unable to collect on the judgment. Norris brought his claim under UFTA, asserting that property had been transferred from Action to Defendant to avoid Action's debt to Norris. Norris prevailed in his claim against Defendant under UFTA, and the trial court entered judgment that included a monetary award of $64,170. UFTA does not explicitly provide for an award of attorney fees. The UFTA claim could not be awarded under ORCP 68A(1) as a part of fees awarded in the underlying wage claim. Furthermore, ORS 20.075 only applies to an award of attorney's fees when another source of law gives the court discretion to award attorneys fees. Affirmed.