Jones v. Four Corners Rod and Gun Club

Under ORS 20.077, a court must determine the prevailing party on a claim-by-claim basis. The prevailing party is entitled to attorney fees under ORS 653.055(4) or ORS 652.200(2).

Petitioner appealed judgment that concluded that Defendant prevailed on Petitioners' minimum wage claim, thereby entitling Defendant to attorney fees. Petitioner assigned error to the trial court's "net judgment approach" to determine which party prevailed in the case. On appeal, Petitioner argued that he was owed minimum wage payments for his work from 2009 through 2012, entitling him to recovery, civil penalties, and attorney fees. In response, Defendant argued a handful of affirmative defenses, including unjust enrichment because it had furnished Petitioner with lodging during his employment. Under ORS 20.077, a court must determine the prevailing party on a claim-by-claim basis. The prevailing party is entitled to attorney fees under ORS 653.055(4) or ORS 652.200(2). The Court of Appeals held that because Petitioner had provided notice in accord with ORS 652.200(2), the trial court erred in concluding that Petitioner was not entitled to attorney fees on the second claim and that the trial court did not provide a sufficient explanation for its reason to deny Petitioner's third claim. Reversed and remanded as to attorney fee award; otherwise affirmed.