Hoover v. Industrial Scrap Corp.

In determining attorney fees, a court should review the factors in ORS 20.075(1) and (2) which includes conduct of parties during the transaction and reasonableness of claims and defenses asserted by parties.

Plaintiff appealed a supplemental judgment for costs and attorney fees in an employment discrimination case. On appeal, Plaintiff raised three assignments of errors: (1) the trial court’s award was an abuse of discretion because it was significantly less than amount requested; (2) the trial court violated “clearly established law” in rejecting an additional request for post-judgment attorney fees; and (3) the trial court erred in denying an award of an enhanced prevailing party fee under ORS 20.190. In determining attorney fees, a court should review the factors in ORS 20.075(1) and (2) which includes conduct of parties during the transaction and reasonableness of claims and defenses asserted by parties. Regarding assignments (1) and (2), the Court held that the record was insufficient to review the basis for the trial court’s fee award and post-judgment attorney fees. The Court stated that, on remand, the trial court shall consider the appropriate attorney fee award and whether to include services performed post-judgment. Regarding assignment (3), the Court held that the trial court did not abuse its discretion in declining the enhanced prevailing party fee award, thus affirming the lower court’s decision. Reversed in part and remanded; otherwise affirmed.