Hoover v. Industrial Scrap Corp.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 07-06-2023
  • Case #: A176742
  • Judge(s)/Court Below: Egan, J. for the Court; Tookey, P.J.; & Kamins, J.
  • Full Text Opinion

A party need not prevail on all assignments of error in order to be a prevailing party.

Defendant petitioned the Court to reconsider its decision in Hoover v. Industrial Scrap Corp., 324 Or App 666, 527 P3d 1076 (2023). Defendant argued that the Court erred in designating the plaintiff as the prevailing party and awarding him costs. Defendant asserted that it was the prevailing party because the Court rejected multiple of the Plaintiff’s assignments of error.  A party need not prevail on all assignments of error in order to be a prevailing party. The Court found that Plaintiff prevailed on his assignment of error concerning attorney fees and, as such, is entitled to costs. Reconsideration allowed; disposition modified; supplemental judgment vacated and remanded; otherwise affirmed.

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