Kerr v. Bradbury

Plaintiffs, the prevailing parties in Kerr v. Bradbury, 193 Or App 304, 89 P3d 1227 (2004), petition for an award of attorney fees of $20,041.50. They contend that we are authorized to award such fees by virtue of the inherent power of the courts recognized in Deras v. Myers, 272 Or 47, 65-66, 535 P2d 541 (1975), to award fees “in cases where the plaintiff brings suit in a representative capacity and succeeds in protecting the rights of others as much as his own.” The Secretary of State objects, arguing that a fee award under Deras is not appropriate in this case. We allow the petition and…