Capital One Bank v. Fort

Defendant appeals a supplemental judgment, assigning error to the trial court’s refusal to award him his requested attorney fees. Defendant contends that the court erred in deciding that the choice-of-law provision in the contract between plaintiff and defendant required the court to apply Virginia law to the contract’s one-sided attorney-fee provision rather than Oregon law, which, pursuant to ORS 20.096 (2007), 1 would have made the right to recover prevailing party attorney fees under the attorney-fee provision reciprocal and entitled defendant, as the prevailing party in the action, to an…