Northwest Administrators, Inc. v. Albina Fuel Co., Inc.

Plaintiff, administrator of union employe benefit trust funds, brought this action to recover allegedly delinquent contributions from defendant. The complaint alleged that defendant had violated the Employee Retirement Income Security Act (ERISA), 29 USC § 1001 et seq and section 301 of the Labor Management Relations Act (LMRA), 29 USC § 185. It also alleged that plaintiff was entitled to attorney fees. Defendant filed an answer that contained a prayer for its attorney fees without citing any specific statutory basis for the claim. See ORCP 68C(2).

The parties agreed to dismiss the case, and…