Kaib's Roving R.Ph. Agency, Inc. v. Employment Department

This is an attorney fee dispute arising out of a judicial review proceeding in which the Court of Appeals vacated and remanded for reconsideration an order of the Employment Department (department) that affirmed an unemployment tax assessment against petitioner. The party that obtained the remand, Kaib’s Roving R.Ph. Agency, Inc. (petitioner), sought attorney fees and costs under either ORS 183.497(l)(a) or (b), set out post. A divided panel of the Court of Appeals denied that request. Kaib’s Roving R.Ph. Agency v. Employment Dept., 189 Or App 579, 77 P3d 327 (2003) (Kaib’s III). We allowed…