Arabian v. Kearns

This matter is before us on jurisdictional referrals under ORS 46.063. The issue is whether, in an action where an attorney fee may be awarded to the prevailing party by reason of a contract or a statute, the amount of the attorney fee claimed is to be included in determining the amount in controversy for jurisdictional purposes under ORS 46.060.

Historically, if an attorney fee was recoverable as part of a party’s substantive claim, it was aggregated with the rest of the claim for jurisdictional purposes; however, if the attorney fee was recoverable only as part of costs, it was not. Springer…