Powers v. Quigley

This case requires us to resolve an asserted conflict between ORS 20.080(1), which governs the recovery of attorney fees in tort claims for $5,500 or less, and ORCP 54 E, which limits recovery of attorney fees after a party presents its opponent with an offer of judgment. We set out those provisions below. Plaintiff seeks review of a court order limiting her recovery of attorney fees to expenses incurred prior to defendant’s offer of judgment. Plaintiff argues that ORCP 54 E does not apply to awards of attorney fees under ORS 20.080(1) because those two statutes conflict and ORS 20.080(1) is…