Rogers v. RGIS, LLP

Plaintiff requests reconsideration of our decision in Rogers v. RGIS, LLP, 229 Or App 580, 213 P3d 583 (2009). The Oregon Trial Lawyers Association (OTLA) moved to appear on plaintiffs petition for reconsideration as amicus curiae. We granted the motion. We allow plaintiffs petition and adhere to our prior opinion as modified.

The opinion states:

“Thus, although unsettled at the time the trial court made its decision regarding attorney fees, taken together, the decisions of this court and the Supreme Court in Gafur establish that there is no private right of action by an employee for either…