Dimeo v. Gesik

Plaintiff filed a petition for reconsideration, arguing that we made an error of law in stating in dictum that “in evaluating whether a party has an objectively reasonable basis for asserting a claim, the temporal focus should be on the time that the claim is asserted.” Dimeo v. Gesik, 195 Or App 362, 371, 98 P3d 397 (2004). We agree with plaintiff that the above statement is not a complete statement of law. We therefore grant the petition for reconsideration, modify our former opinion, and adhere to our decision as modified.

The issue in this case was whether Western Bank (the bank) could…