Rathgeber v. James Hemenway, Inc.

Plaintiffs brought this action against James Hemenway, Inc., and William Zobel (defendants) 1 for breach of fiduciary duty and violation of the Unlawful Trade Practices Act (UTPA), ORS 646.005 to 646.652, following plaintiffs’ employment of Zobel, a real estate associate of James Hemenway, Inc., as their buyer’s agent in the purchase of a home. A jury returned a verdict for plaintiffs on both claims and awarded economic damages and noneconomic damages for emotional distress. Because plaintiffs had prevailed on their UTPA claim, the trial court entered an order awarding them attorney fees…