McCarthy v. Oregon Freeze Dry, Inc.

On remand from the Supreme Court, we are required to reexamine and explain the basis for our award of attorney fees to defendant. Based on the rule acknowledged in the line of cases culminating in Schlumberger Technologies, Inc. v. Tri-Met, 145 Or App 12, 21 n 9, 929 P2d 331 (1996), rev den 325 Or 80, modified on other grounds 149 Or App 316, 942 P2d 862 (1997), we adhere to our previous award of $12,000.

Plaintiff sued defendant for, among other things, unlawful employment practices under ORS 659.121. Plaintiff then filed a voluntary notice of dismissal under ORCP 54 A(l), and the trial court…