|CALENDAR STATUS: Active|
|Mindful Insights, LLC v. Verify Valid, LLC|
|Via Video Case 4|
|Sara Kobak on behalf of Verify Valid, LLC|
Gabriel M. Weaver on behalf of Mindful Insights, LLC
Statement of Issues:
(1) If a contract action presents a claim for breach of a specific contract with an attorney-fee provision, along with alternative implied-in-fact and implied-in-law quantum meruit claims with no right to attorney fees, is the contract claim with the right to attorney fees treated as a separate claim from the alternative claims, for any attorney-fee award under ORS 20.077?
Plaintiff's contingent issues:
(2) Under the "claim-by-claim" approach of ORS 20.077, is a party the "prevailing party" if it succeeds on a single breach of contract claim, even if that claim is tried on separate liability theories and the party does not succeed on all theories?
(3) Is a party entitled to an award of attorney fees pursuant to the attorney fee clause of an express agreement, if it does not prevail on a breach of express contract theory of recovery, but prevails instead on an implied-in-fact contractual breach, if the terms of the express and implied-in-fact agreement are the same?
These summaries of cases are prepared for the benefit of members of the media to assist them in reporting the court's activities to the public. Parties and practitioners should not rely on the summaries, or the statement of issues to be decided in the summaries, as indicating the questions that the Supreme Court will consider. Regarding the questions that the Supreme Court may consider, see Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: