Oregon Statutes 646.770 – Equitable remedies; attorney fees
(1) Any person, including the state or a public body, threatened with injury to the person’s business or property from a violation of ORS § 646.725 or 646.730 may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necessary reasonable investigative costs and reasonable expert fees.
Terms Used In Oregon Statutes 646.770
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Except as provided in subsection (3) of this section, in an action that a person, other than the state or a public body, brings under the provisions of this section, the court may award reasonable attorney fees to the prevailing party. Except as provided in subsection (3) of this section, in a civil action that the state or a public body brings under the provisions of this section:
(a) The court may award reasonable attorney fees to the state or the public body if the state or public body prevails in the action; and
(b) The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the state or the public body had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
(3) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (2) of this section if the action under this section is maintained as a class action under ORCP 32. [1975 c.255 § 9; 1981 c.897 § 81; 1995 c.696 § 37; 2023 c.103 § 3]