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CAPITAL ONE BANK v. FORT

C074503CV; A140485.

255 P.3d 508 (2011)

242 Or. App. 166

CAPITAL ONE BANK, successor-in-interest to Capital One, F.S.B., Plaintiff-Respondent, v. John W. FORT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 13, 2011.

Attorney(s) appearing for the Case

Craig P. Colby argued the cause for appellant. On the briefs was Bret Knewtson .

Jamie Forbes argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

ARMSTRONG, J.

Defendant appeals a supplemental judgment, assigning error to the trial court's refusal to award him his requested attorney fees. Defendant contends that the court erred in deciding that the choice-of-law provision in the contract between plaintiff and defendant required the court to apply Virginia law to the contract's one-sided attorney-fee provision rather than Oregon law, which, pursuant to ORS 20.096 (2007),1 would have...

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