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MINDFUL INSIGHTS, LLC v. VERIFYVALID, LLC

A161850.

454 P.3d 787 (2019)

301 Or.App. 256

MINDFUL INSIGHTS, LLC, an Oregon limited liability company, Plaintiff-Respondent, v. VERIFYVALID, LLC, a Michigan limited liability company, Defendant-Appellant, and Paul Doyle, an individual and Steve Sprindis, an individual, Defendants.

Court of Appeals of Oregon.

December 11, 2019.

Attorney(s) appearing for the Case

Sara Kobak , Portland, argued the cause for appellant. Also on the briefs were Sara C. Cotton and Schwabe, Williamson & Wyatt, P.C.

Amy Heverly argued the cause for respondent. Also on the brief was Jordan Ramis PC.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.

Under Oregon law, the prevailing party on a breach-of-contract claim can recover its attorney fees if the terms of the contract, whether express or implied, authorize the award. ORS 20.077; ORS 20.083; ORS 20.096. The question in this case is how that fee recovery operates when a plaintiff has alleged both an express contract and an implied...

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