646A.412
Action in court; damages if manufacturer does not act in good faith; attorney
fees; expert witness fees; costs.
(1) If a consumer brings an action in court under ORS 646A.400 to 646A.418
against a manufacturer and the consumer is granted one of the remedies
specified in ORS 646A.404 (1) by the court, the consumer shall also be awarded
up to three times the amount of any damages, not to exceed $50,000 over and
above the amount due the consumer under ORS 646A.404 (1), if the court finds
that the manufacturer did not act in good faith.
(2) Except as
provided in subsection (3) of this section, the court may award reasonable
attorney fees, fees for expert witnesses and costs to a consumer who prevails
in an appeal or action under ORS 646A.400 to 646A.418. If a court finds that a
consumer brought an action under ORS 646A.400 to 646A.418 in bad faith or
solely for the purposes of harassment, the court may award a prevailing
manufacturer reasonable attorney fees.
(3) The court may
award reasonable attorney fees, fees for expert witnesses and costs to the
prevailing party in an appeal or action under ORS 646A.400 to 646A.418 that
involves a motor home. [Formerly 646.359; 2009 c.448 §6]
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2008–2021 · leading case:
Liles v. Damon Corp., 198 P.3d 926 (Or. 2008).
Liles v. Damon Corp., 198 P.3d 926 (Or. 2008).
“” ORS 646A.412(1) describes additional remedies available to a consumer in a successful action under the statute “against a manufacturer * * ORS 646A.”
Roblin v. Newmar Corp. (D. Or. 2020).
· cites it 4× “Or. Rev. Stat. § 646A.412(3) (“The court may award reasonable … costs to the prevailing party.”
Robert Roblin v. Newmar Corp. (9th Cir. 2021).
“” Or. Rev. Stat. § 646A.412(3). Because we affirm the 5 judgment below on the merits and Newmar does not contest that the district court’s fee and costs awards were reasonable if Roblin properly prevailed, we affirm those awards.”
— Or. Rev. Stat. § 646A.412(1) — 1 case
Liles v. Damon Corp., 198 P.3d 926 (Or. 2008).
“” ORS 646A.412(1) describes additional remedies available to a consumer in a successful action under the statute “against a manufacturer * * ORS 646A.”
— Or. Rev. Stat. § 646A.412(3) — 2 cases
Roblin v. Newmar Corp. (D. Or. 2020).
“Or. Rev. Stat. § 646A.412(3) (“The court may award reasonable … costs to the prevailing party.”
Robert Roblin v. Newmar Corp. (9th Cir. 2021).
“” Or. Rev. Stat. § 646A.412(3). Because we affirm the 5 judgment below on the merits and Newmar does not contest that the district court’s fee and costs awards were reasonable if Roblin properly prevailed, we affirm those awards.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.