OTLA Trial Lawyer Fall 2022

60 Trial Lawyer • Fall 2022 arbitrator’s decision, which the defendant received here. The Court of Appeals also held that the trial court abused its discretion in enlarging the defendant’s time to file its notice of appeal under ORCP 15 D. The court reasoned there was no good cause for an extension, given that the defendant’s counsel knew the date when the arbitrator was filing the arbitrator’s decision and the error in the certificate of service did not prevent him from checking that it was actually filed on that date. Damages for violation of ORS 90.315(4) relating to residential tenants' utility bills are capped at the greater of one month’s rent or twice the amount wrongfully charged, regardless how many violations occur. Shepard Inv. Group LLC v. Ormandy, 320 Or App 521 (2022); Shorr, J. The tenant was represented by Matthew Shepard. ORS 90.315(4) permits a residential landlord to pass on utility charges to tenants, but only if it does so in a certain manner and meets certain requirements. The statute also states if a landlord fails to comply with those requirements, “the tenant may recover from the landlord an amount equal to one month’s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.” Here, the tenant sued the landlord for violating the statute by failing to timely bill him in writing for monthly utility charges and for failing to provide him with an explanation of the charges. The tenant claimed he was entitled to one month’s periodic rent for each month he was charged utilities in violation of the statute over the preceding year. The trial court agreed. The Court of Appeals reversed, holding that ORS 90.315(4) does not permit a tenant to recover “one month’s periodic rent” for each separate periodic billing that fails to comply with the statute. Rather, when there are multiple violations, the tenant can recover only the greater of one month’s rent or twice the amount wrongfully charged. Here, one month’s rent was $825 and the tenant was wrongfully charged $40 each month over the preceding year, so his damages were capped at $960 ($40/month times 12 months times two). Trial court commits plain error in awarding attorney fees when party seeking fees failed to plead any entitlement to them. Wedemeyer v. Nike Ihm, Inc., 319 Or App 781 (2022); Kamins, J. The plaintiff was represented by Michael Rose. The plaintiff worked as a production manager for the defendant for eight years until their relationship deteriorated, leading to this employment discrimination lawsuit. The defendant prevailed on all claims by summary judgment and directed verdict. After the judgment was Sheets Continued from p 59

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