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6/2/21 - A Substantial Benefit Leads to Substantial Fees

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Manage episode 316730616 series 3278602
Content provided by Smith Freed Eberhard. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Smith Freed Eberhard or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Justin Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard’s latest Legal Alert, "A Substantial Benefit Leads to Substantial Fees."

In this opinion, the Oregon Court of Appeals held that vindication of constitutional right(s) has never been the sole requirement in awarding attorney fees under a court’s equitable powers, and that the substantial benefit theory is a form of the attorney fee doctrine that does not require protection of a constitutional right, but rather requires the prevailing party to vindicate a right that applies to others, beyond the party itself.

  continue reading

25 episodes

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iconShare
 
Manage episode 316730616 series 3278602
Content provided by Smith Freed Eberhard. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Smith Freed Eberhard or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Justin Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard’s latest Legal Alert, "A Substantial Benefit Leads to Substantial Fees."

In this opinion, the Oregon Court of Appeals held that vindication of constitutional right(s) has never been the sole requirement in awarding attorney fees under a court’s equitable powers, and that the substantial benefit theory is a form of the attorney fee doctrine that does not require protection of a constitutional right, but rather requires the prevailing party to vindicate a right that applies to others, beyond the party itself.

  continue reading

25 episodes

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