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

The Briefing with Smith Freed Eberhard

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.