New Case Law – NO Attorney Fees in Denial of Petition for Review

The Oregon Supreme Court recently ruled in both Polacek and Polacek and Bolte and Bolte, family law cases which were both decided on December 2, 2010, that the court does not have the statutory authority to award fees to a party who has responded to a petition for review and where the court has denied the petition.  The court explained that a denial of a petition for review is not a statement that the Court of Appeals was right or wrong.  It can be very expensive to oppose a petition for review.  I imagine this is an issue that the legislature will address.

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP
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One Response to New Case Law – NO Attorney Fees in Denial of Petition for Review

  1. As a general rule of thumb, American courts do not award litigants their attorney fees.

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