Damian Idiart
Attorney at Law

THE WORLD'S LARGEST PERSONAL INJURY BLOG

Predatory Lenders are Nailed, Aribtration Clause Invalidated, and the Good Part of Class Actions

Print the article

This entry was posted on 2/1/2007 12:00 PM and is filed under Oregon Courts.

http://www.publications.ojd.state.or.us/A125270.htm

Plaintiffs, immigrants who neither read nor speak English, brought this action against defendant Beneficial Oregon, Inc., a mortgage company, alleging that defendant engaged in predatory lending practices by fraudulently inducing them to borrow money at extremely disadvantageous interest rates and lying to them about what their monthly payments would cover. Defendant filed a motion to compel arbitration pursuant to an arbitration rider to the loan contract, but the trial court denied the motion on the ground that the arbitration rider was unconscionable. At the subsequent trial, the jury found in favor of plaintiffs and awarded them economic, noneconomic, and punitive damages, as well as attorney fees. The court remitted the punitive damages award, lowering it from $500,000 to $237,592.50.

Defendant appeals, assigning error to four trial court rulings: the denial of defendant's motion to compel arbitration; the grant of a directed verdict against two of defendant's affirmative defenses; the failure to further remit the punitive damages award to $100,000; and the award of enhanced attorney fees. (1) Plaintiffs cross-appeal, arguing that the punitive damages award should not have been remitted at all. We hold that the court correctly ruled that the arbitration rider was unconscionable and that defendant's affirmative defenses lacked merit as a matter of law. Regarding punitive damages, we hold that the trial court erred in remitting the jury's award. Finally, we hold that the trial court did not abuse its discretion in its award of enhanced attorney fees. We therefore affirm on appeal and, on cross-appeal, we reverse and remand.

 del.icio.us  Stumbleupon  Technorati  Digg 

 

What did you think of this article?




Trackbacks
Trackback specific URL for this entry
  • No trackbacks exist for this entry.
Comments

    Leave a comment

    Submitted comments will be subject to moderation before being displayed.

     Enter the above security code (required)

     Name (required)

     Email (will not be published) (required)

     Website

    Your comment is 0 characters limited to 3000 characters.