ORS 662.090
Notice of hearing

  • issuance of temporary injunction without notice
  • attorney fees

(1)

The hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to the chief of those public officials of the county and city within which the unlawful acts have been threatened or committed charged with the duty to protect complainant’s property. However, if a complainant also alleges that, unless a temporary restraining order is issued without notice, a substantial and irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing after notice. Such a temporary restraining order shall be effective for no longer than five days and shall become void at the expiration of the five days.

(2)

No temporary restraining order or temporary injunction shall be issued except on condition that complainant first files an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs, together with a reasonable attorney fee at trial and on appeal and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.

(3)

The undertaking mentioned in subsection (2) of this section shall be understood to signify an agreement entered into by the complainant and the surety upon which a judgment may be rendered in the same action or proceeding against the complainant and surety, upon a hearing to assess damages of which hearing complainant and surety shall have reasonable notice, the complainant and surety submitting themselves to the jurisdiction of the court for that purpose. This section does not deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue the ordinary remedy of the party by action for legal or equitable remedies. [Amended by 1979 c.284 §188; 1981 c.897 §98]

Source: Section 662.090 — Notice of hearing; issuance of temporary injunction without notice; attorney fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html.

Notes of Decisions

Fact that injunction was upheld against one defendant does not prohibit award of attorney fees to defendants against whom injunction was erroneously issued. Louisiana-Pacific v. Lumber and Sawmill Workers, 299 Or 525, 704 P2d 104 (1985)

Defendants’ claim for attorney fees is not limited to amount of bond required by statute. Louisiana-Pacific v. Lumber and Sawmill Workers, 299 Or 525, 704 P2d 104 (1985)

662.010
Labor disputes 662.020
Declaration of policy as to labor organizations 662.030
Restrictions in employment contracts on affiliation with labor or employer organization unenforceable 662.040
Injunctions in labor disputes generally restricted 662.050
Specific acts that are not enjoinable 662.060
Restrictions on injunctions to prohibit doing in concert acts enumerated in ORS 662.050 662.070
Liability of associations and officers and members of associations for unlawful acts of individuals 662.080
Hearing and findings of certain facts are prerequisites to injunction 662.090
Notice of hearing 662.100
Compliance with obligations involved in dispute and making reasonable effort to settle as prerequisites to injunctive relief 662.110
Findings of fact prerequisite to injunction 662.120
Appeal to Supreme Court 662.130
Contempt proceedings 662.205
Definitions for ORS 662.205 to 662.225 662.215
Prohibitions on use of professional strikebreakers 662.225
Prohibited conduct by professional strikebreaker 662.405
Declaration of policy 662.415
State Conciliation Service established 662.425
Mediation services 662.435
Services for state agencies and political subdivisions 662.445
List of qualified arbitrators 662.455
Conciliator 662.805
Definitions for ORS 662.805 to 662.825 662.810
Declaration of policy 662.815
Picketing sites where perishable agricultural crops are being harvested restricted 662.820
Employer to display bilingual notices of picketing restriction 662.825
Jurisdiction to enjoin violations 662.992
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 662.090’s source at oregon​.gov