ORCP 24

 

NOTES OF DECISIONS

 

      Where plaintiff pleaded and proved right to recover punitive damages, joinder of request for additional injunctive relief did not prevent court from awarding both punitive damages and injunctive relief. Rexnord, Inc. v. Ferris, 294 Or 392, 657 P2d 673 (1983)

 

      Although no actual damages are awarded in case joining legal and equitable claims, an award of punitive damages may be supported by certain decrees of equitable relief where independent harm or damage is shown. Klinicki v. Lundgren, 298 Or 662, 695 P2d 906 (1985)

 

      Joinder of multiple claims arising out of same transaction is not permissive, so failure to join will result in nonjoined claim being barred. Peterson v. Temple, 323 Or 322, 918 P2d 413 (1996); Perkins v. Conradi, 151 Or App 585, 950 P2d 380 (1997), modified153 Or App 273, 956 P2d 1022 (1998), modified 154 Or App 439, 959 P2d 1013 (1998), Sup Ct review denied

 

      ORS 34.210 limitation on joining damage claim with mandamus action supersedes general rule permitting joinder of claims. Holman v. City of Warrenton, 242 F. Supp. 2d 791 (D. Or. 2002)

 

LAW REVIEW CITATIONS: 31 WLR 757 (1995)