Cintas Corp. No. 3 v. Art Erickson Tire & Auto, Inc.

• Court: Oregon Court of Appeals
• Area(s) of Law: Alternative Dispute Resolution
• Date Filed: 09-21-2016
• Case #: A154995
• Judge(s)/Court Below: Egan, J., for the Court; Armstrong, P.J.; and Hadlock, C.J.

Under ORS 36.425, a party has 20 days after issuance of an arbitration judgment to request a jury trial de novo, after which time the party waives the right to request trial de novo.

Art Erickson Tire & Auto, Inc. (Erickson) appealed an arbitration award and the trial court’s judgment in favor of Cintas Corp. No. 3 (Cintas), arguing that ORS 36.425 required the trial court to grant Erickson’s request for a jury trial de novo because he did not waive his right to a trial de novo per the statute. Cintas argued that because an arbitrator had found valid an agreement to binding arbitration between the parties, Erickson was not entitled to a jury trial de novo.

Under ORS 36.425(2)(a), a party may request a trial de novo within 20 days after the filing of an arbitration decision. The Oregon Court of Appeals therefore held that Erickson had a right to seek trial de novo, and that nothing in the record indicated that Erickson had waived his right to seek trial de novo. Reversed and remanded.

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