Legal Opinion
Patton v. Target Corp.
Court of Appeals for the Ninth Circuit
Decided December 27, 2010No. 08-35177Published
1Opinion of the Court
OPINION
2Per curiam
Under Oregon’s split-recovery statute, Or. Rev. Stat. § 31.735, the State of Oregon (the “State”) is entitled to 60 percent of any punitive damages awarded under Oregon law. The statute applies to cases decided under Oregon law in federal court. DeMendoza v. Huffman, 334 Or. 425, 51 P.3d 1232, 1235-37 (2002). In the case at bench, after the jury awarded a substantial amount of punitive damages 1 , but before judgment was entered on the verdict, plaintiff and defendant settled the case for an undisclosed amount, without notice to or approval of the State. It is uncontested that the…
3Cases cited5 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Parrott v. Carr Chevrolet, Inc.Oregon Supreme Court · 2001
- DeMendoza v. HuffmanOregon Supreme Court · 2002
- Patton v. Target Corp.Oregon Supreme Court · 2010
- Patton v. Target Corp.Court of Appeals for the Ninth Circuit · 2009