Legal Opinion

Patton v. Target Corp.

Court of Appeals for the Ninth Circuit

Decided September 2, 2009No. 08-35177PublishedCited by 4 opinions

1Opinion of the Court

ORDER

HARRY PREGERSON, Circuit Judge.

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, but before judgment was entered on the award, plaintiff and defendant settled the case for an undisclosed amount, without notice to or approval of the State. The…

2Cases cited13 opinions

  1. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  2. State v. GainesOregon Supreme Court · 2009
  3. Engquist v. Oregon Department of AgricultureSupreme Court of the United States · 2008
  4. Western Helicopter Services, Inc. v. Rogerson Aircraft Corp.Oregon Supreme Court · 1991
  5. Parrott v. Carr Chevrolet, Inc.Oregon Supreme Court · 2001

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3Cited by4 opinions

  1. Patton v. Target Corp.Oregon Supreme Court · 2010
  2. Lorraine Bates v. Bankers Life and Casualty CoCourt of Appeals for the Ninth Circuit · 2017
  3. Aline Miller v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 2017
  4. Patton v. Target Corp.Court of Appeals for the Ninth Circuit · 2010

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