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Litigation

: How Appealing

Where the parties to a lawsuit reach a post-verdict settlement after a jury has awarded punitive damages on a claim governed by Oregon law, must the State of Oregon's consent to the settlement be obtained before the court can approve the settlement?

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Where the parties to a lawsuit reach a post-verdict settlement after a jury has awarded punitive damages on a claim governed by Oregon law, must the State of Oregon's consent to the settlement be obtained before the court can approve the settlement? Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit certified that question of Oregon law for resolution by the Supreme Court of Oregon. You can access today's Ninth Circuit order at this link.

The question arises because, under Oregon law, the State of Oregon is entitled to recover sixty percent of any punitive damages awarded under Oregon law, even if the lawsuit involves only private (non-governmental) parties.

Full post as published by How Appealing on September 02, 2009 (boomark / email).

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