October 27, 2009

Oregon Supreme Court Accepts Certified Question on Split-Recovery Statute

In a previous post we reported that the Ninth Circuit had certified the following question to the Oregon Supreme Court:

When a jury has returned a verdict that includes an award of punitive damages
under Oregon law, is the State of Oregon’s consent necessary before a court may
enter a judgment giving effect to any settlement between the parties that would
result in a reduction or elimination of the punitive damages to which the State
would otherwise be entitled under Oregon Revised Statutes § 31.735?
As expected, the Oregon Supreme Court has accepted the question.