1. Home
  2. Browse Decisions
  3. P.3d
  4. 76 P.3d
  5. 76 P.3d 669 (2003)
 

BOCCI v. KEY PHARMACEUTICALS, INC.

A9210-07050; A86556.

76 P.3d 669 (2003)

189 Or. App. 349

Paul R. BOCCI, Jr., guardian ad litem for Paul R. Bocci, III, an incapacitated individual, Plaintiff, v. KEY PHARMACEUTICALS, INC., a foreign corporation, Schering-Plough Corporation, a foreign corporation, and Schering Corporation, a foreign corporation, Defendants, and Miles, Inc., an Indiana corporation, Miles, Inc., Pharmaceutical Division, an Indiana corporation, Legacy Health System, an Oregon corporation, Legacy Immediate Care Clinic, Frederick D. Edwards, M.D., and The Eugene Clinic, a partnership, Defendants. Frederick D. Edwards, M.D., Respondent, v. Key Pharmaceuticals, Inc., a foreign corporation, Schering-Plough Corporation, a foreign corporation, and Schering Corporation, a foreign corporation, Appellants.

Court of Appeals of Oregon.

Decided September 10, 2003.

Attorney(s) appearing for the Case

William F. Gary, Eugene, James E. Mountain, Jr., Salem, Sharon A. Rudnick, Eugene, and Harrang Long Gary Rudnick P.C. for appellants.

Daniel M. Holland, Ronald B. Terzerbach, Mary H. Spillane, Margaret A. Sundberg, and Williams, Kastner & Gibbs PLLC, Seattle, WA, for respondent.

Thomas M. Christ, Cosgrave Vergeer Kester LLP, Portland; Andrew L. Frey, New York, NY, Even M. Tager, Miriam R. Nemetz, Mayer Brown Rowe & Maw LLP; and Robin S. Conrad, National Chamber Litigation Center, Inc., Washington, DC, filed the brief amicus curiae for Chamber of Commerce of the United States of America.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

This case is before us for a third time. Defendants Key Pharmaceuticals, Inc., Schering-Plough Corporation, and Schering Corporation (collectively Key), seek a reversal of a punitive damage award entered in 1994 in favor of cross-claim plaintiff Frederick D. Edwards, M.D. (Edwards). For the reasons set forth below, we conclude that Key is entitled to a remittitur of part of the punitive damage award or to a new trial.

The pertinent facts were...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases