PATTON v. TARGET CORP.

No. 08-35177.

580 F.3d 942 (2009)

James PATTON, Plaintiff-Appellee, v. TARGET CORPORATION, Defendant-Appellee, v. State of Oregon, Plaintiff-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated and Question Certified: September 2, 2009.

Filed September 2, 2009.


Attorney(s) appearing for the Case

Lori Irish Bauman, Ater Wynne LLP, Portland, OR, for the plaintiff-appellee.

Michael A. Griffin, Jackson Lewis LLP, Seattle, WA, for the defendant-appellee.

Rolf C. Moan, Supreme Court Coordinator, Office of Attorney General, Salem, OR, for the plaintiff-intervenor-appellant.

Before HARRY PREGERSON, PAMELA ANN RYMER, and A. WALLACE TASHIMA, Circuit Judges.


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...

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