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PATTON v. TARGET CORP.

(USCA 08-35177; SC S057752).

242 P.3d 611 (2010)

349 Or. 230

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

Supreme Court of Oregon, En Banc.

Decided November 12, 2010.

Attorney(s) appearing for the Case

Rolf C. Moan , Supreme Court Coordinator, Office of the Attorney General, Salem, argued the cause and filed the brief for plaintiff-intervenor. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Michael A. Griffin , of Jackson Lewis LLP, Seattle, argued the cause and filed the brief for defendant. With him on the brief was John M. Cowden . Lori Irish Bauman , of Ater Wynne LLP, Portland, for plaintiff James Patton, adopted the brief of Michael A. Griffin.

Jennifer J. Middleton , of Chanti & Middleton, PC, Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.

GILLETTE, J.

This case is before the court on a certified question of Oregon law from the United States Court of Appeals for the Ninth Circuit. See Patton v. Target Corp., 580 F.3d 942 (9th Cir.2009) (certifying question); ORS 28.200-28.255 (granting authority to answer certified questions and describing procedure). Plaintiff Patton sued his employer, defendant Target, in the...

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