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LITHIA MEDFORD LM, INC. v. YOVAN

010895L1; A128045.

295 P.3d 642 (2012)

254 Or. App. 307

LITHIA MEDFORD LM, INC., an Oregon corporation, dba Lithia Toyota, Lincoln, Mercury, Suzuki, Plaintiff-Respondent, v. Shawn S. YOVAN, aka Stefan Shawn Yovan, Defendant-Appellant. Shawn S. Yovan, aka Stefan Shawn Yovan, Counterclaim Plaintiff, v. Lithia Medford LM, Inc., an Oregon corporation, dba Lithia Toyota, Lincoln, Mercury, Suzuki, Counterclaim Defendant.

Court of Appeals of Oregon, En Banc.

Decided December 19, 2012.

Resubmitted En Banc October 3, 2012.

Attorney(s) appearing for the Case

G. Jefferson Campbell, Jr. , and G. Jefferson Campbell, Jr., P.C., for appellant.

Matthew Sutton , for respondent.

Before HASELTON, Chief Judge, and ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, SERCOMBE, DUNCAN, NAKAMOTO, and HADLOCK, Judges.

NAKAMOTO, J.

Defendant and counterclaim plaintiff Shawn Yovan (defendant) prevailed on his claim under the Oregon Unlawful Debt Collection Practices Act (the Act), ORS 646.639 to 646.641, against plaintiff and counterclaim defendant Lithia Medford LM, Inc. (plaintiff). The jury awarded defendant $500 for his noneconomic damages and $100,000 in punitive damages. The trial court concluded that the punitive damage award was unconstitutional under the Due Process Clause...

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