Forum
Oregon Court of Appeals
Case Status
Decided
Docket Number
CA A162289
Oral Argument Date
August 15, 2017
Case Updates
Oregon Court of Appeals affirms trial court’s decision rejecting challenge to excessive statutory damages award as untimely
May 31, 2018
Click here to view the opinion.
U.S. Chamber urges Oregon Court of Appeals to overturn grossly excessive statutory damages award
November 22, 2016
The U.S. Chamber and National Association of Manufacturers filed an amicus brief urging the Oregon Court of Appeals to reverse a trial court decision awarding statutory damages of over $409 million.
The Chamber’s brief argues that the Due Process Clause protects defendants against statutory penalties that are grossly disproportionate to the underlying offense, and the nearly half-billion award here clearly meets that standard. The brief also details the dangers posed by combining statutory damages with class actions.
Robert McKenna and Daniel Dunne of Orrick, Herrington & Sutcliffe LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Defendant's Motions to Strike the Statutory Damages Award or to Decertify the Class -- Scharfstein v. BP West Coast Products, LLC (Oregon Circuit Court).pdf
- Plaintiff's Opposition to Defendant's Motion to Strike the Statutory Damages Award or Decertify the Class -- Scharfstein v. BP West Coast Products, LLC (Oregon Circuit Court).pdf
- Defendant's Reply in Support of Motions to Strike the Statutory Damages Award or to Decertify the Class -- Scharfstein v. BP West Coast Products, LLC (Oregon Circuit Court).pdf
- Order Denying Defendant's Motion to Strike and Motion to Decertify the Class -- Scharfstein v. BP West Coast Products, LLC (Oregon Circuit Court).pdf
- U.S. Chamber Amicus Brief -- Scharfstein v. BP West Coast Products, LLC (Oregon Circuit Court).pdf
- Opinion -- Scharfstein v. BP West Coast Products, LLC (Oregon Court of Appeals).pdf