Rains v. Stayton Builders Mart, et al.

Case Updates

The Oregon Supreme Court remanded this case for further consideration in light of its related tort-reform decision in Horton v. Oregon Health & Science University. Thus, the Oregon statute that caps noneconomic damages still stands.

In its coalition brief in support of Weyerhaeuser Company, the U.S. Chamber urged the Oregon Supreme Court to recognize the importance of statutory limits on noneconomic damages. An Oregon statute capped noneconomic damages, and the Oregon Supreme Court previously held in Lakin v. Senco Prods. that the statutory cap violated the Oregon Constitution.

The Chamber argued in its brief that most states have enacted limits on noneconomic damages in response to the rise of unpredictable pain and suffering awards, and the vast majority of courts have upheld limits on noneconomic damages.

The NFIB Small Business Legal Center, American Tort Reform Association, and Coalition for Litigation Justice, Inc. joined the Chamber in filing this brief.

Mark A. Behrens and Cary Silverman of Shook, Hardy & Bacon L.L.P., along with William F. Gary and Sharon A. Rudnick of Harrang Long Gary Rudnick P.C., served as counsel for the U.S. Chamber Litigation Center.