Oregon Issues

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Joint and Several Liability Reform: SB 601 (1995): Or. Rev. Stat. § 18.485.

Oregon|1995

Bars application of the rule of joint and several liability

Bars application of the rule of joint and several liability in the recovery of all damages, except where the defendants is determined to be insolvent within one year of the final judgment. In those cases, a defendant less than 20% at fault would be liable for no more than two times her original exposure and a defendant more than 20% liable would be liable for the full amount of damages.

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Joint and Several Liability Reform: SB 323 (1987).

Oregon|1987

Bars application of the rule of joint and several liability

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Bars application of the rule of joint and several liability in the recovery of noneconomic damages. Bars application of the rule of joint and several liability in the recovery of all damages, where the defendant is found to be less than 15% at fault.

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Reforms View All »

Punitive Damages Reform: SB 482 (1995).

Oregon|1995

Requires 40% of punitive damages awards to be paid to

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Requires 40% of punitive damages awards to be paid to the prevailing party, 60% to the state fund, and no more than 20% to the attorney of the prevailing party. Requires a plaintiff to show by “clear and convincing” evidence that a defendant “acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Provides for court review of jury-awarded punitive damages. Bars the claiming of punitive damages in an original complaint. Requires a plaintiff to show a prima facie case for liability before amending a complaint to include a punitive damages claim. The split-recovery statute allocating 60% of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitution.

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Challenged and Upheld

DeMendoza v. Huffman, 2002 WL 1827841 (Or. Aug. 8, 2002).

Punitive Damages Reform: SB 323 (1987).

Oregon|1987

Requires a plaintiff to prove punitive damages by “clear and

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Requires a plaintiff to prove punitive damages by “clear and convincing” evidence. Provides an FDA standards defense to punitive damages.

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Challenged and Struck Down

The Oregon Supreme Court declared the $500,000 limit on noneconomic damages unconstitutional in the case of Larkin v. Senco Products, Inc. — P.2d. — , 1999 WL 498088 Or. July 15, 1999.

Miscellaneous

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Charitable Immunity: S.B. 1131 (2011)

Oregon|2011

Eliminates the liability of charitable corporations for damages arising out

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Eliminates the liability of charitable corporations for damages arising out of providing eyeglasses, hearing aids or other medical devices without charge.

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Unchallenged

Liability Against Professional Counselors and Marriage Therapists: H.B. 2217 (2011)

Oregon|2011

Provides that punitive damages may not be awarded against professional

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Provides that punitive damages may not be awarded against professional counselors or licensed marriage and family therapists if they were acting in the scope of their practice.

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Unchallenged

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Joint and Several Liability

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Noneconomic Damages Reform

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Punitive Damages

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