Oregon Court of Appeals

Case Status


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