Lakin v. Senco Products
- Case Date: 9/9/1997
- Project Name: Limiting Punitive Damages
On September 9, 1997, WLF filed an amicus brief urging the Oregon Supreme Court to uphold a state tort reform measure against a constitutional challenge posed by plaintiffs who filed a product liability lawsuit. WLF argued that Oregon's statutory cap of $500,000 on recovery for non-economic damages was constitutional and did not violate the Oregon Constitution's guarantee of a jury trial. In its brief, WLF argued that the imposition of a legislative cap on damages did not constitute a re-examination of a fact found by a jury, but rather represented a reasonable legislative decision to cap damage awards in order to rein in an expensive and unpredictable civil justice system.