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State (Oregon) as Judgment Creditor: ORS 31.735

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Interesting case out of the Oregon Court of Appeals today (2/20/08), with a legislative history of ORS 31.735:

MAN AKTIENGESELLSCHAFT and OREGON DEPARTMENT OF JUSTICE, Appellant Cross-Respondent, v. DAIMLERCHRYSLER AG (A135989)

“… Before Schuman, Presiding Judge, and Brewer, Chief Judge, and Rosenblum, Judge.

BREWER, C. J.
Determination of standing made; appeal to proceed.

BREWER, C. J.
The state is not a party to the underlying dispute between plaintiffs and defendants in this case but asserts that it has an interest under ORS 31.735 in the jury’s award of punitive damages. The state has appealed from a supplemental judgment dismissing the case that the trial court entered as part of a settlement between plaintiffs and defendants. As part of entering the supplemental judgment, the trial court vacated the general judgment that it had previously entered, in which the state was a judgment creditor as to 60 percent of the jury’s award of punitive damages to plaintiffs. On our own motion, we questioned whether the state has standing to appeal the supplemental judgment and therefore issued an order requiring it to show cause why we should not dismiss the appeal. We now conclude that the state has standing to assert its rights under ORS 31.735 and therefore order that the appeal shall proceed.” (full case in Oregon Court of Appeals)

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