Punitive damages in construction litigation
Punitive damages sometimes are awarded in construction claim cases and often awarded in insurance bad faith cases so I note with interest that yesterday the Oregon Court of Appeals overturned a $100 million punitive damages award in a tobacco case.
The appellate court found a sufficient factual basis for a punitive damages award, but also concluded that the jury was not properly instructed on the issue of the defendant's out-of-state conduct.
The case is summarized over at the TortsProf Blog.