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.
