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awarded petitioner compensatory damages, under Oregon law the
jury was allowed to consider punitive damages. The jury found
that the employees of both MBL and BCal were “guilty of wanton
misconduct and acted within their employment.” As such, the jury
awarded punitive damages from MBL and BCal in the amounts of
$3 million and $2 million, respectively.
In summary, the money judgment against MBL was $500,000 for
noneconomic damages, $3 million for punitive damages and $646,389
for economic damages--$450,000 in lost future compensation and
$196,389 in wages. The money judgment against BCal was $125,000
for noneconomic damages, $2 million for punitive damages, and
$646,389 for economic damages. MBL and BCal were jointly and
severally liable for the economic damages and severally liable
for the noneconomic damages and the punitive damages. Petitioner
was also entitled to postjudgment interest and costs of
litigation.
Subsequently, MBL and BCal filed motions with the trial
court for judgment notwithstanding the verdict. These motions
were granted in part and the judgment set aside. At this point,
petitioner was still entitled to compensatory damages, but no
punitive damages. Petitioner and the banks, separately, appealed
to the Oregon Court of Appeals.
For the legal fees occasioned by the appeal, petitioner and
his attorney, Charles J. Merten (Merten), entered into a second
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