Oregon
Oregon Punitive Damages Laws: State Share, Proof and Pleading (2026)
Independently fact-checked against primary sources (last audited October 19, 2026). · 20 primary sources cited on this page. How we verify our legal content
Oregon allows punitive damages in civil actions, but ORS 31.730(1) makes them unrecoverable "unless it is proven by clear and convincing evidence that the party against whom punitive damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others." No pleading may ask for them when it is filed; a party must later win the court's permission to amend (ORS 31.725).
Oregon has no general cap on punitive damages, but ORS 31.735 divides the punitive portion of every award: 30% to the prevailing party (out of which the attorney may receive no more than 20% of the punitive award), 60% to the Criminal Injuries Compensation Account (or to a public entity's general fund when the prevailing party is a public entity) and 10% to the State Court Facilities and Security Account. Punitive damages are barred on Oregon Tort Claims Act claims (ORS 30.269(1)), against licensed health practitioners acting within their scope of practice and without malice (ORS 31.740), and, in a wrongful death action, against the personal representatives of a wrongdoer who has died (ORS 30.080), among other statutory limits. For how other states compare, see punitive damages laws by state.
Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Oregon state law on punitive damages in civil cases: ORS 31.725 to 31.740, the related sections of ORS chapter 30 (wrongful death, death of the wrongdoer, the Oregon Tort Claims Act, product liability and drugs), the other Oregon statutes named below, and the Oregon Supreme Court decisions quoted here. It does not cover compensatory or noneconomic damages limits (see Oregon medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Oregon wrongful death law), federal claims, or every Oregon statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.
Does Oregon allow punitive damages?
Yes, within the limits of ORS 31.725 to 31.740. Those sections control how a punitive damages claim is pleaded (31.725), what must be proven and how a court reviews the amount (31.730), how the award is divided (31.735) and when health practitioners are protected (31.740). Other statutes point back to them: in a product liability civil action, "punitive damages shall not be recoverable except as provided in ORS 31.730" (ORS 30.925(1)), and ORS 441.183(2)(f) lets a court "award punitive damages as provided in ORS 31.730."
What must be proven
The standard. ORS 31.730(1) gives two routes, each proved by clear and convincing evidence:
- the defendant "acted with malice"; or
- the defendant "has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others."
The second route has two parts joined by "and": reckless and outrageous indifference to a highly unreasonable risk, plus conscious indifference to others' health, safety and welfare.
The burden of proof. Clear and convincing evidence (ORS 31.730(1)).
Pleading: punitive damages cannot be in the first complaint
ORS 31.725 sets a gatekeeping procedure that applies before a punitive damages claim reaches a jury:
- No request at filing. "At the time of filing a pleading with the court, the pleading may not contain a request for an award of punitive damages" (31.725(2)).
- Motion to amend. "At any time after the pleading is filed, a party may move the court to allow the party to amend the pleading to assert a claim for punitive damages," with supporting affidavits and documentation; the other side may file opposing affidavits (31.725(2)).
- When the court must deny it. The court "shall deny" the motion if the supporting papers "fail to set forth specific facts supported by admissible evidence adequate to avoid the granting of a motion for a directed verdict to the party opposing the motion on the issue of punitive damages," or if the opposing party "establishes that the timing of the motion to amend prejudices the party's ability to defend against the claim for punitive damages" (31.725(3)).
- Deadlines. Subject to any continuance for discovery under 31.725(4), the court must hold a hearing "not more than 30 days after the motion is filed and served" and decide "within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied" (31.725(5)).
- No ability-to-pay discovery until then. "Discovery of evidence of a defendant's ability to pay shall not be allowed by a court unless and until the court grants a motion to amend a pleading under this section" (31.725(6)).
Is there a cap on punitive damages in Oregon?
There is no general cap. ORS 31.725 to 31.740 set no dollar limit and no multiplier. Two court-review rules can lower an award instead:
- Rational-juror review. If a jury awards punitive damages, "the court shall review the award to determine whether the award is within the range of damages that a rational juror would be entitled to award based on the record as a whole, viewing the statutory and common-law factors that allow an award of punitive damages for the specific type of claim at issue in the proceeding" (31.730(2)).
- Remedial measures. On a defendant's motion, the court "may reduce the amount of any judgment requiring the payment of punitive damages" if the defendant "has taken remedial measures that are reasonable under the circumstances to prevent reoccurrence of the conduct," and in doing so "shall consider the amount of any previous judgment for punitive damages entered against the same defendant for the same conduct" (31.730(3)).
Oregon's $500,000 limit on noneconomic damages in wrongful death actions does not reach punitive damages: ORS 31.710(2) states, "This section does not apply to punitive damages."
Some statutes for particular claims set their own limits on punitive damages:
| Statute | What it limits |
|---|---|
| ORS 646.465(3) | "Upon a finding of willful or malicious misappropriation, punitive damages may be awarded in an amount not exceeding twice any award made under subsections (1) and (2) of this section" |
| ORS 465.260(8) | A liable person who fails without sufficient cause to conduct a hazardous substance removal or remedial action ordered by the director: liable to the department for "the state's remedial action costs and for punitive damages not to exceed three times the amount of the state's remedial action costs" |
| ORS 475.435(6) | A liable person who fails without sufficient cause to conduct a cleanup action ordered by the director (illegal drug manufacturing sites): liable to the Department of Environmental Quality for "the state's cleanup costs and for punitive damages not to exceed three times the amount of the state's cleanup costs" |
| ORS 419A.269(7) | An action against a person who intentionally violates the confidentiality of a juvenile record expunction: "punitive damages up to an amount of $1,000 may be sought in addition to any actual damages" |
The U.S. Supreme Court's due-process limits on punitive awards also apply in Oregon, and in 1994 that Court held that Oregon's denial of judicial review of the size of punitive damages awards violated the Due Process Clause; the punitive damages hub explains those limits.
Does Oregon take a share of the award?
Yes. Unless the prevailing party is a public entity, 70% of the punitive portion goes to two state accounts. Under ORS 31.735(1), "the punitive damage portion of an award shall be allocated as follows":
| Recipient | Share | Rule |
|---|---|---|
| Prevailing party | 30% | The prevailing party's attorney is paid out of this 30%, as agreed with the client, but "in no event may more than 20 percent of the amount awarded as punitive damages be paid to the attorney for the prevailing party" (31.735(1)(a)) |
| Criminal Injuries Compensation Account (Department of Justice Crime Victims' Assistance Section) | 60% | Usable "only for the purposes set forth in ORS chapter 147"; if the prevailing party is a public entity, this 60% goes to the public entity's general fund instead (31.735(1)(b)) |
| State Court Facilities and Security Account | 10% | Usable only for the purposes in ORS 1.178(2)(d) (31.735(1)(c)) |
The state is a judgment creditor. "Upon the entry of a verdict including an award of punitive damages, the Department of Justice becomes a judgment creditor" for the 60% and 10% shares, and the proposed judgment must identify those judgment creditors (31.735(1), (2)). The prevailing party must give the Department of Justice Crime Victims' Assistance Section in Salem written notice of the verdict and of the judgment "within five days after the entry of the verdict or judgment" (31.735(3)).
Payments go to compensatory damages first. Any payment on a judgment that includes both kinds of damages "shall be applied first to compensatory damages, costs and court-awarded attorney fees awarded against that defendant and then to punitive damages," unless all affected parties, including the Department of Justice, expressly agree otherwise or the judgment's express terms say otherwise (31.735(4)). A judgment creditor that receives a payment must notify the attorney for the other judgment creditors (31.735(5)).
The split has been upheld. In DeMendoza v. Huffman, 334 Or 425, 51 P.3d 1232 (2002), the Oregon Supreme Court reviewed the predecessor statute, former ORS 18.540, and concluded "that a party never obtains a prejudgment property interest in a punitive damages award and, therefore, that ORS 18.540, by allocating 60 percent of such an award to the state, is not 'taking' private property without compensation in violation of Article I, section 18, of the Oregon Constitution." The current section, ORS 31.735, carries 2011 amendments (2011 c.597 and c.689).
Employer liability
In Stroud v. Denny's Restaurant, Inc., 271 Or 430, 532 P.2d 790 (1975), the Oregon Supreme Court held that when an employee commits a wrongful act that would subject the employee personally to punitive damages, "the essential inquiry must be whether the act was committed while the employee was acting within the scope of his employment." If so, "the corporation will be liable for punitive damages regardless of whether that employee may be classified as 'menial.'"
Health practitioners and medical malpractice
ORS 31.740 provides that "punitive damages may not be awarded against a health practitioner" if two conditions are both met:
- The practitioner is licensed, registered or certified in one of the listed categories, which include psychologists, occupational therapists, regulated social workers, physicians, emergency medical services providers, nurses, nurse practitioners, dentists, dental hygienists, denturists, audiologists and speech-language pathologists, optometrists, chiropractors, naturopathic physicians, massage therapists, physical therapists, medical imaging licensees, pharmacists, physician associates, and professional counselors or marriage and family therapists, each under the ORS provisions the section names; and
- The practitioner "was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice."
Both conditions must be met for the bar to apply. A practitioner who acted with malice, outside the scope of practice, or in conduct the license does not regulate is not protected by 31.740. The bar covers the listed individual practitioners; the section's list does not name hospitals or other facilities. For damages limits and deadlines in malpractice cases, see Oregon medical malpractice law.
Wrongful death and the death of a wrongdoer
When the injured person dies. Oregon's wrongful death statute includes punitive damages. Damages may include, "separately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived" (ORS 30.020(2)(e)). The ORS 31.710 noneconomic limit in death cases does not apply to them (31.710(2)), and the ORS 31.735 split applies to the punitive portion of the award like any other.
When the wrongdoer dies. Claims for injury or death "shall not abate upon the death of the wrongdoer," and may proceed against the wrongdoer's personal representatives "as if the wrongdoer had survived, except for those damages provided for in ORS 30.020 (2)(e)" (ORS 30.080), that is, except for the punitive damages a wrongful death action would otherwise include.
Who may bring a death claim, and when, is on the Oregon wrongful death page.
Government defendants
Under ORS 30.269(1), "punitive damages may not be awarded on any claim subject to ORS 30.260 to 30.300," the Oregon Tort Claims Act. Punitive damages also may not be awarded on a petition against the state for compensation for wrongful conviction (ORS 30.657(5)(c)). ORS 31.735(1)(b) separately addresses the reverse situation: when the prevailing party is a public entity, the 60% share otherwise payable to the Criminal Injuries Compensation Account goes to that entity's general fund.
Product liability and drug manufacturers
Product liability. In a product liability civil action, punitive damages are recoverable only as provided in ORS 31.730, and are "determined and awarded based upon" listed criteria (ORS 30.925(1)-(2)). The listed criteria include "the likelihood at the time that serious harm would arise from the defendant's misconduct," "the degree of the defendant's awareness of that likelihood," "the profitability of the defendant's misconduct," and "the duration of the misconduct and any concealment of it."
Drugs approved by the FDA. Where a drug allegedly caused the plaintiff harm, ORS 30.927(1) provides that the manufacturer "shall not be liable for punitive damages" if the drug product was "manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal Food and Drug Administration" under the Federal Food, Drug and Cosmetic Act or the Public Health Service Act, or "is generally recognized as safe and effective pursuant to conditions established by the federal Food and Drug Administration." Two exceptions apply:
- the bar does not apply if the plaintiff proves that the defendant "knowingly in violation of applicable federal Food and Drug Administration regulations withheld from or misrepresented to the agency or prescribing physician information known to be material and relevant to the harm" (30.927(2)); and
- nothing in the section "bars an award of punitive damages where a manufacturer of a drug intentionally fails to conduct a recall required by a valid order of a federal or state agency authorized by statute to require such a recall" (30.927(3)).
Other Oregon statutes on punitive damages
Interception of communications. Under ORS 133.739(1), a person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 or 133.737 may sue anyone who willfully did so and recover "actual damages but not less than damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater," and "punitive damages."
Hospital nursing staff retaliation. When hospital nursing staff sue over retaliation prohibited by ORS 441.181, the court may "award punitive damages as provided in ORS 31.730" (ORS 441.183(1), (2)(f)).
Equal-pay claims. In a wage-discrimination action, if the court grants an employer's motion under ORS 652.235 (based on a good-faith equal-pay analysis completed within three years before the action and reasonable and substantial progress toward eliminating unlawful wage differentials), the court "may not award compensatory or punitive damages" (ORS 652.235(2)(c)).
Does insurance pay punitive damages in Oregon?
It can, depending on the policy. In Harrell v. Travelers Indemnity Co., 279 Or 199, 567 P.2d 1013 (1977), the Oregon Supreme Court held that the policy provisions before it were ambiguous, and that "in the absence of any express exclusion of liability for punitive damages, a person insured by such a policy would have reason to suppose that he would be protected against liability for 'all sums' which the insured might become 'legally obligated to pay' and that the term 'damages' would include all damages, including punitive damages." The holding turns on the policy language and the absence of an express exclusion. The award in Harrell was for reckless driving after drinking; the court also held that the policy's coverage of punitive damages was not void as against public policy, noting that the case did not involve an "intentionally inflicted injury."
Under federal law, punitive damages are generally taxable income, even when they arise from a physical injury (26 U.S.C. 104(a)(2)); the personal injury settlement amounts guide covers taxes.
Oregon punitive damages at a glance
| Question | Oregon rule | Source |
|---|---|---|
| Conduct standard | Malice, or reckless and outrageous indifference to a highly unreasonable risk of harm plus conscious indifference to the health, safety and welfare of others | ORS 31.730(1) |
| Burden of proof | Clear and convincing evidence | ORS 31.730(1) |
| Pleading | Not allowed in the pleading when filed; motion to amend with affidavits showing specific facts adequate to avoid a directed verdict | ORS 31.725 |
| Ability-to-pay discovery | Not until the motion to amend is granted | ORS 31.725(6) |
| General cap | None; rational-juror review and remedial-measures reduction; some claim-specific statutes set their own limits | ORS 31.730(2)-(3); 646.465(3), 465.260(8), 475.435(6), 419A.269(7) |
| State share | 60% to the Criminal Injuries Compensation Account (to a public entity's general fund if it is the prevailing party) and 10% to the State Court Facilities and Security Account; 30% to the prevailing party, with no more than 20% of the punitive award to the attorney | ORS 31.735(1) |
| Employer liability | A corporation is liable for punitive damages for an employee's act committed within the scope of employment | Stroud (Or. 1975) |
| Health practitioners | Barred for listed licensees acting in regulated conduct, within scope of practice and without malice | ORS 31.740 |
| Wrongful death | Included, separately stated, to the extent the decedent could have recovered them | ORS 30.020(2)(e) |
| Wrongdoer's estate | In a wrongful death action, the ORS 30.020(2)(e) punitive damages are not recoverable against the personal representatives of a deceased wrongdoer | ORS 30.080 |
| Oregon Tort Claims Act | Not awarded on any claim subject to ORS 30.260 to 30.300 | ORS 30.269(1) |
| FDA-approved drugs | Manufacturer generally not liable, except for knowing withholding or misrepresentation and intentional failure to conduct a required recall | ORS 30.927 |
| Insurance | An all-sums policy without an express exclusion was read to cover a punitive award for reckless driving; coverage not void as against public policy | Harrell (Or. 1977) |
Recent changes
The core sections are old: ORS 31.725 and 31.730 were formerly ORS 18.535 and 18.537 and show no later amendment, and ORS 31.735 (formerly 18.540) was amended in 2011. The most recent change is to ORS 31.740, the health practitioner list, which was amended in 2021 (2021 c.97) and 2024 (2024 c.73).
Related pages
This article provides general legal information about Oregon punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oregon.
Last updated: 2026-10-18.
Frequently Asked Questions
Does Oregon allow punitive damages?
Yes, under ORS 31.725 to 31.740. They require clear and convincing evidence of malice, or of reckless and outrageous indifference to a highly unreasonable risk of harm combined with conscious indifference to the health, safety and welfare of others (ORS 31.730(1)).
Can a complaint in Oregon include a request for punitive damages?
Not when it is filed. Under ORS 31.725, a party must move to amend the pleading after filing, supported by affidavits setting out specific facts backed by admissible evidence adequate to avoid a directed verdict; the court must hold a hearing within 30 days and decide within 10 days, or the motion is considered denied.
Is there a cap on punitive damages in Oregon?
No general cap. ORS 31.730 requires the court to review a jury award against the range a rational juror could award and allows a reduction for reasonable remedial measures. Some claim-specific statutes set their own limits, for example three times the state's remedial action costs under ORS 465.260(8) and $1,000 under ORS 419A.269(7).
How much of a punitive damages award goes to the state in Oregon?
Under ORS 31.735, 60% goes to the Criminal Injuries Compensation Account and 10% to the State Court Facilities and Security Account, with 30% to the prevailing party. If the prevailing party is a public entity, the 60% share goes to that entity's general fund instead.
How much of an Oregon punitive damages award can an attorney receive?
The attorney is paid out of the prevailing party's 30% share, as agreed with the client, but ORS 31.735(1)(a) provides that in no event may more than 20 percent of the amount awarded as punitive damages be paid to the attorney for the prevailing party.
Are punitive damages available in an Oregon wrongful death case?
Yes. ORS 30.020(2)(e) allows, separately stated, the punitive damages the decedent would have been entitled to recover from the wrongdoer if the decedent had lived, and ORS 31.710(2) exempts punitive damages from the $500,000 wrongful-death noneconomic limit. They cannot be recovered against a deceased wrongdoer's personal representatives (ORS 30.080).
Are punitive damages available against a doctor in Oregon?
Not against a listed licensed health practitioner, including a physician, nurse or dentist, who was engaged in conduct regulated by the license, acting within the scope of practice and acting without malice (ORS 31.740). The bar requires all of those conditions.
Are punitive damages available against an Oregon public body?
No on any claim subject to the Oregon Tort Claims Act: ORS 30.269(1) provides that punitive damages may not be awarded on any claim subject to ORS 30.260 to 30.300. They also may not be awarded on a petition against the state for compensation for wrongful conviction (ORS 30.657(5)(c)).
Does insurance cover punitive damages in Oregon?
It can, depending on the policy. In Harrell v. Travelers Indemnity Co. (1977), the Oregon Supreme Court read a policy covering all sums the insured became legally obligated to pay, with no express exclusion of punitive damages, to include punitive damages, and held that coverage was not void as against public policy. The award was for reckless driving, not an intentionally inflicted injury.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Oregon Revised Statutes, Chapter 30: Actions and Suits in Particular Cases
§ 30.020Action for wrongful death; when commenced; damagesIn forcecited in 7 of our articles
30.020 Action for wrongful death; when commenced; damages. (1) When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent's surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent's domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act o
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at oregonlegislature.gov
Also relied on in: Oregon Wrongful Death Laws (2026): Deadlines & Who Can Sue, Oregon Hit and Run Laws: Penalties and What to Do, Medical Malpractice Laws in Oregon (2026): Deadlines & Caps
Oregon Revised Statutes, Chapter 646: Trade Practices and Antitrust Regulation
§ 646.465Damages for misappropriationIn forcecited in 2 of our articles
(1) A complainant is entitled to recover damages adequate to compensate for misappropriation, unless a material and prejudicial change of position by a defendant prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable. (2) Damages may include both the actual loss caused by misappropriation, and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss, but shall not be less than a reasonable royalty for the unauthorized disclosure or use of a trade secret. (3) Upon a finding of willful or malicious misappropriation, punitive damages may be awarded in an amount not exceeding twice any award made under subsections (1) and (2) of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- State Ex Rel. Sports Management News, Inc. v. Nachtigal (Oregon Supreme Court 1996, 324 Or. 80)“…ion under the Act. The remedies are damages, provided under ORS 646.465, and injunction, provided under ORS 646…”
- Peterson Machinery Co. v. May (Court of Appeals of Oregon 2021, 313 Or. App. 454)“…sappropriation,” and also pro- vides for injunctive relief. ORS 646.465; ORS 646.463. As relevant here, “misapp…”
- Great American Insurance v. Linderman (District Court, D. Oregon 2015, 116 F. Supp. 3d 1183)“…ican’s sixth claim is titled “Unjust Enrichment Pursuant to ORS § 646.465. PL’s 1st Am. Compl. [5] at ¶¶ 9.1-9.6.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Trade Secret Laws: UTSA, Remedies & Deadlines
Oregon Revised Statutes, Chapter 465: Hazardous Waste and Hazardous Materials I
§ 465.260Removal or remedial action; reimbursement of costs; liability; damagesIn force
(1) The Director of the Department of Environmental Quality may undertake any removal or remedial action necessary to protect the public health, safety, welfare and the environment. (2) The director may authorize any person to carry out any removal or remedial action in accordance with any requirements of or directions from the director, if the director determines that the person will commence and complete removal or remedial action properly and in a timely manner. (3) Nothing in ORS 465.200 to 465.485 and 465.900 shall prevent the director from taking any emergency removal or remedial action necessary to protect public health, safety, welfare or the environment. (4) The director may require a person liable under ORS 465.255 to conduct any removal or remedial action or related actions necessary to protect the public health, safety, welfare and the environment. The director’s action under this subsection may include but need not be limited to issuing an order specifying the removal or remedial action the person must take.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 475
§ 475.435Authority of directorIn force
(1) Upon request of a law enforcement agency, the Director of the Department of Environmental Quality: (a) May undertake directly or by contract any cleanup action necessary to protect the public health, safety, welfare and the environment; or (b) May authorize any person to carry out any cleanup action in accordance with any requirements of or directions from the director, if the director determines that the person will commence and complete the cleanup action properly and in a timely manner. However, the director in most circumstances shall not require the law enforcement agency to be responsible for carrying out the cleanup action. (2) Nothing in ORS 475.415 to 475.455, 475.475 and 475.485 shall prevent the director from taking any emergency cleanup action necessary to protect public health, safety, welfare or the environment. (3) The director may require a person liable under ORS 475.455 to conduct any cleanup action or related actions necessary to protect the public health, safety, welfare and the environment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 419A: Juvenile Code: General Provisions and Definitions
§ 419A.269Effect of expunction; confidentiality violations; penaltiesIn force
(1) Upon issuance of a notice of expunction under ORS 419A.267 or entry of an expunction judgment under ORS 419A.261 or 419A.262, the contact that is the subject of the expunged record may not be disclosed by any agency. An agency that is subject to a notice of expunction or an expunction judgment shall respond to any inquiry about the contact by indicating that no record or reference concerning the contact exists. (2) A person who is the subject of a record that has been expunged under ORS 419A.261, 419A.262 or 419A.267 may assert that the record never existed and that the contact that was the subject of the record never occurred without incurring a penalty for perjury or false swearing under the laws of this state. (3)(a) The juvenile department may destroy any records in the juvenile department’s possession relating to the subject person’s contact under ORS 419B.100 if the records are duplicate copies of records maintained by the Department of Human Services. The destruction of records related to the subject person’s contact under ORS 419B.100 pursuant to this paragraph does not constitute expunction.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 441: Health Care Facilities
§ 441.183Remedies for retaliationIn force
(1) A nursing staff aggrieved by an act prohibited by ORS 441.181 may bring an action in circuit court of the county in which the hospital is located. All remedies available in a common law tort action are available to a nursing staff if the nursing staff prevails in an action brought under this subsection and are in addition to any remedies provided in subsection (2) of this section. (2) In an action brought under subsection (1) of this section, a circuit court may do any of the following: (a) Issue a temporary restraining order or a preliminary or permanent injunction to restrain a continued violation of ORS 441.181. (b) Reinstate the nursing staff to the same or equivalent position that the nursing staff held before the retaliatory action. (c) Reinstate full benefits and seniority rights to the nursing staff as if the nursing staff had continued in employment. (d) Compensate the nursing staff for lost wages, benefits and other remuneration, including interest, as if the nursing staff had continued in employment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
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Sources and References
- ORS 31.730, Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures(www.oregonlegislature.gov).gov
- ORS 31.725, Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing(www.oregonlegislature.gov).gov
- ORS 31.735, Distribution of punitive damages; notice to Department of Justice; order of application(www.oregonlegislature.gov).gov
- ORS 30.269, Limitations on awards under Oregon Tort Claims Act generally(www.oregonlegislature.gov).gov
- ORS 31.740, When award of punitive damages against health practitioner prohibited(www.oregonlegislature.gov).gov
- ORS 30.080, Effect of death of wrongdoer(www.oregonlegislature.gov).gov
- ORS 30.925, Punitive damages (product liability)(www.oregonlegislature.gov).gov
- ORS 441.183(2)(f)(www.oregonlegislature.gov).gov
- ORS 31.710, Limitation on award for noneconomic damages in claim for wrongful death(www.oregonlegislature.gov).gov
- ORS 646.465(3)(www.oregonlegislature.gov).gov
- ORS 465.260(8)(www.oregonlegislature.gov).gov
- ORS 475.435(6)(www.oregonlegislature.gov).gov
- ORS 419A.269(7)(www.oregonlegislature.gov).gov
- Honda Motor Co. v. Oberg, 512 U.S. 415 (1994) (U.S. Reports)(tile.loc.gov).gov
- DeMendoza v. Huffman, 334 Or 425, 51 P.3d 1232 (2002)(www.courtlistener.com)
- ORS 30.020, Action for wrongful death; when commenced; damages(www.oregonlegislature.gov).gov
- ORS 30.927, When manufacturer of drug not liable for punitive damages; exceptions(www.oregonlegislature.gov).gov
- ORS 133.739, Civil damages for willful interception, disclosure or use of communications(www.oregonlegislature.gov).gov
- Harrell v. Travelers Indemnity Co., 279 Or 199, 567 P.2d 1013 (1977)(www.courtlistener.com)
- 26 U.S.C. 104, Compensation for injuries or sickness(www.govinfo.gov).gov
- ORS 652.235, Equal-pay analysis; remedies(www.oregonlegislature.gov).gov
- ORS 30.657, Petition for compensation for wrongful conviction(www.oregonlegislature.gov).gov
- Stroud v. Denny's Restaurant, Inc., 271 Or 430, 532 P.2d 790 (1975)(static.case.law)
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