Not Comppany Lexis Advance subscriber? Try it out for free. If a tort permits liability for the content of speech, punitive damages are not recoverable. If a tort permits liability for speech-caused harm, then a defendant who requests it is entitled to an instruction limiting the tortious predicate for punitive damages to conduct not protected Logglng the free speech provision of Oregon Const.

If a tort permits liability for harm not caused by speech, but the defendant contends that Oregon Const. Thereafter, defendants were charged and convicted with criminal mischief. Subsequently, plaintiff filed a civil action against the defendants, praying for compensatory damages and punitive damages.

Defendants conceded Red Truck Moving Company Bedding for compensatory damages, but denied liability for punitive damages. According to the defendants, Article I, Sections 8 and 26 of the Oregon Constitution and the First and Fourteenth Amendments to the Constitution of the United States precluded the imposition of punitive damages for their actions. On the same ground, defendants later moved for Kaiser Chiefs Misery Company summary judgment and for a directed verdict.

The trial court denied each motion and submitted plaintiff's claim Huffman And Wright Logging Company punitive damages to the jury. Defendants did not request an instruction that would have limited the jury's consideration to punitive damages based on non-expressive conduct. Defendants moved for judgment notwithstanding the verdict on the claim for punitive damages, continuing to assert the same constitutional theories.

The trial court denied that motion and entered judgment for plaintiff. On appeal, defendants reiterated that punitive damages were constitutionally barred in Hufvman present case. Taking into consideration the circumstances of the case at hand, were punitive damages constitutionally barred? Constitution, because their trespassory acts were "non-expressive. Further, the court noted that the defendants could have requested a jury instruction limiting the tortious predicate for punitive damages to conduct not protected by the free speech provisions, but failed to do so.

The Huffman And Wright Logging Company held that the award of punitive damages did not interfere with the members' right to assemble in violation of Oregon Const. Wade - Or. Search for other Case Briefs.