Ostad v. Oregon Health Sciences University

327 F.3d 876 David H. OSTAD, Plaintiff-Appellee, v. OREGON HEALTH SCIENCES UNIVERSITY, an Oregon public corporation; Alan Seyfer, individually & in his official capacity as Chief of the Division of Plastic and Reconstructive Surgery, Defendants-Appellants. No. 00-36060. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 5, 2002. Filed April 28, 2003. COPYRIGHT MATERIAL OMITTED Barbee B. Lyon, Peter H. Koehler, Karin L. Guenther, and Scott G. Seidman, Tonkon Torp LLP, Portland, OR, for the defendants-appellants. Scott N. Hunt & Richard C. Busse, Busse & Hunt, Portland, OR, for the plaintiff-appellee. Appeal from the United States District Court for the District of Oregon; Ancer L. Haggerty, District Judge, Presiding. D.C. No. CV-98-01091-ALH. Before: B. FLETCHER, O'SCANNLAIN, and BERZON, Circuit Judges. Opinion by Circuit Judge BETTY B. FLETCHER. Opinion concurring in part, and dissenting in part by Circuit Judge BETTY B. FLETCHER, Circuit Judge. 1 Appellants Oregon Health Sciences University (OHSU) and Dr. Alan Seyfer appeal following a jury award of both compensatory and punitive damages in favor of Dr. David Ostad. We affirm. 2 Ostad, a former…