Did the Punitive Damages Exceed the Limit Defined by Oklahoma Law?
Conoco next asserts that the punitive damage award exceeds the limits imposed under Oklahoma law. Our review is limited to plain error because Conoco did not present this argument to the district court. Okla. Stat. tit. 23, ยง 9.1(C) provides as follows: Category II. Where the jury finds by clear and convincing evidence that: 1. The defendant has acted intentionally and with malice towards others; . . . . the jury, in a separate proceeding conducted after the jury has made such finding and awarded actual damages, may award exemplary damages in an amount not to exceed the greatest of: a. Five Hundred Thousand Dollars ($500,000.00), b. twice the amount of actual damages awarded, or c. the increased financial benefit derived by the defendant or insurer as a direct result of the conduct causing the injury to the plaintiff and other persons or entities. The trial court shall reduce any award for punitive damages awarded pursuant to the provisions of subparagraph c of this paragraph by the am
