STRUNK v. PUBLIC EMPLOYEES RETIREMENT BD.

SC S50593 (Control), S50647, S50645, S50686.

139 P.3d 956 (2006)

341 Or. 175

Richard STRUNK, Donald Reed, Carol Booker, Larry Blumenstein, Alan Lively, Merlene Martin, William Smee, Denise Jacobsen, and Susanna Rhodes, Petitioners, v. PUBLIC EMPLOYEES RETIREMENT BOARD, State of Oregon, State of Oregon by and through the State Board of Higher Education, North Douglas School District, Deschutes County, Portland School District, City Of Salem, South Lane School District, Oregon Health Sciences University, Respondents. Pamela Burt, Nori J. McCann-Cross, Gerald Frost, Nancy B. Miller, Bradd A. Swank, Linda Zuckerman, Vicky J. Johnson, Stephen D. Krohn, and Claudia L. Howells, Petitioners, v. Public Employees Retirement Board, Marion County, Oregon Department of Justice, Oregon Department of Transportation, Oregon Judicial Department, and State of Oregon, Respondents. Dave Dahlin, Petitioner, v. Public Employees Retirement Board (Dawn Morgan, Janice Deringer, Mark Gardiner, Jeanne Garst, Glenn Harrison, Todd Schwartz, George Russell, Steven Bjerke), Theodore Kulongoski, Governor, State of Oregon, Respondents, and League of Oregon Cities and Oregon School Boards Association, Intervenors. Martha Sartain, Petitioner, v. Public Employees Retirement Board, State of Oregon, and State Of Oregon, by and through the Oregon Department of Transportation, Respondents, and League of Oregon Cities and Oregon School Boards Association, Intervenors.

Supreme Court of Oregon, En Banc.

July 20, 2006.


Attorney(s) appearing for the Case

Gregory A. Hartman and Aruna A. Maish, Bennett, Hartman, Morris & Kaplan, LLP, Portland, filed the petition and reply for petitioners Richard Strunk, Donald Reed, Carol Booker, Larry Blumenstein, Alan Lively, Merelene Martin, William Smee, Denise Jacobsen, and Susanna Rhodes.

J. Michael Alexander, Swanson, Lathen, Alexander & McCann, PC, Salem, filed the petitions and reply for petitioners Pamela Burt, Nori J. McCann-Cross, Gerald Frost, Nancy B. Miller, Bradd A Swank, Linda Zuckerman, Vicky J. Johnson, Stephen D. Krohn, and Claudia L. Howells.

Richard J. Birmingham, Birmingham, Thorson & Barnett, PC, Seattle, Washington, argued the cause and filed the petition and reply for petitioner Dave Dahlin.

Brian R. Talcott, Scott A. Jonsson, and James M. Hillas, Dunn, Carney, Allen, Higgins & Tongue, LLP, Portland, filed the petition and reply for petitioner Martha Sartain.

Emily R. Epstien, pro hac vice, and Joseph M. Malkin, pro hac vice, of Orrick, Herrington & Sutcliffe, LLP, San Francisco, California, filed the objection to attorney fees and costs for respondent Public Employees Retirement Board.

Stephen S. Walters, Special Counsel, State of Oregon and Charles F. Hinkle, Jeremy D. Sacks, and Amy E. Edwards of Stoel Rives, LLP, Portland, filed the objections to petitions for attorney fees and costs for respondents State of Oregon, State Board of Higher Education, Marion County, Oregon Department of Justice, Oregon Department of Transportation, Oregon Judicial Department, Theodore Kulongoski.

William F. Gary, Sharon A. Rudnick, and Karla Alderman, Harrang Long Gary Rudnick, PC, Eugene, filed the objections to petitions for attorney fees and costs for respondents North Douglas School District, Deschutes County, Portland School District, City of Salem, South Lane School District, Oregon Health Sciences University, League of Oregon Cities, Oregon School Boards Association.


DE MUNIZ, C.J.

This matter is before this court on petitions for an award of attorney fees. Attorneys for petitioners—the public employees who challenged various statutory enactments revising the terms of their employee pension plans—request fees and costs related to the litigation that culminated in this court's opinion in Strunk v. PERB, 338 Or. 145, 108 P.3d 1058 (2005). We hold...

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