DREYER v. PGE

(CC 03 C10639, 03 C10640; SC S52217, S52284).

142 P.3d 1010 (2006)

341 Or. 262

Phil DREYER, Frank Gearhart and Kafoury Bros. LLC, an Oregon limited liability corporation, and as potential class representatives, Plaintiffs-Adverse Parties, v. PORTLAND GENERAL ELECTRIC COMPANY, Defendant-Relator, Patricia Morgan, an individual, and as representative of the class of similarly situated electric service customers of Portland General Electric Company between certain periods of time, Plaintiff-Adverse Party, v. Portland General Electric Company, Defendant-Relator.

Supreme Court of Oregon.

Decided August 31, 2006.


Attorney(s) appearing for the Case

Barbee B. Lyon, of Tonkin Torp LLP, Portland, argued the cause and filed the briefs for defendant-relator.

Daniel W. Meek and Linda K. Williams, Portland, argued the cause and filed the brief for plaintiffs-adverse parties. With them on the brief was Phil Goldsmith.

Mark McDougal, filed the brief for amicus curiae Utility Reform Project.

James N. Westwood, of Stoel Rives LLP, Portland, filed the briefs for amici curiae Northwest Natural Gas Company, Edison Electric Institute, PacifiCorp, Idaho Power Company, and Avista Corporation.

Erika L. Hadlock, Assistant Solicitor General, filed the brief for amicus curiae State of Oregon. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul A. Graham, Assistant Attorney General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.


GILLETTE, J.

In these consolidated actions against defendant Portland General Electric Company (PGE) brought by current and former customers of that utility, PGE asks this court to issue writs of mandamus ordering the Marion County Circuit Court to dismiss plaintiffs' actions and to vacate an order certifying plaintiffs as a class. PGE contends, among other things, that the circuit court lacks jurisdiction to hear the actions...

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