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PEARSON v. PHILIP MORRIS, INC.

0211-11819; A131606.

145 P.3d 298 (2006)

208 Or. App. 501

Marilyn C. PEARSON and Laura Grandin, individually and on behalf of all similarly-situated persons, Appellants, v. PHILIP MORRIS, INC., nka Philip Morris USA, Inc., Respondent, and Philip Morris Companies, Inc., Defendant.

Court of Appeals of Oregon.

October 11, 2006.

Attorney(s) appearing for the Case

David F. Sugerman, Portland, and Paul & Sugerman, PC, for application.

William F. Gary, Eugene, and Harrang Long Gary Rudnick P.C. for response.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.

BREWER, C.J.

Plaintiffs seek interlocutory review of the trial court's order denying their motion for class certification in this tobacco products litigation brought under the Unlawful Trade Practices Act (UTPA). We write to address the operation of the class action interlocutory appeal statute, ORS 19.225, which provides:

"When a circuit court judge, in making in a class action under ORCP 32 an order not otherwise appealable, is of the opinion that such...

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