JOARNT v. AUTOZONE, INC.

(CC 0503-02795; CA A131776; SC S53902).

166 P.3d 525 (2007)

343 Or. 187

Richard JOARNT and Bert Yamaoko, individually and on behalf of all others similarly situated, Petitioners on Review, v. AUTOZONE, INC., a foreign corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided August 16, 2007.


Attorney(s) appearing for the Case

Jacqueline L. Koch, Koch & Deering, Portland, argued the cause and filed the briefs for petitioners on review. With her on the briefs were J. Dana Pinney, and Bailey, Pinney & Associates, Vancouver.

Scott G. Seidman, Tonkon Torp LLP, Portland, argued the cause and filed the briefs for respondent on review. With him on the briefs was Sonja L. Henning.

David F. Rees, Stoll Stoll Berne Lokting & Shlachter P.C., Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association. With him on the brief was Mark A. Friel.


DURHAM, J.

This case requires that we clarify the circumstances pursuant to which litigants involved in a class action under ORCP 32 may seek interlocutory appellate review of a nonfinal order of the trial court under ORS 19.225, which we quote below. In this case, plaintiffs seek review of a Court of Appeals order that denied their application for leave to file such an interlocutory appeal in that court. The court took the view that it did not have jurisdiction to...

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