Robert FROEBER, Brenda Getz, and Vikki Baker, guardian and next friend of Chris Baker, a minor, Plaintiffs-Respondents, and
Mindy Gathings, Plaintiff,
v.
LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Group, Liberty Mutual Holding Company, Inc., and Liberty Mutual Fire Insurance Company, Defendants-Respondents, and
Dr. Douglas Uhl, Intervenor-Respondent, and
Vincent Giordano, Judy Johnson, Lucy L. Hitchcock, and
Kimberley A. Bahel, Objectors-Appellants.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted October 19, 2007.
Decided September 10, 2008.
Attorney(s) appearing for the Case
John S. Spadaro argued the cause for objectors-appellants. On the opening brief were Conrad E. Yunker and Conrad E. Yunker, P.C., Salem. With them on the reply brief was John S. Spadaro.
Terrell W. Oxford argued the cause for respondents Robert Froeber, Brenda Getz, and Vikki Baker. With him on the brief were Susman Godfrey LLP; Daniel J. Gatti and Gatti, Gatti, Maier, Krueger, Sayer & Assoc., Salem; Tom D'Amore and D'Amore & Associates, Portland; and James Nelson and Nelson & MacNeil, Albany.
Russell R. Yager argued the cause for respondents Liberty Mutual Insurance Company, Liberty Mutual Group, Liberty Mutual Holding Company, Inc., and Liberty Mutual Fire Insurance Company. With him on the brief were Gabriela Gallegos and Vinson & Elkins, LLP, and Jan K. Kitchel, Andrew J. Lee, and Schwabe, Williamson & Wyatt, P.C., Portland.
No appearance for intervenor-respondent.
Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.
Court of Appeals of Oregon.
ARMSTRONG, J.
In this case, objectors to a class-action settlement appeal the trial court's approval of a settlement agreement. ORCP 32 D.1 Specifically, objectors argue that the trial court erred by approving a settlement that (1) purported to release unpleaded claims that did not arise from the same factual predicate as the claims pleaded in the underlying class action and (2) provided inadequate and misleading notice as to claims that...
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