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STEWART v. ALBERTSON'S, INC.

A166857.

481 P.3d 978 (2021)

308 Or. App. 464

Schearon STEWART and Jason Stewart, individually and on behalf of all similarly-situated persons, Plaintiffs-Appellants, v. ALBERTSON'S, INC., Defendant, and Albertson's Companies LLC, a foreign limited liability company; Albertson's LLC, a foreign corporation; and Safeway, Inc., a foreign business corporation, Defendants-Respondents.

Court of Appeals of Oregon.

January 13, 2021.

Attorney(s) appearing for the Case

Travis Eiva , Portland, argued the cause for appellants. Also on the briefs were David F. Sugarman and Tim Quenelle .

Andrew Escobar , Washington, argued the cause for respondents. Also on the brief were Austin Rainwater and DLA Piper LLP, Washington.

Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge.

This appeal presents questions of first impression concerning a class-action procedure unique to Oregon: the so-called "notice and cure" process under ORCP 32 H and I. Plaintiffs are consumers who purchased meat from defendants' supermarkets on a "buy one get one free" basis. They brought class-action claims for damages alleging that...

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