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JAMES v. PACIFICORP

A179027.

524 P.3d 506 (2023)

323 Or. App. 764

Jeanyne JAMES; Robin Colbert; Wendell Carpenter; Jane Drevo; Sam Drevo; Brooke Edge and Bill Edge, Sr.; Lori Fowler; Iris Hampton; James Holland; Rachelle McMaster; Kristina Montoya; Northwest River Guides, LLC; Jeremy Sigel; Shariene Stockton and Kevin Stockton, individually and on behalf of all others similarly situated, Plaintiffs-Respondents, v. PACIFICORP, an Oregon corporation; and Pacific Power, an Oregon registered electric utility and assumed business name of PacifiCorp, Defendants-Appellants.

Court of Appeals of Oregon.

January 25, 2023.

Attorney(s) appearing for the Case

Brad S. Daniels , Portland, argued the cause for appellants. Also on the supplemental brief were Per A. Ramfjord , Crystal S. Chase , and Stoel Rives LLP.

Matthew J. Preusch argued the cause for respondents. Also on the supplemental brief were Daniel Mensher , Natida Sribhibhadh , Yoona Park , and Keller Rohrback L.L.P.; Keith A. Ketterling , Timothy S. DeJong , Cody Berne , and Stoll Stoll Berne Lokting & Shlachter P.C.; Nicholas A. Kahl and Nick Kahl, LLC; and Derek C. Johnson , Marilyn A. Heiken , and Johnson Johnson Lucas & Middleton, PC.

Nadia H. Dahab and Sugerman Dahab filed the memorandum amicus curiae for Oregon Trial Lawyers Association.

Before Egan, Presiding Judge, and Lagesen, Chief Judge, and Kamins, Judge.

This matter arises out of a putative class action against PacifiCorp and Pacific Power (PacifiCorp), for allegedly causing or contributing to four wildfires that occurred over the 2020 Labor Day weekend. The trial court conditionally certified an issues-based class pursuant to ORCP 32, comprised of people who were living within the fire...

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