CLARK v. EDDIE BAUER LLC

(SC S069438).

532 P.3d 880 (2023)

371 Or. 177

Susan CLARK, for herself and/or on behalf of all others similarly situated, Appellant, v. EDDIE BAUER LLC and Eddie Bauer Parent, LLC, Appellees.

Supreme Court of Oregon.

June 29, 2023.


Attorney(s) appearing for the Case

Che Corrington , Hattis & Lukacs, Bellevue, Washington, argued the cause and filed the briefs for appellant.

Michael Vatis , Steptoe & Johnson LLP, New York, New York, argued the cause and filed the brief for appellees. Also on the brief was Sara Kobak , Schwabe, Williamson & Wyatt, PC, Portland.

Christopher A. Perdue , Assistant Attorney General, Salem, filed the brief for amicus curiae Oregon Department of Justice. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Chris Mertens , Mertens Law LLC, Portland, filed the brief for amicus curiae Oregon Consumer Justice. Also on the brief was Kelly Jones , The Law Office of Kelly D. Jones, Portland.

Nadia H. Dahab , Sugerman Dahab , Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Anna-Rose Mathieson , Complex Appellate Litigation Group LLP, San Francisco, California, filed the brief for amici curiae Chamber of Commerce of the United States of America, National Retail Federation, Retail Litigation Center, and Oregon Business & Industry Association.

Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, and Bushong, Justices, and Balmer and Walters, Senior Judges, Justices pro tempore.


Under Oregon's Unlawful Trade Practices Act (UTPA), ORS 646.605 to 646.656, a person who suffers an "ascertainable loss of money or property" as a result of another person's violation of the UTPA may maintain a private action against that person. ORS 646.638(1). This case, which comes before us on a certified question of Oregon law from...

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