Berkshire-owned utility urges Oregon top court against 'mammoth' wildfire class action
Oregon's Supreme Court heard arguments over whether to revive verdicts that awarded $1.25 billion to 201 plaintiffs suing Berkshire Hathaway-owned PacifiCorp over four 2020 wildfires. More than 2,400 plaintiffs are seeking damages, which could reach tens of billions of dollars.
1. Court hears appeal
Oregon residents and business owners are asking the state's Supreme Court to reverse an appeals court decision that set aside the jury's liability verdict and $1.25 billion in awards to 201 plaintiffs. The case concerns four 2020 wildfires and more than 2,400 plaintiffs who blame PacifiCorp equipment and its alleged failure to shut down power lines for damage to more than 2,000 properties.
2. Dispute over class action
PacifiCorp lawyer Ted Boutrous called the class action unprecedented and argued that the jury instruction behind the verdict was a mistake. Plaintiffs' lawyer Nicholas Rosinia said common evidence, including PacifiCorp's alleged failure to insulate power lines, maintain vegetation or plan power shutoffs, supported the verdict. PacifiCorp denies negligence and says the fires were more than 100 miles apart.
3. Potential exposure
The appeals court also suggested reconsidering class certification, which could return the litigation to square one. Through June 30, PacifiCorp had reached about $2.9 billion in settlements with claimants outside the certified class and with the federal government over wildfires on federal land. Berkshire CEO Greg Abel has said large wildfire payouts endanger the utilities' regulatory compact.
