$1 Billion Oregon Wildfire Verdict Against PacifiCorp Overturned on Appeal

The Oregon Court of Appeals sent the June 2023 James class-action wildfire verdict against PacifiCorp, related to the Labor Day 2020 wildfires, back to the original trial court yesterday after finding the court gave the jury flawed instructions. This leaves over $1 Billion in claims in limbo.

Pacificorp Wildfire Class Action Lawsuit Returns To Initial Court

The Appeals Court sent the lawsuit back to the trial court yesterday after finding that jury members were wrongly instructed on how to apply the evidence to all 2,500 class members, a ruling deemed prejudicial to PacifiCorp.

The utility company confirmed that the decision supports its belief that the original process was prejudicial and inappropriate for managing wildfire litigation.

Theodore J. Boutrous Jr., Counsel for PacifiCorp, said that the series of errors committed was highly detrimental to PacifiCorp and resulted in extreme and unsupportable verdicts.

He said, “We are extremely pleased with this decision, which overturns the class action verdict in its entirety based on an erroneous and prejudicial jury instruction.”

Pacificorp said in a statement that they remain open to resolving reasonable claims but will continue to defend against unsupported claims.

The company indicated that holistic solutions are critical to addressing the ongoing challenge and that it has a comprehensive wildfire mitigation program.

PacifiCorp continues to invest in prevention initiatives, including situational awareness, protective operational practices, advanced monitoring technologies, enhanced vegetation management, and system strengthening.

Several Wildfire Class Action Suits Against PacifiCorp Are Still Unresolved

PacifiCorp’s win in the James appeal does not end PacifiCorp’s wildfire exposure. Aside from the James claimants, more than 1,000 class members were still awaiting trial dates in 2026 and 2027, even before this ruling sent the case back for more proceedings.

The James action- seen as a major case- is the 15th trial to conclude so far, but another 167 trials are scheduled through 2027.

PacifiCorp has settled roughly 70% to 90% of individual claims, totaling nearly 4,500 claims and $2.2 billion in payments, and has said it remains willing to settle “reasonable claims” for other 2020 fires, including the Echo Mountain, South Obenchain, and 242 fires.

The April 2026 appeals court ruling could pause or reshape the 160+ damage trials that were previously scheduled.