Oregon Wildfire Survivors Fight to Save Their $1.2 Billion Award at Supreme Court Tomorrow

The Oregon Supreme Court will hear arguments Tuesday, November 3, in the class action James v. PacifiCorp, a case that could determine the future of more than $1.2 billion in damages awarded to survivors of four devastating 2020 wildfires.

Tuesday’s Supreme Court Hearing Puts Wildfire Compensation Back in Focus

The hearing concerns a disputed jury instruction that led an appeals court to overturn a landmark liability verdict against electric utility PacifiCorp, leading to a review.

In June 2023, a jury found PacifiCorp grossly negligent, reckless, and willful in its conduct toward 17 named plaintiffs and the wider class.

Subsequent jury verdicts awarded a total of approximately $1.25 billion in net damages to 201 plaintiffs, according to Berkshire Hathaway’s second-quarter financial disclosure. The awards include economic losses, noneconomic damages, and punitive damages.

The awards remain in the appeals process. In the same filing, PacifiCorp reported that it had posted bonds totaling $719 million to cover judgments involving 129 plaintiffs while the appeals proceed.

A Disputed Jury Instruction Threatens the Liability Ruling in James Case

On April 8, the Oregon Court of Appeals reversed the Phase I liability verdict and sent the case back to the trial court. It ruled that jurors had been improperly instructed that they could assume evidence presented at trial applied to all class members.

The case involves four fires: the Santiam Canyon Fire, Echo Mountain Complex Fire, South Obenchain Fire, and 242 Fire.

The appeals court said evidence concerning particular fires and ignition locations did not necessarily apply across the entire class. It concluded that the instruction was prejudicial to PacifiCorp because it created some likelihood that the jury had reached an erroneous result.

The court did not decide PacifiCorp’s challenges to class certification and certain damages questions. It did reject the utility’s separate argument that it was entitled to judgment for lack of evidence connecting it to every class member’s harm.

PacifiCorp, meanwhile, maintains that the plaintiffs failed to prove it caused harm to every class member and supports the appellate court’s decision.

The plaintiffs petitioned the Oregon Supreme Court to review the ruling, and the court agreed to hear the case.

The dispute extends beyond the 201 plaintiffs with damages awards. PacifiCorp reported that 1,760 class members had filed nine additional mass complaints between April 2024 and January 2026, relying on the original liability verdict.

Tuesday’s one-hour hearing is scheduled for 1:30 p.m. at the Oregon Supreme Court in Salem. The justices’ eventual decision could have significant implications for the continuing litigation and the survivors seeking compensation.