PacifiCorp Fire Litigation: Oregon Labor Day Wildfires
Case Updates
In an historic verdict on June 12, 2023, a jury in Portland held PacifiCorp accountable for the devastating fires that swept across Oregon on Labor Day 2020. The jury found PacifiCorp liable for damages the class suffered from four fires: the Santiam Canyon Fire, the Echo Mountain Complex Fire, the South Obenchain Fire, and the 242 Fire.
The jury also determined that PacifiCorp must compensate the named class representative for the harms they suffered to their property and possessions, as well as awards of between $3-$4.5 million dollars to compensate the named Plaintiffs for the non-economic harms they suffered.
At the punitive damages phase of the trial, the same jury determined that PacifiCorp should be held liable for punitive damages in the amount of 0.25 times the amount of economic and noneconomic damages awarded.
Following the liability and punitive damages trial, the Court proceeded to Phase II of the case to determine damages for individual class members. To date, nineteen Phase II jury trials have proceeded regarding the damages claims for about 200 individual plaintiffs. In these trials, juries have found PacifiCorp responsible for over $1 billion in economic and noneconomic damages.
PacifiCorp appealed the June 2023 Phase I verdict, as well as all Phase II verdicts in the mini damages trials.
Recent Oregon Court of Appeals decision
On April 8, 2026, the Oregon Court of Appeals identified a procedural error in the underlying Phase I liability jury trial. Specifically, it held that the trial court improperly instructed the jury that it could assume evidence relating to certain class members applied to the entire class. As a result, the Court of Appeals reversed the jury’s verdict and remanded the case for further proceedings.
Importantly, the Court did not find that there was insufficient evidence to support causation against PacifiCorp, did not find that class certification was wrong, and did not rule that non-economic damages are unavailable. The reversal was based solely on the erroneous jury instruction regarding how class evidence should be evaluated. The decision did, however, result in a temporary stay of the scheduled damages trials by Judge Alexander.
Appeal to the Oregon Supreme Court
Plaintiffs intend to seek review by the Oregon Supreme Court. While that petition is pending, the Court of Appeals decision is not expected to take immediate effect, meaning any existing verdicts or judgments should remain in place during the appeal process. If the Oregon Supreme Court takes up review, the trial court may lift the temporary stay to continue the damages trials. The Court scheduled a hearing to address these issues on May 22, 2026.
Case History
In May 2022, Judge Alexander granted Plaintiffs’ motion to certify a “class” in the case. This allowed the key liability issues in this case to be resolved in one classwide trial, leaving only the amount of each plaintiff’s damages to be determined afterward in individual mini-trials or some other procedure.
The certified class is defined as:
- All (A) owners or residents, as of September 7, 2020, of any privately owned real property; that is wholly or partially within the boundary of the maximum extent of burn for the Echo Mountain (including the fire formerly known as the Kimberling Fire), South Obenchain, or 242 fires, or for the Santiam Canyon fires that is wholly or partially within the boundary, and experienced fire activity during those fires; or
- (B) owners of a motorhome, residential trailer, manufactured dwelling, other mobile home, or any other personal property that, as of September 7, 2020, was located on any property in the same area, that experienced fire activity during those fires; and whose motorhome, residential trailer, manufactured dwelling, other mobile home, or any other personal property, experienced fire damage during those Fires.
Judge Alexander also granted the Plaintiffs’ request to consolidate several cases pending in Multnomah County Circuit Court arising out of the Labor Day 2020 fires and to appoint Keller Rohrback, Stoll Berne, and Edelson as Lead Counsel.
In October 2022, notification was sent to class members regarding class certification. More information, including a copy of the Long Form Notice and the fire map boundaries, can be found on the Notice Administrator website or in the Case Documents section below.
Case Overview
On September 30, 2020, Keller Rohrback L.L.P., Stoll Berne, and Nick Kahl, LLC filed a class action lawsuit against PacifiCorp and Pacific Power for the catastrophic damage to homes, businesses, schools, and entire communities allegedly caused by the power companies’ negligence and downed power lines during the devastating fires that ignited in Oregon during Labor Day weekend of 2020. The case was filed in Multnomah County Circuit Court on behalf of Plaintiffs Jeanyne James and Robin Colbert. On April 17, 2023, the firms filed an amended complaint adding additional plaintiffs from around the state and seeking damages of over $600 million.
The complaint alleges that PacifiCorp and Pacific Power failed to properly maintain and operate their electrical infrastructure, thus setting the stage for tragic losses in the very communities these utilities served. As a result, downed power lines accounted for a significant portion of the fire damage that community members suffered.
The complaint also alleges that PacifiCorp and Pacific Power wholly failed to take simple measures, such as de-energizing their electrical equipment, that could have prevented these tragic losses—measures undertaken by other utilities. For example, the elementary school in Gates, Oregon, used by firefighters as a command center, was completely destroyed by fires related to downed power lines that were not de-energized.
A copy of the Fifth Amended Class Action Complaint is available in the Case Documents section below.
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