James et al. v. PacifiCorp, Inc.

Appellate review of class certification may be granted when preliminary qualifications regarding the case are met and judicial discretion allows for it. ORS 19.225 (1976).

PacifiCorp sought interlocutory appellate review of the class certification granted to people living within the fire boundaries or damaged by fires over the 2020 Labor Day weekend. PacifiCorp sought interlocutory appellate review and raised the question of “whether common issues predominate over any issues affecting only individual class members.” James v. PacifiCorp, Inc., 323 Or App 764, 767 (Or. Ct. App. 2023). The Appellate Commissioner denied appellate review because this was not found to be a controlling question required under ORS 19.225. The Court granted reconsideration and at the first step of the analysis found that all three ORS 19.225 prerequisites were fulfilled. At the second step of ORS 19.225, the court decided whether to exercise discretion for permitting or denying the appeal. Modeled after the federal system, ORS 19.225 uses three class certification categories that warrant interlocutory appeal: “(1) an order that will effectively terminate the litigation, (2) an appeal that presents an unsettled and fundamental issue of law, and (3) and order that is manifestly erroneous.” Id. at 773. The Court found this case does not qualify under these categories and declined appellate review of the class certification. PREVIOUS ORDER ADHERED TO.