blog - Stoll Berne | Attorneys | Class-Action, Securities, IP, Real Estate, Business Litigation

A major class action lawsuit aimed at overhauling Alaska’s troubled foster care system has cleared a key legal hurdle, allowing the case to proceed. Filed by advocacy groups including the ACLU of Alaska and national nonprofit groups like Children’s Rights, the lawsuit represents more than 3,000 children currently in state custody. Plaintiffs allege that Alaska’s Department of Health has failed to provide stable placements, timely mental health services, and proper case management—violations that have led to children cycling through dozens of placements or being sent out of state due to capacity issues. One youth named in the case reportedly experienced over 40 different placements, illustrating the instability the suit seeks to address.

Data from the lawsuit claims that nearly 25% of Alaska’s foster children experience five or more placements during their time in care, and over 100 children have been sent out of state in recent years due to a lack of in-state treatment facilities. Additionally, reports indicate that about 40% of children in the system are not receiving the mandated mental health services, contributing to prolonged trauma and instability. By moving forward, the lawsuit pushes the state closer to meaningful reform and shines a spotlight on the urgent need for a more accountable and adequately resourced foster care infrastructure. The case could set a national precedent in ensuring systemic reform is not just promised—but enforced.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

The Oregon Supreme Court ruled on April 4, 2025, that a class-action lawsuit against the Tillamook County Creamery Association can move forward. The lawsuit, originally filed in 2020, claims that Tillamook misled consumers by branding its dairy products as coming from small, family-owned farms in Tillamook County. In reality, the majority of its milk is sourced from large-scale factory farms in Eastern Oregon. The court’s decision reverses an earlier dismissal by a lower court, opening the door for plaintiffs to pursue their false advertising claims.

Plaintiffs argue that Tillamook’s marketing gave consumers the impression they were supporting local, small-scale agriculture, when in fact they were unknowingly supporting industrial farming operations. The Supreme Court’s ruling underscores the legal importance of truth in advertising and could set a significant precedent for how food companies promote their sourcing and ethical practices. As the case proceeds, it will likely draw increased public attention to transparency and accountability in the food industry.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Join Us for Our Next CLE in the Impact Litigation Series

We invite you to our upcoming CLE in the Impact Litigation series, presented by Elizabeth Kinsman and Maddie Holmes. This hybrid event will take place on Thursday, May 1, 2025, from 12:00 to 1:00 PM.

We have 25 in-person spots available, and lunch will be provided for all in-person attendees. For those unable to attend in person, a Zoom link will be available for remote participation.

RSVP Instructions:
Please indicate your attendance preference (in-person or virtual) when you RSVP. To RSVP or for any questions, contact us at rsvp@stollberne.com.

We look forward to your participation!

Edison International, the parent company of Southern California Edison (SCE), is facing a class-action lawsuit from shareholders who claim the company misled them about its wildfire prevention efforts. The lawsuit alleges that Edison provided false assurances regarding its de-energization strategies, which were meant to mitigate wildfire risks during extreme weather. This legal action comes in the wake of the Eaton Fire, which ignited on January 7, 2025, in Altadena, California. The fire, fueled by strong Santa Ana winds, burned thousands of acres, destroyed thousands of structures, and resulted in multiple fatalities.

The shareholders argue that despite Edison’s public claims of taking preventive measures, the company failed to shut off power lines near the fire’s origin, potentially contributing to the disaster. Following the fire, Edison’s stock value dropped significantly—by roughly 34%. The lawsuit seeks damages for investors who purchased shares between February 2021 and February 2025.

This case highlights the growing scrutiny on utility companies operating in wildfire-prone regions and their responsibilities to both the public and investors. The outcome of the lawsuit could impact Edison’s financial stability and force the company to reevaluate its wildfire prevention policies.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

On Tuesday, March 18, Lewis & Clark Law School will host Celebrating Women in the Law, a panel talk about what it’s like to be a woman in the legal field today.

The panel features three experienced lawyers: Emily Johnson (Stoll Berne), Deena Sajitharan (Pickett Dummigan Weingart), and Ashlee Albies (Albies & Stark). They work in areas like environmental law, medical malpractice, workplace discrimination, and sexual assault cases. The discussion will cover the challenges women lawyers face, especially in today’s political environment and how they’re making an impact.

The event, organized by the Women’s Law Caucus, Plaintiff’s Law Association, and Phi Theta Kappa, starts at 12 p.m. in McCarty Room 4 at Lewis & Clark Law School.

Maddie Holmes, an associate at Stoll Berne, won this year’s Associate Award for her dedication to the Campaign for Equal Justice (CEJ) and legal aid. As a member of CEJ’s Associates Committee, she championed legal aid within her firm, helping secure 100% participation in giving. She also played a key role in leveraging a donation match, bringing in an additional $10,000 for legal aid’s Domestic Violence Project. Her efforts reinforced Stoll Berne’s commitment as a Guardian of Justice firm.

The award was presented at CEJ’s celebration event, that took place on Thursday March 14^th, 2025. Judge Ellen Rosenblum was also honored at this year’s event with the Public Access to Justice Award. Guests enjoyed networking, refreshments, and a raffle while recognizing the contributions of donors and volunteers.

Congratulations to Maddie and all the honorees!

Stoll Berne has once again been recognized as Oregon Firm of the Year by Benchmark Litigation, marking the sixth consecutive year the firm has received this prestigious honor. The award was announced at the 16th annual U.S. awards ceremony on March 6, 2025.

Benchmark Litigation’s awards program celebrates the nation’s top litigators and law firms for their outstanding work in the previous year. Stoll Berne’s continued success in class actions, environmental law, securities litigation, and wildfire-related cases played a key role in securing this recognition once again.

This achievement reflects the firm’s commitment to delivering exceptional legal representation and advocacy in high-stakes litigation. To explore this year’s list of winners and learn more about the event, visit Benchmark Litigation’s official website.

A class-action lawsuit accuses the Albuquerque Police Department (APD) of unfairly punishing individuals through a corrupt DWI vehicle forfeiture program. Since its inception, APD has seized over 8,000 vehicles, generating more than $8 million in revenue. Victims claim they faced severe penalties before trial, even when charges were dropped, disproportionately affecting low-income residents.

The lawsuit also alleges a bribery scheme involving former APD officers Alba and Joshua Montaño, who funneled arrestees’ driver’s licenses to paralegal Ricardo ‘Rick’ Mendez. Mendez reportedly demanded $6,000 to $10,000 for a guaranteed dismissal. Attorney Smith called for audits of officers’ bank accounts, citing potential widespread corruption.

While New Mexico ranks among the top 10 states for DWI-related fatalities, critics argue that the city’s tactics undermine due process and public trust. If the court rules for the plaintiffs, it could set a precedent for reforming similar programs nationwide, ensuring public safety efforts do not come at the cost of constitutional rights.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

A Seattle law firm, Hagens Berman Sobol Shapiro, has filed a federal class-action lawsuit on behalf of Micah Mason, a Spokane Valley resident, against W.L. Gore & Associates, the maker of Gore-Tex. The lawsuit alleges that Gore-Tex products contain harmful “forever chemicals” known as PFAS, despite being marketed as environmentally friendly. The suit claims that the company has engaged in “greenwashing,” misleading consumers about its environmental responsibility. PFAS are synthetic chemicals known to cause health issues such as cancer and thyroid disease, and they are slow to degrade in the environment.

According to the complaint, Mason purchased Gore-Tex snow pants in 2021, believing they were environmentally safe due to the company’s advertising. However, nowhere on the product’s label did it disclose the presence of PFAS. The lawsuit alleges that Gore-Tex garments shed PFAS into the environment during regular use, contaminating water supplies and natural areas. While W.L. Gore announced in 2021 that it had developed a new Gore-Tex lining without PFAS, the suit contends the company continues to use PFAS-based materials in other products and fails to disclose this information.

The case seeks to represent consumers from 28 states who purchased Gore-Tex products from 2018 to 2024. Attorneys have requested over $5 million in damages, though the exact amount will be determined at trial. The lawsuit underscores growing consumer concerns over PFAS in everyday products and the accountability of companies marketing themselves as environmentally responsible. As the case progresses, it may shed more light on the environmental impact of widely-used outdoor gear.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

MGM Resorts has agreed to settle a class-action lawsuit for $45 million following two significant data breaches that affected approximately 37 million individuals. The breaches, which occurred in 2019 and 2023, exposed sensitive customer information, including driver’s license numbers, passport details, and personal addresses. In the 2019 breach, hackers stole critical data, while the 2023 incident involved a ransomware attack that disrupted MGM’s key systems for several days. Plaintiffs’ attorneys allege that during both incidents, hackers accessed and compromised valuable customer information.

As part of the settlement, eligible individuals may receive up to $15,000 each, in addition to tiered cash payments ranging from $20 to $75, depending on the severity of the data exposure. Additionally, the settlement includes one year of financial account monitoring to help protect against identity theft. To qualify for compensation, class members must provide documentation of losses related to the data breaches, such as unreimbursed expenses from identity theft or credit repair services. This settlement aims to provide compensation and support to those impacted by these breaches.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

On February 5, 2025, a federal court in Colorado entered judgment in favor of Columbia Sportswear Company on all claims of patent infringement asserted against Columbia Sportswear by Cocona Inc. The court agreed with Columbia Sportswear that all claims of the patent Cocona asserted are invalid. The invalidated patent claims relate to waterproof, breathable fabrics.

Stoll Berne attorneys Tim DeJong, Kevin Flannery, Keith Ketterling and Maddie Holmes represented Columbia Sportswear in the action. The full article can be read here.

In early January, U.S. Surgeon General Vivek Murthy made headlines by declaring that alcohol consumption poses a significant cancer risk, leading to the consideration of warning labels on alcoholic beverage containers. This announcement has sparked a wave of legal action, with personal injury law firm Parker Waichman LLP swiftly moving to file a class-action lawsuit against the alcohol industry. The firm’s claims hinge on the argument that manufacturers have long been aware of alcohol’s cancer risks but have failed to adequately warn consumers, a stance that echoes sentiments expressed by critics like Tom Wark of the National Association of Wine Retailers. The potential lawsuit is framed as a product liability case, where alcohol companies could face financial repercussions for neglecting public health warnings.

However, the road to a successful lawsuit is fraught with challenges. Wark points out that unlike the more straightforward link between tobacco and cancer, the connection between alcohol and cancer is less definitive. The Surgeon General’s advisory itself uses cautious language, suggesting that alcohol “may” increase cancer risk, which raises questions about the strength of the scientific consensus behind such claims. If the lawsuits go forward, they could have wide-reaching effects on the alcohol industry, potentially leading to reduced consumption and market consolidation. Even if the legal battles don’t result in significant settlements or wins, the public discourse around alcohol and cancer risks could significantly impact consumer behavior, potentially changing the cultural acceptance of moderate drinking. The case highlights the growing intersection of public health concerns and legal accountability in industries long associated with health risks.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Apple has agreed to pay $95 million to settle a class action lawsuit that accused the tech giant of eavesdropping on users through their devices’ virtual assistant, Siri. The lawsuit, which has been in court for over five years, claimed that Apple secretly recorded private conversations when users accidentally activated Siri, without their knowledge or consent. These recordings were allegedly reviewed by human contractors to improve Siri’s performance or shared with third parties for targeted advertising. While Apple denies any wrongdoing, the settlement, which still needs court approval, mandates that the company delete all audio recordings gathered before October 2019 and compensate affected consumers.

As part of the settlement, millions of eligible Apple device owners, including iPhones and iPads, from 2014 to 2024, can file claims for up to $20 per device, with a maximum of five devices per consumer. Despite the potentially large number of affected users, experts predict that only a small percentage will file claims. The case has drawn attention due to the serious privacy concerns it raised, especially given that sensitive conversations, such as medical details and private moments, were reportedly among those reviewed by contractors. A final hearing on the settlement is scheduled for early February, but if approved, it will mark a significant resolution to a highly publicized privacy battle.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

At a ceremony Monday at the Temple of Justice in Olympia, Stoll Berne attorney Kevin Flannery introduced Justice Sheryl Gordon McCloud immediately prior to her taking the oath of office and formally beginning her third and final six-year term on the Washington Supreme Court. Justice Gordon McCloud first won election to the bench in 2012, and Flannery served as one of her law clerks—helping her draft majority decisions, concurrences, and dissents—from 2018 to 2019.

While emphasizing Justice Gordon McCloud’s commitment to individual rights, Flannery highlighted his former boss’s respect for the democratic process. “Justice Gordon McCloud bears witness to Washingtonians’ civic engagement as exercises of their constitutional rights to assemble, to speak, and to protest,” Flannery told the crowd of judges, elected officials, fellow attorneys, and families and friends. “And from that civic engagement,” he continued, “our law is ultimately built.”

At the ceremony, Justice Debra Stephens was also sworn in as the court’s chief justice, while Justice Steven González and Justice Salvador Mungia took the oath of office and formally began their own six-year terms on the court. The entire ceremony may be viewed on TVW online at tvw.org.

Join us for our first CLE of 2025! This hybrid event will be held on Wednesday, February 26, 2025, from 12:00 PM to 1:00 PM. We still have a few spots available for in-person attendance. If you’re unable to join us in person, a Zoom link will be provided for remote participants.

Please indicate your attendance preference when you RSVP. To RSVP or for any questions, kindly email us at rsvp@stollberne.com.

Lunch will be provided for all in-person attendees. We look forward to seeing you there!

We are excited to announce that Stoll Berne attorney Erin Roycroft has been appointed chair of the Constitutional Law Section of the Oregon State Bar. She will lead the Section’s executive committee in conducting the Section’s business.

We are excited to announce that Stoll Berne recently elected a new shareholder, Elizabeth Kinsman.

After graduating from University of Oregon School of Law, Order of the Coif, and clerking for the Honorable David W. Christel, Elizabeth joined the firm in 2019 as an associate in the firm’s complex litigation group. She focuses her practice on environmental contamination litigation, business and contract disputes, class actions, and securities fraud claims and has been named in The Best Lawyers in America (2024-2025). One of the highlights of Elizabeth’s career was being part of the trial team pursing claims on behalf of the State of Oregon against Monsanto Company for PCB contamination. The case rendered a nearly- $700 million settlement for the State of Oregon (the largest environmental settlement in Oregon history).

“We are so pleased to have Elizabeth as a shareholder with Stoll Berne. Her skill as a litigator, her knowledge of the law, her ability to work with clients, and, maybe most of all, her personal integrity, all point toward her being a shareholder who matches our values and will improve Stoll Berne as it continues to be one of the premier firms in Oregon and across the country.” – Keith Ketterling, Senior Shareholder

“We are thrilled to welcome Elizabeth as a shareholder at Stoll Berne. She has been a key member of our team since 2019, providing dedicated service to the firm and excellent legal counsel to our clients. We are so happy to have the opportunity to continue working with her in the years to come.” – Lydia Anderson-Dana, Shareholder and Management Committee Member

Stoll Berne attorney Kevin Flannery shared insights about professionalism and the Oregon Rules of Professional Conduct with fellow litigators in the Oregon Trial Lawyers Association’s Business Litigation Section today, delivering a presentation entitled “Maintaining Ethical Practices: An Annotated Review of the OSB Statement of Professionalism.” During the presentation, Flannery discussed the Oregon State Bar’s aspirational guidance regarding professionalism and the background ethical rules that help animate it. Stoll Berne attorneys Elizabeth Bailey Kinsman and Maddie Holmes helped to organize and facilitate the presentation.

Flannery has been a litigator at Stoll Berne since October 2023. His practice focuses on securities-related matters, intellectual property disputes, and other complex litigation, including appellate work. Prior to joining Stoll Berne, Flannery worked as a public defender and was frequently in the courtroom advocating for his clients. He also clerked for Justice Rives Kistler at the Oregon Supreme Court and Justice Sheryl Gordon McCloud at the Washington Supreme Court after graduating from law school.

Flannery values professionalism in the practice of law and previously facilitated an ethics-focused CLE accredited by the Washington State Bar Association: “Communication During a Pandemic – Keeping the Client Informed.” An application for CLE accreditation for today’s presentation will be submitted to the Oregon State Bar.

We are pleased to announce that Stoll Berne attorney Carsen Nies has been appointed as a member of the Oregon State Bar’s Uniform Civil Jury Instructions Committee.

Members of the Uniform Civil Jury Instructions Committee develop jury instructions for civil trials. They continuously help develop new instructions while updating existing ones to comply with case law.

Carsen is an associate in the firm’s litigation group. In this practice, Carsen focuses on complex litigation matters including environmental torts, securities fraud, class actions and wildfire litigation.

The state of Arizona is battling with a devastating sober living crisis, where $2.8 billion was stolen from the state’s Medicaid system through fraudulent billing for behavioral health services. A class action complaint has been filed against Arizona’s Medicaid agency (AHCCCS) and the Department of Health, accusing them of gross negligence and wrongful death. The fraud, which grew from $43 million to $2.8 billion, primarily impacted Native Americans, leading to homelessness, addiction, and in some cases death. Lawyers argue the state was aware of the problem since 2019 but failed to act, allowing the crisis to worsen.

Fraudulent operations exploited vulnerable individuals across Arizona and New Mexico, with many victims lured across state lines to take advantage of Medicaid benefits. The plaintiffs are each seeking over $300,000 in damages, blaming the state for not addressing the fraud sooner and failing to protect its citizens. While Arizona has taken steps to address the issue and crack down on fraudulent providers, critics argue more should have been done to prevent the harm caused.

The complaint highlights the state’s systemic failure to prevent the crisis, with advocates continuing to help displaced individuals. Despite some action, the scale of the disaster remains a pressing issue for the state to resolve.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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