A jury in Portland, Oregon awarded approximately $62 million in compensation to be paid by PacifiCorp to nine survivors of the fires that swept across Oregon during the Labor Day 2020 storm. We were co-lead counsel for the plaintiffs at the trial. The verdict, which included more than $6 million in economic and $56 million in non-economic damages, translates to an award of more than $84 million after doubling economic damages and applying a punitive damages multiplier. This verdict is the first trial exclusively about survivors’ damages after our historic class action trial verdict last year, where we proved PacifiCorp liable to the entire class for causing the fires. It is the second jury verdict awarding damages to class members and maintains a trajectory which, according to PacifiCorp, represents more than $25 billion in total damages to the class.

This trial concerned only the amount of money PacifiCorp owes each survivor. In Spring 2023, a Portland jury determined that PacifiCorp was liable to an entire class of people for causing the Labor Day fires. The Spring 2023 jury, after a seven-week trial, found that PacifiCorp acted negligently, grossly negligently, recklessly, and willfully. The jury also awarded punitive damages. That verdict paved the way to what could be hundreds of trials to determine the damages PacifiCorp owes to every class member.  

RECENT NEWS

This case is a certified issues class action arising from the 2020 Labor Day fires in Oregon. Former Oregon Governor Kate Brown described the fires as possibly the greatest loss of life and property from wildfire in Oregon’s history. The four fires—Santiam Canyon, South Obenchain, Echo Mountain Complex (which includes the Echo Mountain and Kimberling Fires), and 242 Fire (Two-four-two)—destroyed over one thousand structures, burned over 100,000 acres, and displaced more than 10,000 Oregonians. The fires were entirely preventable. 

On behalf of our clients and the entire class, we proved during a two-month jury trial in Spring 2023 that PacifiCorp, a massive investor-owned electric utility that is part of the Berkshire Hathaway conglomerate and does business in Oregon as Pacific Power, caused the destruction by leaving power lines and other equipment energized during extremely dangerous fire conditions, re-energizing damaged power lines without inspecting them, and not keeping trees and brush away from power lines. PacifiCorp knew the fire danger was extreme and was even warned by the Governor’s office on Labor Day. This is believed to be the first major utility-caused fire case to go to trial in three decades.

The jury returned a verdict in favor of Plaintiffs and the entire class, including finding PacifiCorp was grossly negligent and acted recklessly and willfully. The jury also found PacifiCorp liable for punitive damages. The jury awarded economic, noneconomic, and punitive damages on average of approximately $5 million to each of the 17 named-plaintiffs. The total awards across the entire class could be in the many billions of dollars. According to PacifiCorp, there are approximately 5,000 class members.  

You can see an excerpt of part of our closing argument here: 

Cody Berne Closing Sets Up Massive Verdict Against PacifiCorp in Trial Over Devastating Wildfires – YouTube.

RECENT NEWS:

In collaboration with our Hawai’i (Starn O’Toole Marcus & Fisher) and Washington (Keller Rohrback L.L.P.) partners, Stoll Berne is working on behalf of people and businesses impacted by the Maui fires in August 2023.

During a forecasted windstorm, when the fire danger was extreme, the power company on Maui left its power lines energized. The power lines ignited several fires and caused massive devastation to Lahaina and other communities.

If you were affected by the Maui fires and would like to learn more, please visit our Maui Fire Assistance page for more information.

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Did the Maui wilfires destroy your world? Let us help!

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Welcome to Stoll Berne, where empathy and unwavering support guide our mission. We understand the profound pain and devastation that wildfires on Maui have brought upon families, businesses, and communities. Our law firm is dedicated to standing by your side, providing solace, and pursuing justice for those who have lost loved ones, homes, and livelihoods in these tragic events. 

Our Heartfelt Approach to Your Loss

At Stoll Berne, we are not just legal practitioners; we are compassionate advocates who truly understand the grief that accompanies such profound losses. Our team is committed to offering genuine empathy and a supportive environment as we navigate the path toward healing and justice together.

Honoring Those We’ve Lost

Your loved ones, homes, and businesses hold immeasurable value. We recognize the significance of preserving their memory and your legacy. By seeking accountability from those responsible, we strive to bring about positive change, honoring the lives and dreams of those who are no longer with us.

A Proven Record of Advocacy and Success

In collaboration with our Hawaiian (Starn O’Toole Marcus & Fisher) and Washington (Keller Rohrback L.L.P.) partners, we all have a track record of achieving meaningful results. Notably, in 2023, Stoll Berne and Keller Rohrback successfully took PacifiCorp and Pacific Power to trial for the 2020 Oregon wildfires, pursuing individual claims that resulted in millions of dollars in compensation to wildfire victims. 

Our team’s commitment to justice extends beyond wildfires. Our partners Starn O’Toole Marcus & Fisher played a significant role in leading Hawaii’s recovery efforts in 2016 during the Hepatitis A outbreak involving Genki Sushi. Through their dedicated efforts, they helped injured individuals obtain justice and recoveries, leading the way in addressing this public health crisis.

Comprehensive Support for Your Journey

Compassionate Guidance: Our attorneys offer genuine understanding and support, providing a safe space for you to navigate the complexities of grief and legal processes.

Comprehensive Investigations: Our collaborative efforts ensure a thorough examination of the wildfire’s circumstances, allowing us to build a strong case that seeks the justice you deserve.

Tailored Strategies: We work closely with you to design a legal strategy that addresses your unique needs and objectives, ensuring your loved ones and their memories are respected.

Transparent Communication: Open dialogue is essential. We keep you informed, address your concerns, and ensure your voice is heard throughout the legal journey.

Connect With Us:

If you are a survivor of the devastating wildfires that have affected Maui, we encourage you to reach out to Stoll Berne. Our collaborative team, alongside Starn O’Toole Marcus & Fisher, and Keller Rohrback L.L.P., is here to listen, understand, and advocate on your behalf. Together, we embark on a journey toward the justice your loved ones, your community, and your Maui deserve.

About Stoll Berne

Stoll Berne is experienced at holding energy companies accountable in wildfire litigation. Recently, Stoll Berne was appointed as co-lead counsel to represent survivors of a series of fires caused by the utility PacifiCorp over the Labor Day 2020 weekend in Oregon. Stoll Berne and their co-counsels’ work ultimately resulted in a jury verdict finding PacifiCorp liable to the class of survivors of four fires and awarded a combined $90 million in compensatory and punitive damages to the 17 plaintiffs appointed to represent the class. When factoring in the damages available to the class, it would be the largest civil jury verdict in Oregon history.

Stoll Berne is based in Portland, Oregon. We are a local law firm, with local values. We enjoy representing clients from our community and, above all, giving back. Our firm encourages generosity, volunteerism, community involvement, and sustainability. And we practice what we preach. Deeply rooted in the Pacific Northwest and nationally recognized for over 40 years, Stoll Berne is best known for its expertise in plaintiffs class actions, complex business litigation, intellectual property litigation, and real estate transactions. Reflecting its commitment to give back to the community, the firm donates a generous amount of its gross reveneus each year to charitable organizations.

About Starn O’Toole Marcus & Fisher

Hawaii Real Estate Lawyers & Hawaii Litigation Lawyers – Built on the Power of Our People.

Starn O’Toole Marcus & Fisher is a leader among Hawaii’s litigation, real estate and business law firms. Our firm was founded on the principles of hiring the best and the brightest talent and ensuring fair treatment for all our people – attorneys, staff and clients.

We believe if our talented team is provided with an extraordinary workspace, fair treatment and strong, equiptable incentives, they will deliver exceptionally responsive representation and results to our clients.

And each Hawaii real estate lawyer and litigator at our firm does. Our team of attorneys is recognized for their command of Hawaii real estate law, business law and commercial litigation. Our firm’s extensive legal and Hawaii business law experience — when combined with our attorneys’ intellectual power — generates powerful negotiations, creative settlements and winning strategies for those seeking Hawaii real estate law experts. Starn O’Toole Marcus & Fisher lawyers Doug Chin, Sharon Lovejoy, Judith Pavey, Terence O’Toole, and others at their firm are working on the case.

About Keller Rohrback L.L.P.

Keller Rohrback’s environmental lawyers have a long history of successfully representing individual and class members in a wide range of important environmental litigation. Whether fighting for victims of preventable wildfires, working for victims of oil spills, communities exposed to tox materials, or people who purchased contaminated or defective products, Keller Rohrback’s team of experienced environmental litigators have helped to protect people and the environment across the country.

Legal Disclaimer: The Information On This Website, Hosted By Stoll Berne, Is For General Informational And Educational Purposes Only. Because Each Individual May Be Situated Differently, The Information Provided On This Website Does Not, And Is Not Intended To, Constitute Legal Advice And Should Not Be Relied On.
Stoll Berne and Keller Rohrback Attorneys Are Not Admitted To The Hawaii State Bar. Their Legal Services Are Rendered In Association With Lawyers At Starn O’Toole Marcus & Fisher Who Are Admitted To Practice In Hawaii And Who Fully Participate In This Matter.
Attorney Advertising. Prior Results Do Not Guarantee A Similar Outcome. Not Licensed To Practice Law In All States. Please Refer To StollBerne.com For Details.

Stoll Berne attorneys Tim DeJong, Keith Ketterling and Lydia Anderson-Dana represented a prominent Northwest law firm in the defense of a purported class action seeking to recover against the law firm for securities sold by its former client. The case presents novel issues concerning securities sold for a decade after the attorney-client relationship ended.

Stoll Berne attorneys Tim DeJong, Steve Larson, and Elizabeth Bailey are co-lead counsel for the investors in a massive, $1 billion securities class action against the perpetrators of an alleged Ponzi scheme and those who aided and abetted it. The case is pending in the U.S. District Court for the Western District of Texas. All motions to dismiss filed by defendants were dismissed.

Stoll Berne attorneys Tim DeJong and Emily Johnson represented a class of investors in securities seller Portland Development Group Investments, LLC.  The investors alleged that the seller falsely inflated its financial statements that were published in its offering documents, and that the seller’s accounting firm, lawyers, and others were liable for aiding and assisting the securities sales.  A settlement of $2.5 million was approved by the Multnomah County Circuit Court.

Stoll Berne attorney Tim DeJong represented the plaintiff taxpayer in an estate tax malpractice suit against an accounting firm for negligence in the late filing of an estate tax return. A settlement was reached prior to trial and plaintiff recovered 88% of her tax liability.

Stoll Berne attorneys Steve Berman and Keith Ketterling, acting as special assistant attorneys general, defended a constitutional challenge to Oregon’s eviction ban. In response to the COVID-19 pandemic and devastating wildfires, the Oregon legislature enacted a law that temporarily prevented landlords from evicting tenants for non-payment of rent. The law ensured that Oregonians would not lose their homes during the economic downturn. It also helped prevent displacement during a time when the public was safest remaining at home. On behalf of the State of Oregon, and Governor Brown, Stoll Berne moved to dismiss the case. The motion was granted in February 2022, and a final judgement was entered in the State’s favor.

Stoll Berne attorneys Steve Berman and Keith Ketterling, acting as special assistant attorneys general, defended a constitutional challenge to Oregon’s foreclosure ban. In response to the COVID-19 pandemic, the Oregon legislature enacted a law that temporarily prevented lenders from foreclosing on borrowers or charging fees to borrowers for late payments. On behalf of the State of Oregon, Oregon’s Attorney General and Oregon’s Department of Consumer and Business Affairs, Stoll Berne moved to dismiss the case.  That motion was granted in February 2022, and a final judgment was entered in the State’s favor.

Cody Berne and Andy Davis represented a mortgage lending company in a quiet title action filed in Jackson County Circuit Court. The plaintiffs sought to quiet title in a residential property located in Medford, Oregon, and named the mortgage lending company in the lawsuit, even though the company had no interest in the property. Stoll Berne prepared a disclaimer of interest, and the mortgage lending company was dismissed for want of prosecution. 

Cody Berne represented a foreign corporation in a dispute involving goods that were manufactured for use in the energy industry. A third-party allegedly hacked into the email system of a parts manufacturer and redirected a payment for a specially manufactured part. The dispute involved the Uniform Commercial Code (“UCC”), including Oregon statutes modeled after the UCC that apply to contracts for the sale of goods and funds transfers. Legal issues included personal jurisdiction over a foreign corporation, as well as when the UCC displaces the common law, known as UCC displacement.

Stoll Berne is investigating the use of Turnkey Asset Management Programs, often called TAMPs. We are interested in speaking with investors whose adviser or broker-dealer is using a TAMP as part of managing the investor’s account.  You can contact us here or fill out the form below.

Some investment advisers use TAMPs to provide back-office services. These back-office services can include anything from compliance to risk analysis to identifying investment options. The adviser benefits by outsourcing services and functions that they would otherwise have to take care of in house. Many clients whose adviser is using a TAMP are unaware that a TAMP is involved or do not understand the TAMP’s role. These investors may think that their adviser is managing their money and making investment recommendation. In fact, the TAMP may effectively be making investment decisions. In these cases, the adviser is little more than a “finder” who signs up clients and turns over their accounts to the TAMP.

Using a TAMP comes with added expenses and fees. In many cases, these expenses and fees are passed on to the investor. The added fees and expenses may not appear as separate entries on account statements. Instead, they may be included within other fees that are reported on the account statements. This conceals the cost to the investor of the adviser’s use of the TAMP. 

Use of TAMPs may also limit the investment options available to clients. TAMPs will often include a set of investment options that the adviser must select from. In some cases, these limited options are higher fee, higher risk, or otherwise inferior to other investments that but for the adviser’s use of the TAMP could be available to the investor. This can mean that the TAMP and adviser are steering investors to unsuitable investments.

Please contact us if you think there may be an issue with your investment account that involves a TAMP.

Fill out the form below to send us an email. We'll reply as soon as we can.

Please note that these transmissions do not create an attorney-client relationship. An attorney-client relationship is effective only after you and our firm expressly agree in writing that we will serve as your attorney. 

Cody Berne represented a retired couple with claims against a Registered Investment Adviser and Investment Adviser Representatives arising from losses in managed retirement accounts caused by the advisers’ unsuitable trading strategy. The unsuitable trades included put and call options contracts.

Stoll Berne attorney Andy Davis represented Menashe Properties in its acquisition of Heritage Square, a high-profile office campus located just west of the Galleria shopping mall in the north suburbs of Dallas, Texas. Heritage Square is comprised of approximately 370,000 square feet of space within two high rise office buildings. The property includes a site for additional development. Heritage Square represents the first Dallas acquisition for Menashe Properties. Andy handled all legal aspects of this transaction.    

Stoll Berne, led by attorneys Keith Dubanevich, Tim DeJong, and Lydia Anderson-Dana was appointed co-lead counsel along with Bernstein Litowitz Berger & Grossmann LLP (BLB&G) on behalf of lead plaintiff the State of Oregon by and through the Oregon State Treasurer and the Oregon Public Employee Retirement Board, on behalf of the Oregon Public Employee Retirement Fund (Oregon) in a securities class action against CenturyLink, Inc. and certain of its senior executives. The case involved claims pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 arising out of false and misleading statements concerning the Company’s fraudulent billing practices from March 1, 2013 through July 12, 2017 (the Class Period).

During the Class Period, CenturyLink made a series of false and misleading statements, including that: its employees were subject to a strict code of ethics; that its sales and customer services personnel “promote[d] sales of services that [met] the needs of [CenturyLink’s] customers”; and that its “customers value[d] the convenience and price discounts associated with receiving multiple services through a single company.” The Company also reported strong revenue growth and sales, and represented that its financial condition was strong and growing.

In truth, CenturyLink incentivized unethical and unlawful behavior, including by allowing CenturyLink employees to add services, lines, and accounts for customers without their permission, resulting in millions of dollars in unauthorized charges to CenturyLink customers. Further, contrary to CenturyLink’s representations, the Company’s revenues and earnings growth were simply unsustainable because they were dependent upon improper and illegal conduct that subjected the Company to heightened regulatory scrutiny, governmental action, and significant fines and sanctions that could severely curtail its business.

Investors learned the true facts about the Company’s business practices and financial condition through a series of corrective disclosures. First, on June 16, 2017, Bloomberg reported that a former CenturyLink employee filed a whistleblower lawsuit alleging that she was wrongfully terminated after notifying CenturyLink’s CEO about the Company’s improper sales practices, including secretly billing millions of dollars of unauthorized charges to CenturyLink customers. On June 19, 2017, Bloomberg reported that a consumer class action lawsuit against the Company had been filed on behalf of CenturyLink customers seeking up to billions of dollars in damages in connection with CenturyLink’s unlawful billing practices. Then, on July 12, 2017, the Minnesota Attorney General announced that it had filed a lawsuit against CenturyLink alleging violations of state consumer protection laws after a year-long investigation which provided extensive detail concerning CenturyLink’s billing misconduct. These revelations resulted in sharp declines in the prices of CenturyLink’s securities, causing investors to incur substantial losses.

In the wake of these disclosures, on June 21, 2017, the first of several securities class actions was filed against the Company. On October 20, 2017, Magistrate Judge H. L. Perez-Montes of the Western District of Louisiana consolidated the related securities class actions and appointed Oregon as Lead Plaintiff, and Stoll Berne and BLB&G as Co-Lead Counsel.

In February 2018, the Judicial Panel on Multidistrict Litigation transferred the consolidated actions to the District of Minnesota before the Honorable Michael J. Davis. On April 20, 2018, Judge Davis consolidated a subsequently-filed securities class action against CenturyLink under Oregon’s leadership. On June 25, 2018, Oregon filed a consolidated securities class action complaint. In July 2019, Judge Davis denied Defendants’ motion to dismiss. On September 14, 2020, Judge Davis certified the proposed class, appointed Oregon class representative, and appointed Stoll Berne class counsel along with Bernstein Litowitz. In November 2020, the parties reached a tentative settlement, including settlement amount of $55,000,000 in cash. The Court approved the settlement in July 2021, and claims currently are being processed.

RECENT NEWS
September 15, 2020, Bloomberg Law: CenturyLink Investors Get Class Status in Overbilling Litigation
Setpember 15, 2020, Retuers: CenturyLink Shareholders in ‘Cramming’ Lawsuit Can Proceed as Class

 

COURT: United States District Court for the District of Minnesota
CASE NUMBER: 3:17-md-02795-MJD-KMM (MDL); 0:18-cv-00296-MJD-KMM (Securities)
JUDGE: U.S.D.J. Michael J. Davis.; U.S.M.J. Katherine M. Menendez
CLASS PERIOD: 03/01/2013 – 07/12/2017
CASE CONTACTS: Timothy DeJong, Keith Dubanevich,  Lydia Anderson-Dana

Stoll Berne attorney Cody Berne represented a Registered Investment Adviser (RIA) and an Investment Adviser Representative (IAR) in a dispute about the sale of a book of business and an RIA.

Stoll Berne attorney Andy Davis represented Menashe Properties purchased the 105,000 square foot Vancouver Village Shopping Center. Andy represented Menashe Properties in all aspects of the acquisition and financing of this property.

Stoll Berne attorney Andy Davis served as lead counsel in connection with the $113 million acquisition of the 300,000 square foot historic Medical Dental Building in Seattle, Washington. The deal came upon the heels of Menashe Properties sale of the Creekside at Centerpoint in Kent, Washington. An IRS section 1031 exchange aided in deferring capital gains from the Creekside sale as part of this acquisition. Andy helped the client in all legal aspects of the purchase and financing of this acquisition. 

Stoll Berne attorney Andy Davis served as lead counsel in connection with the $39 million sale of the 225,000 square foot Creekside at Centerpoint in Kent, Washington. Originally purchased three years earlier, it was Menashe Properties first acquisition outside the Portland metro region.  Andy helped the client in all legal aspects of the disposition of this property.