Oregon Supreme Court weighs fate of $1.25 billion wildfire verdict
Wildfire victims urge high court to reinstate $1.25 billion verdict after appeals court ruling.
Chairs stand at the Gates Post office in the aftermath of a fire in Gates, Ore., Sept 9, 2020. An Oregon jury awarded $85 million Tuesday, Jan. 23, 2024, to nine victims of wildfires that ravaged the… (Mark Ylen/Albany Democrat-Herald via AP, File)
The Oregon Supreme Court heard oral arguments on Nov. 3, 2026, to determine whether a $1.25 billion jury verdict against PacifiCorp should be reinstated. The case concerns damages awarded to wildfire victims following four major fires that occurred over Labor Day weekend in 2020.
The legal dispute centers on a jury instruction provided during the 2023 trial by Multnomah County Circuit Court Judge Steffan Alexander. The instruction informed jurors that they could assume evidence presented at trial applied to all members of the class-action lawsuit. The Oregon Court of Appeals overturned the verdict on April 8, 2026, finding that the instruction was improper because causation evidence did not necessarily apply to every individual class member.
Counsel for the plaintiffs, Nicholas Rosinia, argued that PacifiCorp's actions were a substantial factor in the harm suffered by all residents involved. Conversely, Ted Boutrous, representing PacifiCorp, contended that the class action was improperly certified, noting that the four fires were separated by more than 100 miles and that no other court has certified a class of this magnitude.
The 2023 trial resulted in a liability verdict against the utility, followed by mini-trials that awarded $1.25 billion to 201 plaintiffs. More than 1,000 additional plaintiffs are still awaiting trial. PacifiCorp, which has denied negligence, has previously reached settlements totaling approximately $2.3 billion with other claimants outside of this class. The state supreme court is now deliberating whether to revive the original verdict or maintain the appeals court's decision to set it aside.