PacifiCorp files opening brief in James class action appeal

PORTLAND, Ore.  — Today, PacifiCorp filed its opening brief in the Oregon Court of Appeals, challenging key legal rulings in the James class action involving the 2020 wildfires. 

The filing raises significant legal concerns, including issues with class certification, the Plaintiffs’ failure to meet their evidentiary burdens, and the court’s failure to follow legal precedent. 

“We fully recognize the tragic impact of the 2020 Labor Day fires, and we have worked diligently to reach fair settlements with more than 2,000 people who filed claims related to wildfire losses,” said Ryan Flynn, Pacific Power president. “The James case  demonstrates that class treatment is not a good fit for managing wildfire claims, and the company strongly believes it is important for the Oregon Court of Appeals to review the issues raised on appeal.” 

The James case is an unprecedented class action that grouped multiple distinct, independently ignited fires in geographically diverse regions into a single class. Before this case, no court in Oregon has certified a class action that included multiple claimants impacted by distinct fires, let alone thousands of claimants located hundreds of miles apart who were impacted by different events. 

PacifiCorp’s appeal raises numerous procedural and legal concerns, including: 

• Plaintiffs failed to prove that PacifiCorp caused harm to every class member. 
•  Jury instructions applied incorrect legal standards in assessing class wide evidence and individual claims. 
•  Class members were permitted to seek non-economic damages contrary to Oregon law. 

“We remain committed to resolving all reasonable claims related to the 2020 Labor Day fires within the bounds of Oregon law,” Flynn said. “However, we believe the James case raises important legal issues that must be addressed on appeal.”  

 To date, no investigating agency has determined PacifiCorp equipment was the source of ignition for the fires at issue in the James case. On March 19, 2025, the Oregon Department of Forestry released its investigation of the 2020 Santiam Canyon fire, concluding that PacifiCorp power lines did “not contribute to the spread of large fires in the Santiam Canyon.” 

PacifiCorp anticipates the briefings on the appeal will continue through 2025, with the Oregon Court of Appeals set to address the arguments in 2026.