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Stoll Berne, once again, has been recognized by Chambers USA in the 2023 Oregon guide in both Litigation: General Commercial and Real Estate. Chambers’ annual reference directory ranks Oregon’s leading law firm practice areas and lawyers based on interviews with clients and professional peers. Lawyers are evaluated on their technical legal ability, professional conduct, and client service.

Eight individual attorneys were also recognized in Oregon by Chambers USA. They include:

To read more about our firm or individual rankings, please visit Chambers USA. 

We are excited to announce that Erin Roycroft has joined the law office of Stoll Berne as an associate attorney. Erin’s practice will focus on complex litigation matters.

Erin was most recently an inaugural judicial clerk to the Honorable Jennifer Sung at the U.S. Court of Appeals for the Ninth Circuit. She also served as a judicial clerk to the Honorable Scott Shorr at the Oregon Court of Appeals. In between her two clerkships, Erin practiced at another Portland area law firm primarily in labor and employment. In 2022, Erin received the Michael E. Haglund Pro Bono Award from the Multnomah Bar Association. Erin is excited to transition back into litigation practice at Stoll Berne. “I feel unbelievably lucky to work with this talented group of lawyers,” she says.

Stoll Berne is excited to announce that fifteen of our attorneys were recently selected by their peers for inclusion in The Best Lawyers in America 2024®. Additionally, four attorneys, Gary Berne, Steve Larson, David Lokting, and Rob Shlachter all received a Portland, Oregon Lawyer of the Year designation. Best Lawyers is a purely peer-reviewed legal awards network highlighting top legal talent around the world. To learn more about their methodology, visit their website at bestlawyers.com. 

  • Appellate Practice
  • Commercial Litigation
  • Commercial Litigation
  • Appellate Practice
  • Commercial Litigation
  • Insurance Law
  • Litigation – Antitrust
  • Litigation – Insurance
  • Litigation – Securities
  • Commercial Litigation
  • Litigation – Antitrust
  • Litigation – Securities
  • Securities / Capital Markets Law
  • Bet-the Company Litigation (Portland, OR Lawyer of the Year)
  • Commercial Litigation
  • Litigation – Securities
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Securities / Capital Markets Law
  • Business Organizations (including LLCs and Partnerships)
  • Real Estate Law
  • Advertising Law
  • Litigation – Intellectual Property
  • Litigation – Patent
  • Litigation – Securities
  • Appellate Practice (Ones to Watch)
  • Commercial Litigation (Ones to Watch)
  • Litigation – Environmental (Ones to Watch)
  • Commercial Litigation
  • Commercial Litigation
  • Litigation – Securities
  • Securities / Capital Markets Law
  • Advertising Law
  • Bet-the-Company Litigation
  • Commerical Litigation
  • Litigation – Antitrust
  • Litigation – Securities
  • Mass Tort Litigation / Class Actions – Plaintiffs (Portland, OR Lawyer of the Year)
  • Real Estate Law
  • Business Organizations (including LLCs and Partnerships) (Portland, OR Lawyer of the Year)
  • Real Estate Law
  • Tax Law
  • Advertising Law
  • Bet-the-Company Litigation
  • Commercial Litigation
  • Litigation – Intellectual Property (Portland, OR Lawyer of the Year)
  • Litigation – Patent
  • Trade Secrets Law
  • Commercial Litigation
  • Litigation – Labor and Employment
  • Litigation – Securities

In a recently filed class action against Tesla and its CEO Elon Musk, a group of Tesla owners allege Musk and Tesla have exaggerated mileage range projections. The complaint stems from the electric car company’s false representations of distance that can be traveled in a Tesla from a single charge. Plaintiffs in this case seek undisclosed monetary damages alongside a court order prohibiting Tesla from “falsely advertising the estimated ranges of its model vehicles.”

Musk is being targeted in the case for instructing employees to use “overly optimistic algorithms.”  The company is also under fire for deliberately hindering complaining customers by cancelling appointments to have their battery examined. This lawsuit alleges that if drivers had prior knowledge of accurate range limitation, the sales would not have taken place.

This lawsuit is currently seeking class action status in the Northern District of California.

Lydia Anderson-Dana was ranked as one of Benchmark Litigation’s 40 & Under for 2023. In addition, she is the only Oregon attorney to have obtained this ranking for this year. Each year, Benchmark Litigation identifies the best and brightest litigators across the U.S. Candidates are vetted through several phases of research, which includes reviews of their recent case work, considerations on how attorneys at peer legal institutions might rank them, and client feedback.

Lydia joined Stoll Berne in 2018 and is a member of the firm’s Management Committee. In addition to this honor, Lydia has ranked as a Rising Star in Oregon Super Lawyers as well as a One to Watch for The Best Lawyers in America.

To see the entire list of Benchmark Litigation 40 & Under, visit their website here.

For the second year in a row, Jen Wagner was ranked as one of Benchmark Litigation’s Top Women in Litigation for 2023. This award honors distinguished women in the world of litigation in both the United States and Canada. Candidates are vetted through several phases of research, which includes reviews of their recent case work, considerations on how attorneys at peer legal institutions might rank them, and client feedback.

Jen joined Stoll Berne in 2002. She plays an important role in the firm’s litigation practice, most recently representing the State of Oregon on claims against Monsanto for PCB contamination. She was also a member of the team that obtained a $235 million settlement on behalf of investors in the Aequitas securities fraud class action.

In addition to this honor, in 2021 Jen received the Portland Business Journal’s Women of Influence Award as well as rankings in Chambers USA, Oregon Super Lawyers and Best Lawyers of America. She is a former President of the Board of Directors of the Multnomah Bar Foundation and is on the Oregon State Bar Litigation Section Executive Committee.

To see the entire list of Benchmark Litigation Top 250 Women in Litigation, visit their website here.

Business Today recently announced that both Stoll Berne attorneys, David Lokting and Tim DeJong, ranked in their top 10 publication lists for Oregon.

Tim DeJong was named a Top 10 Outstanding Commercial Litigation Lawyers Shaping Oregon’s Legal Landscape in 2023.

"Timothy DeJong is an esteemed business litigator well-versed in handling whistle-blower claims and class-action suits. He also ably handles intellectual property and securities disputes, earning respect amongst peers and clients alike."

Business Today, July 14, 2023

David Lokting was named a Top 10 Influential Oregon Real Estate Lawyers to Watch in 2023.

"Known for his mastery at leveling complex development projects, David Lokting is well-regarded for his outstanding expertise in tax planning, Section 1031 exchanges and structuring within real estate development. His ability to create cooperativeness among his clients is unmatched."

Business Today, July 14, 2023

Ten individual Stoll Berne attorneys have been recognized by Super Lawyers Magazine in their 2023 Oregon Super Lawyers edition. They include:

In addition, Tim DeJong was ranked in Oregon’s Top 50 category.

Oregon Super Lawyers selections are based on peer nominations and evaluations combined with their own independent research. For more information on Oregon Super Lawyers, visit their website.

Stoll Berne attorney Cody Berne will be speaking, along with other members of the Lead Counsel team, on the 2020 Labor Day Fires lawsuit against PacifiCorp. They will discuss what the decision means and what comes next. Admission is free.

For more information, or to register, please visit links below.

June 29, 2023
6:00 – 7:00 PM
Beach Club and Event Center, 2020 NE 22nd St, Lincoln City, OR 97367
Register

June 30, 2023
6:00 – 7:00 PM
Stayton Community Center, 4000 W Virginia St, Stayton, OR 97383
Register

A superior court judge in Marion County, Indiana, certified a class action lawsuit that aims to abolish Indiana’s near-total abortion ban. The Plaintiffs in this case seek class action status for claims related to Indiana’s controversial religious freedom law. This lawsuit alleges that the near-total abortion ban violates Indiana’s Religious Freedom Restoration Act (RFRA). Plaintiffs in this case include practicing members of Judaism, Unitarian Universalism, Episcopalianism and Paganism. A 29- page complaint was filed after the judge determined that common issues existed for all unnamed and named plaintiffs in this case.

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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After a two-month trial, a Multnomah County jury returned verdicts for the plaintiffs in the class action case James v. PacifiCorp, No. 20CV33885. Stoll Berne was co-lead counsel for the class of victims of four wildfires: the Santiam Canyon fire, Echo Mountain Complex fire, South Obenchain fire and 242 fire. The jury found PacifiCorp liable to the entire class for negligence, gross negligence, trespass, private nuisance and public nuisance.  The jury also found that PacifiCorp’s conduct was reckless and willful.  Finally, the jury found that PacifiCorp should pay an additional 25% multiplier to the plaintiffs and the entire class for punitive damages.

The jury awarded more than $71 million to the 17 class representative plaintiffs (an average of more than $4 million per class representative), including between $3 million and $4.5 million in noneconomic damages per plaintiff. In addition, plaintiffs’ property damages claims are subject to doubling under Oregon law. Liability on all claims, including punitive damages, was established as to each member of the class, which is believed to number in the thousands. The money awarded to the class representatives and each member of the class will be increased by 25% as a punitive damages multiplier. The court has not yet determined the timing and specific nature of the damages proceeding. After all damages claims are determined, damages to the entire class could total billions of dollars.

Trials for claims against electric utilities for damages from wildfires are extremely rare. This is believed to be the first such case to be tried as a class action anywhere in the country. We are extremely proud to have represented the victims in this historic case.

Assisting Cody Berne were Stoll Berne attorneys Tim DeJong and Emily Johnson, and litigation support specialist Wes Mueller. The class was also represented at trial by our friends at Keller Rohrback LLP, Edelson PC and Johnson Johnson Lucas & Middleton. Nick Kahl, LLC also assisted with the litigation.

Recent News:

Known for offering advice on how to manage one’s debt, the finance guru and radio host Dave Ramsey is being sued for $150 million by former listeners. Plaintiffs in this class action allege being defrauded by Ramsey’s endorsement of Timeshare Exit Team, who often paid Ramsey to promote their group to his listeners. Clients claim they were charged upwards of $72,000 by Timeshare Exit Company for their services, with the promise of receiving their money back. Clients did not receive their money back as promised and were unaware of Ramsey’s endorsement.

Along with Ramsey and Timeshare Exit Team, Happy Hour Media Group (a marketing firm) is accused of violating the Washington Consumer Protection Act by defrauding the plaintiffs in this case and scamming them out of millions of dollars.

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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A $215 million settlement has been filed in a recent class action case against Goldman Sachs. The plaintiffs allege a comprehensive bias against women with regards to pay and promotions. The plaintiffs in this case consist of 2,887 female vice presidents and associates both current and former employees, all of whom worked in investment banking, investment management and securities. After legal fees and costs, each employee involved in this class action could receive a payout of approximately $47,000.

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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Cody Berne was quoted in the June 7, 2023, Oregon Public Broadcasting (OPB) article, “Jury begins deliberations in 2020 Labor Day wildfire lawsuit against PacifiCorp.”

The State of Oregon, by and through Oregon Attorney General Ellen Rosenblum, filed a lawsuit on May 31, 2023, for injuries to the State of Oregon’s lands, waters, wildlife, and other natural resources; property; residents; and consumers against nearly two dozen defendants for the use of toxic per- and polyfluoroalkyl substances (PFAS) in firefighting foam.

The suit alleges that the defendants, over decades, have known of the dangers of these chemicals and chose not to take steps to reduce the risks. The lawsuit alleges they continued to manufacture and distribute PFAS to the State of Oregon’s governmental entities, counties, municipalities, local fire departments, businesses, entities, and residents that caused harm to Oregon’s land, waters, fish and wildlife. Together with the Department of Justice, Stoll Berne Special Assistant Attorneys General (SAAGs) Keith Ketterling, Lydia Anderson-Dana, Elizabeth Bailey, and Maddie Holmes along with Sher Edling LLP, Taft Stettinius & Hollister, LLP, and Kelley Drye & Warren LLP and will represent the State in the litigation.

“Oregon’s commitment to protecting its citizens, rivers and wildlife has been remarkable under Attorney General Rosenblum,” states Keith Ketterling. “Just as we held Monsanto accountable for PCB contamination in Oregon in an unprecedented almost $700 million settlement, we aim to hold PFAS manufacturers and distributors similarly accountable.” Stoll Berne partner Lydia Anderson-Dana noted that, “Our firm has had a unique relationship with Oregon in serving as SAAGs and representing the State. It is an honor and a responsibility that Stoll Berne values highly and takes seriously.”

The announcement of General Rosenblum can be found here. A copy of the filed complaint can be found here.

In the antitrust class action House v. NCAA, former and current Division I athletes seek compensation for not being given the right to use their NIL (name, image, and likeness) for commercial purposes. The potential $1.4 billion lawsuit alleges the NCAA deprived them of media rights and sponsorships, and the NCAA’s subsequent use of the athlete’s NIL’s, has awarded the NCAA and its membership billions of dollars.

The defendants allege in a 50- page opposition to the class certification motion that there are differences in NIL value and so class members claims are not proper for a class action. They state that some athletes have accumulated millions of dollars of economic value tied to their NIL, where others yield a negligible value. These differences can be tied to certain sports being broadcast to a larger audience or having more media coverage.

If class certification is granted, class members may consist of competing Division I athletes from June 15, 2020, to January 27, 2025. Additional Division I athletes who from 2016 in football, men’s and women’s basketball and additional sports may also be eligible.

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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Salesforce Inc.’s Slack Technologies, makers of software used for communications in workplaces, was sued in federal court in a securities fraud class action in 2019. The lower court denied a motion to dismiss.

Slack appealed that ruling and it was recently heard by the U.S. Supreme Court. Slack argued that it could not be sued for alleged violations of Section 11 and 12 of the Securities Act of 1933 because it did not sell its shares through an IPO. It sold existing shares that had been issued earlier.   

In arguments to the justices, Slack contended that the original lawsuit should have been dismissed on those grounds. The case is awaiting a ruling.

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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Trial began Monday, April 24, 2023, in the Oregon Labor Day fires class action against PacifiCorp. Plaintiffs allege that PacifiCorp, Oregon’s second largest utility, did not, and should have, shut off power during the extremely hot, dry and major windstorm event over Labor Day weekend in 2020. 

The four specific fires in the lawsuit are the Santiam Canyon, Echo Mountain Complex, South Obenchain, and Two Four Two. The Multnomah County Oregon trial is expected to last at least eight weeks.

The case is James et al. v. PacifiCorp et al., Multnomah County Circuit Court Case No. 20-cv-33885.

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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Each year, AGE+ honors individuals with their distinguished Ageless Award. This year, our own Robert Stoll received the Ageless Award for his social justice advocacy and unwavering dedication to helping others. The ceremony was held April 20, 2023.

To be eligible, you must be 75 years old or older and have and continue to make significant contributions to society. Stoll Berne is proud to continue to honor the values bestowed upon us by Robert – being a responsible member of the community and practicing law with integrity, no matter the cost. Robert has been a singular model for caring for those less fortunate and getting involved in your community.

Stoll Berne received Benchmark Litigation’s award for 2023 Oregon Firm of the Year for the fourth year in a row. The awards ceremony took place on March 15, 2023, in New York.

The award recognizes litigation firms in each state based on the significance of their representations. The firm’s work on our class actions including securities and antitrust as well as environmental litigation helped keep the firm on Benchmark’s radar. Stoll Berne litigation lawyers have been consistently ranked in Benchmark Litigation since 2007.

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