More than 600 class members in a lawsuit against PacifiCorp over the 2020 wildfires have cut ties with lead counsel in favor of attorneys promoting settlements with the utility.
During a hearing Dec. 20 in Multnomah County Circuit Court, Judge Steffan Alexander granted a motion for substitution of counsel in James et al vs. PacifiCorp.
The motion, filed Oct. 9 by attorney Groge McCoy with law firm Warren Allen LLP, named 622 individuals, businesses and estates believed to be members of the James class.
An additional 74 plaintiffs were named who may or may not belong to the class depending on which definition is used, said McCoy in a subsequent filing Nov. 8.
Two additional motions for substitution remained pending as of press time, filed by McCoy Nov. 8 and Dec. 12 representing roughly 500 claimants.
These substitutions occur as class counsel is preparing for a series of damages trials throughout 2025, with 1,536 individual claims for damages currently pending. So far $212 million has been awarded to 36 plaintiffs in three trials.
During an initial trial in 2023, PacifiCorp was found liable for the Santiam, South Obenchain, Echo Mountain Complex and 242 fires.
Warren Allen and its associates achieved a $178 million settlement with PacifiCorp in May for 403 fire survivors who had opted out of James in 2022. According to court records, these attorneys intend to seek similar settlements for these new clients.
Class counsel had objected to the substitution in a Nov. 8 filing, arguing Warren Allen and its associates acted unethically. They claimed these firms improperly communicated with clients, allowed attorneys to practice law in Oregon unlicensed, and wrongfully asked clients to sign over blanket settlement authority.
In addition to raising these concerns in court, lead counsel filed a complaint with the Oregon State Bar Oct. 4 against attorneys with Warren Allen and associated firms. The bar confirmed Nov. 27 these complaints had been forwarded to Disciplinary Counsel for further investigation.
On Dec. 20 attorney Cody Berne, with lead counsel, urged Alexander to take action in regard to the alleged misconduct as any disciplinary action by the bar “may not occur for years.”
Alexander said class counsel had provided “thin evidence” of misconduct and failed to address the arguments and evidence provided by Warren Allen in defense of the motion. The judge said, even if class counsel’s evidence was stronger, the alleged misconduct represented “maybe a dozen examples out of 700” named clients.
In addition to granting the motion to substitute, Alexander denied an Oct. 9 motion by class counsel to limit communication with class members from third party attorneys such as Warren Allen.
The motion made similar allegations of misconduct, including alleged violations of a Sept. 6 order by Alexander. The order established that all class members were represented by class counsel by default, and also affirmed the right of class members to seek alternative counsel.
The Oct. 9 motion alleged Warren Allen and its associates solicited class members in violation of the order and spread misinformation about their role in the lawsuit and the availability of settlements.
Warren Allen denied these claims in a Nov. 8 filing and said any communication after Sept. 6 was initiated by fire survivors. They denied engaging in mass advertising efforts and, when asked by Alexander Dec. 20, agreed they would notify the court and class counsel of any intent to engage in such efforts.
When denying the motion, Alexander said he agreed with Warren Allen and that lead counsel’s evidence did not support claims of solicitation.
