62 Trial Lawyer • Fall 2022 plaintiffs were represented by Nadia Dahab, David Sugerman and Tim Quenelle. The plaintiffs in this putative class action asserted claims against Tillamook County Creamery Association under Oregon’s Unlawful Trade Practices Act. In their complaint, the plaintiffs argued that Tillamook had violated several provisions of the UTPA by causing a likelihood of consumer confusion as to the source of its dairy products, using deceptive representations of geographic origin in connection with its dairy products, and representing that its goods had qualities or characteristics that they did not have. The trial court dismissed the claims of the class, holding that the plaintiffs’ “price inflation” theory of ascertainable loss was not viable under the UTPA, and that all of the plaintiffs’ claims required them to plead and prove reliance. The Court of Appeals agreed. First, the court held that the plaintiffs’ “price inflation” theory of ascertainable loss was impermissible as a matter of law because, unlike the securities market, the market for consumer goods is not an efficient market. Second, the court held that, under the Supreme Court’s decision in Pearson v. Philip Morris, Inc., 358 Or 88 (2015), the plaintiffs’ remaining claims required the plaintiffs to plead and prove reliance. UM insurer’s claim that PIP benefits payment is offset to UM policy limit amount is dispute over damages due and does not remove attorney fee “safe harbor” protection. McNeil v. Geico Casualty Co., 319 Or App 458 (2022), Ortega, P.J. Dean Heiling represented the plaintiff. Cody Hoesly specializes in appeals, financial fraud and commercial cases. He contributes to OTLA Guardians at the Sustaining Member level. Hoesly is a partner with Larkins Vacura Kayser LLP, 121 SWMorrison St., Ste. 700, Portland, OR 97204. He can be reached at 503-2224424 or choesly@lvklaw.com. Lisa T. Hunt specializes in appeals and full-scale trial and motions support for plaintiff attorneys. Recent practice areas include class actions, Oregon’s wage and hour law, product and premises liability, personal and business injury, and UIM. She can be reached at the Law Office of Lisa T. Hunt, LLC, 503-515-8501 or lthunt@lthuntlaw.com. Nadia Dahab specializes in appeals, civil rights, and general civil and class action litigation. She contributes to OTLA Guardians at the Guardians Club level. Dahab is a shareholder at Sugerman Dahab, 707 SWWashington St., Ste. 600, Portland, OR 97205. She can be reached at nadia@sugermandahab.com or 503228-6474. Sheets Continued from p 61
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