Pearson v. Philip Morris, Inc.

As the majority describes, to prove their Unlawful Trade Practices Act claim, plaintiffs have to prove three elements: an unlawful trade practice, causation, and damages. 257 Or App at 117. The majority holds that each of those elements can be litigated on a class-wide basis. I respectfully disagree. In my view, the element of causation cannot be litigated on a class-wide basis.

As the majority holds, to prove the causation element of their particular claim — viz., that they and the putative class members suffered ascertainable losses “as a result of’ the alleged unlawful trade practice, ORS…