Legal Opinion

Newman v. Tualatin Development Co.

Oregon Supreme Court

Decided July 12, 1979No. 37-142, SC 25528PublishedCited by 33 opinions

1Opinion of the CourtDenecke, C. J.

The defendant appeals from an order certifying this proceeding as a class action. Plaintiffs are purchasers of townhouses built and sold by the defendant. The plaintiffs alleged that galvanized water pipes installed by defendant in connection with the construction of the townhouses were deteriorating. They sought damages on the basis of expressed and implied warranties and negligence. We affirm the certification of the proceeding as a class action.

ORS 13.220 is entitled, "Requirement for class action; when maintainable.” It provides, in part:

"(1) One or more members of a class may sue or be…

2Cases cited5 opinions

  1. State Ex Rel. Western Seed Production Corp. v. CampbellOregon Supreme Court · 1968
  2. Bernard v. First National Bank of OregonOregon Supreme Court · 1976
  3. American Reciprocal Insurers v. BessonetteOregon Supreme Court · 1963
  4. Beri, Inc. v. Salishan Properties, Inc.Oregon Supreme Court · 1978
  5. Western Seed Production Corp. v. CampbellSupreme Court of the United States · 1969

3Cited by33 opinions

  1. Oates v. Jag, Inc.Supreme Court of North Carolina · 1985
  2. In Re the Cadillac V8-6-4 Class ActionSupreme Court of New Jersey · 2004
  3. Strawn v. Farmers Ins. Co. of OregonOregon Supreme Court · 2011
  4. In re Conagra Foods, Inc.District Court, C.D. California · 2015
  5. Aronsohn v. MandaraSupreme Court of New Jersey · 1984

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