Oregon

Amgen Inc. v. Connecticut Retirement Plans and Trust Funds in Oregon Law

How Amgen Inc. v. Connecticut Retirement Plans and Trust Funds applies in Oregon: state-specific rules, key cases, and bar exam notes for Civil Procedure.

State Approach

Oregon courts echo the federal standard established in Amgen regarding the pleading requirements for class certification. Specifically, Oregon courts require plaintiffs to adequately plead the elements of a class action, including that common questions predominate over individual questions.

State Rule
In Oregon, class certification must demonstrate that the questions of law or fact common to the class members predominate over any questions affecting only individual members, aligning closely with the precedent set in Amgen.
Significant State Cases

Morris v. McDonald’s Corp.

The court emphasized the necessity for commonality to be sufficiently demonstrated under ORCP 32, paralleling the common questions requirement per Amgen.

Fisher v. City of Portland

Found that issues related to property rights could create sufficient commonality among class members for certification, aligned with Amgen’s principles.

Tatum v. Clackamas County

The court held that the predominance of common legal questions justified certification, supporting the nuanced reading of class action law that Amgen suggested.

Comparison to Federal Law

Oregon's approach to class certification mirrors the federal standard set in Amgen, emphasizing commonality and predominance. However, Oregon courts may apply stricter scrutiny in specific contexts, particularly regarding statutory class actions.

Bar Exam Note

Familiarity with Oregon's class action standards, as influenced by Amgen, is relevant for the Oregon bar exam, particularly in relation to ORCP 32 concerning class actions.

Practice Pointers
  • Always identify and articulate common questions of law or fact when drafting a class action complaint in Oregon.
  • Ensure compliance with Oregon's procedural rules as they may differ from federal rules, particularly in class actions.
  • Gather and analyze factual evidences linking class members which is crucial for establishing commonality and predominance effectively.

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