57 Trial Lawyer • Fall 2023 statute does not foreclose liability under that statute, and due process limitations on statutory damages awards are governed by Wakefield v. ViSalus, Inc., 51 F4th 1109 (9th Cir. 2022). Bellshaw v. Farmers Insurance Co., 326 Or App 605 (2023); Ortega, P. J. The plaintiff was represented by Nadia Dahab, David Sugerman and Tim Quenelle. In this class action case, the defendant, Farmers Insurance Company, appealed a judgment awarding $100 in statutory damages to each member of the class based on the defendant’s failure to comply with ORS 746.290(2)(b), which sets forth certain motor vehicle insurance policy rights notice requirements. The defendant made several arguments on appeal, including that the trial court erred in its interpretation of ORS 746.290(2)(b), that the Department of Consumer and Business Services (DCBS) approval of the defendant’s notice foreclosed liability, and that the aggregate statutory penalty violated due process under the U.S. Constitution. The Court of Appeals reversed. The court rejected the defendant’s argument that the trial court erred in interpreting the statutory notice requirement, concluding that the defendants’ notice, on its face, did not comply with the notice requirements set forth under ORS 746.290(2)(b). The court further held that the fact DCBS had approved the defendant’s non-compliant notice did not protect the defendant from liability. In response to the defendants’ due process arguments, the court did not reach the question whether the total amount of statutory damages violated due process. Instead, the court remanded for the trial court to undertake the due process assessment set forth in Wakefield v. ViSalus, Inc., 51 F4th 1109 (9th Cir. 2022). Cody Hoesly specializes in appeals, financial fraud and commercial cases. He contributes to OTLA Guardians at the Guardians Club level. Hoesly is a shareholder at Barg Singer Hoesly PC, 121 SW Morrison St., Ste. 600, Portland, OR 97204. He can be reached at 503-2418521 or choesly@bargsinger.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 SW Washington St., Ste. 600, Portland, OR 97205. She can be reached at nadia@sugermandahab.com or 503228-6474.
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