A recent ruling by an Oregon Court of Appeals could significantly reduce liability costs for PacifiCorp, a utility owned by Berkshire Hathaway Energy, potentially saving the company more than $1 billion in wildfire-related damages.
The appellate court found that a judge in a 2023 trial made an error in jury instructions, particularly in how evidence related to wildfire damages was applied to a larger class of plaintiffs. As a result, the case has been sent back to the trial court for reconsideration.
The original jury had determined that PacifiCorp was liable for negligently failing to shut down power lines during a powerful windstorm, which contributed to multiple wildfires causing widespread property damage. That ruling extended liability beyond the original 17 plaintiffs to a broader class of thousands of affected property owners.
Following that decision, a series of “mini-trials” resulted in damages exceeding $1 billion, with further trials expected to continue for years.
However, the latest appellate ruling may require plaintiffs to re-establish liability individually, potentially reshaping the scale and structure of future compensation claims. The decision could still be appealed to Oregon’s highest court.
The court also noted that the class includes more than 2,000 properties affected by multiple fires occurring over large distances, complicating the scope of the original trial framework.
Plaintiffs’ legal representatives described the ruling as a “procedural setback,” arguing that it does not overturn the original finding of liability but instead addresses jury instruction issues that may be corrected in further proceedings.
PacifiCorp, in its statement, said it remains sensitive to the impact of wildfires on communities but welcomed the ruling, saying it supports its position that earlier proceedings were “prejudicial and not appropriate for managing wildfire litigation.” The company also said it remains open to settling valid claims while continuing to contest unsupported ones.
In a separate legal development, Berkshire Hathaway Energy is also facing another proposed class action lawsuit related to real estate commission practices. A U.S. federal judge in Missouri ruled that the company cannot avoid the case based on a prior $250 million settlement involving its brokerage unit, HomeServices of America.
Meanwhile, attention is also turning toward the upcoming Berkshire Hathaway Annual Shareholders Meeting 2026, where leadership transition plans will be in focus. Chairman Warren Buffett will step back from hosting the main Q&A session, with CEO Greg Abel expected to lead discussions alongside other top executives.
