We represented Wah Chang in a matter arising out of the manipulation of the Western electricity markets during 2000 and 2001, during which period Wah Chang paid extraordinary prices to its electricity supplier, PacifiCorp, pursuant to a contract tied to a market index. Almost all similar actions throughout the West were dismissed on federal preemption grounds. The trial court originally dismissed this action, too, but set aside its judgment and reopened the case based on evidence we obtained concerning the rampant fraud in the marketplace. After we successfully defended against PacifiCorp's appeal from that decision, the action was returned to the trial court, where we were permitted to amend our complaint to allege a $200M punitive damage claim to go along with a claim for compensatory damages in excess of $44M. Recently, we successfully opposed PacifiCorp's motion to dismiss the action or preclude litigation of certain issues based on a decision by the Oregon Public Utility Commission arising out of the same scandal.
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