Susan Clark v. Eddie Bauer LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SUSAN CLARK, for herself No. 21-35334 and/or on behalf of all others similarly situated, D.C. No. Plaintiff-Appellant, 2:20-cv-01106-JCC

v.

ORDER CERTIFYING

EDDIE BAUER LLC; EDDIE QUESTION TO THE

BAUER PARENT, LLC, OREGON SUPREME

Defendants-Appellees. COURT

Filed April 14, 2022

Before: Jay S. Bybee, Carlos T. Bea, and Morgan Christen, Circuit Judges.

Order SUMMARY *

Oregon Law

The panel certified to the Supreme Court of Oregon the following question:

Does a consumer suffer an “ascertainable loss” under Or. Rev. Stat. § 646.638(1) when the consumer purchased a product that the consumer would not have purchased at the price that the consumer paid but for a violation of Or. Rev. Stat. §§ 646.608(1)(e), (i), (j), (ee), or (u), if the violation arises from a representation about the product’s price, comparative price, or price history, but not about the character or quality of the product itself?

* This summary constitutes no part of the opinion of the court. It has been prepared by court staff for…