Filed: December 13, 2012
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
acting by and through the Oregon State Treasurer,
and the Oregon Public Employee Retirement Board,
on behalf of the Oregon Public Employee Retirement Fund,
Petitioner on Review,
v.
MARSH & MCLENNAN COMPANIES, INC.
and MARSH, INC.,
Respondents on Review,
and
JEFFREY GREENBERG
and RAY GROVES,
Defendants.
(CC 050808454; CA A139453; SC S059386)
En Banc
On review from the Court of Appeals.*
Argued and submitted December 7, 2011.
Keith S. Dubanevich, Special Counsel, Salem, argued the cause for petitioner on
review. With him on the briefs were John R. Kroger, Attorney General, Mary H.
Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.
James T. McDermott, Ball Janik LLP, Portland, argued the cause for respondents
on review. With him on the brief was Dwain M. Clifford.
Kim T. Buckley and John W. Stephens, Esler, Stephens & Buckley, LLP,
Portland, filed a brief on behalf of amici curiae Oregon Trial Lawyers Association and
Economic Fairness Oregon.
Meyer Eisenberg, Washington D.C., and Franklin Jason Seibert, F.J. Seibert, LLC,
Salem, filed a brief on behalf of amici curiae Meyer Eisenberg and Franklin Jason
Seibert.
Robert S. Banks, Jr., Banks Law Office, PC, Portland, filed a brief on behalf of
amicus curiae North American Securities Administrators Association.
DE MUNIZ, J.
The decision of the Court of Appeals is reversed, and the case is remanded to the
Court of Appeals for further proceedings.
*Appeal from Multnomah County Circuit Court, Frank L. Bearden, Judge. 241 Or
App 107, 250 P3d 371 (2011).
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