Oregon Court Denies State Motion to Strike but Dismisses Governor from WA Brewery Lawsuit

Late last year, the State of Oregon filed a motion to dismiss the complaint in the lawsuit by several Washington state breweries. The state sought to both strike the Complaint on jurisdictional issues and also moved to dismiss the Complaint.

In a short opinion, Judge Simon agreed to dismiss the Oregon Governor as a defendant, but denied the state’s attempt to strike the complaint. The judge noted that the state was pushing “form over substance” and will allow the Plaintiffs to file an Amended Complaint. The Judge agreed with the state that the Governor should be removed from the lawsuit.

This case will proceed under the new complaint and one less party.

(previous post) Updated Filings in Oregon Lawsuit by Washington Breweries

There have been a round of filings in the lawsuit filed by Washington brewers against Oregon laws. The Defendants have responded to Oregon’s Motion to Dismiss for lack of jurisdiction by filing a response to the Motion to Dismiss with a request to amend their complaint to add more state government officials.

The state responded by responding and noting that even with the amendment complaint there is a lack of jurisdiction and the motion to dismiss is still appropriate.

The links to the filed documents are not working today so I hope to find a solution for future updates on this space.

(previous post) Oregon Moves to Dismiss Washington Brewer Lawsuit

The State of Oregon filed a motion to dismiss the lawsuit filed by an Oregon consumer and three Washington breweries. It its motion, the state noted that the complaint fails to state a claim and that the three state officials listed are enttiled to soverign immunity.

The underlying complaint is levied against the Governor, Attorney General, and the Chairman of the seven person Oregon Liquor and Cannabis Control Commission. The state notes that none of these officials are in chage of administering the state alcohol code, have immunity even if they did, and that the injuries alleged by the Plaintiffs are not likely to be redressed by relief sought.

The Plaintiffs will have an opportunity to respond to the state’s motion.

(previous post) Washington Brewers File Lawsuit Against Oregon For Right to Ship to Consumers and Retailers

The same plaintiff’s attorney that has brought nearly two dozen, mostly unsuccessful lawsuits against states on behalf of wineries and retailers now has added breweries to his list of plaintiffs.

A lawsuit was filed this week by three Washington breweries against Oregon on its laws relating to direct sales to consumers and for direct sales to retailers. The lawsuit alleges violations of the dormant Commerce Clause. It was filed in the federal district court in Oregon. Apparently they plaintiffs believe the Oregon market is not craft beer friendly enough.

We will follow the lawsuit and the state’s response.

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