CURZI v. OREGON STATE LOTTERY

A159674.

398 P.3d 977 (2017)

286 Or. App. 254

Justin CURZI, on behalf of himself and all other similarly situated individuals, Plaintiff-Appellant, v. OREGON STATE LOTTERY; IGT (Inc.); GTECH Canada, ULC; and WMS Gaming, Inc., Defendants-Respondents.

Court of Appeals of Oregon.

June 14, 2017.


Attorney(s) appearing for the Case

Jay Zollinger argued the cause for appellant. With him on the briefs were Outside General Counsel Services, P.C., Helen C. Tompkins , and Tompkins Law Office, LLC.

Keith L. Kutler , Assistant Attorney General, Salem, argued the cause for respondent Oregon State Lottery. With him on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Thomas W. Sondag , Portland, argued the cause for respondents IGT (Inc.) and GTECH Canada, ULC. With him on the brief was Lane Powell PC.

Brad S. Daniels , Timothy W. Snider , and Stoel Rives LLP filed the brief for respondent WMS Gaming, Inc.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.


Plaintiff Justin Curzi appeals from a judgment dismissing his claims with prejudice and a supplemental judgment awarding certain defendants their prevailing party fees. Plaintiff played state-sanctioned video poker machines offered by defendant Oregon State Lottery (the Lottery). Plaintiff brought claims against both the Lottery and several...

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