STATE EX REL ROSENBLUM v. LIVING ESSENTIALS

(CC 14CV09149) (SC S068857).

529 P.3d 939 (2023)

371 Or. 23

STATE EX REL Ellen F. ROSENBLUM, in her official capacity as Attorney General for the State of Oregon, Petitioner on Review, v. LIVING ESSENTIALS, LLC, a Michigan limited liability company; and Innovation Ventures, LLC, a Michigan limited liability company, Respondents on Review.

Supreme Court of Oregon.

May 4, 2023.


Attorney(s) appearing for the Case

Carson L. Whitehead , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Michael J. Sandmire , Buchalter Ater Wynne, Portland, argued the cause and filed the brief for respondents on review. Also on the brief was Rachel C. Lee , Stoel Rives LLP, Portland.

Chris Mertens , Mertens Law, LLC, Portland, filed the brief for amicus curiae Oregon Consumer Justice.

Nadia H. Dahab , Sugerman Dahab , Portland, and John W. Stephens , Esler Stephens & Buckley, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Paloma Sparks , Oregon Business & Industry, Salem, filed the brief for amicus curiae Oregon Business & Industry Association.

Before Flynn, Chief Justice, Duncan, Garrett, and DeHoog, Justices, and Balmer and Walters, Senior Judges, Justices pro tempore.


This case arises under the Unlawful Trade Practices Act (UTPA), ORS 646.605 to 646.656.1 The UTPA sets out an extensive list of unlawful business practices that the legislature has deemed harmful to Oregon consumers, and it provides for public and private enforcement actions.

The Attorney General...

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