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STATE EX REL. ROSENBLUM v. KROGER

110100494; A153226.

362 P.3d 1197 (2015)

275 Or. App. 23

STATE ex rel. Ellen F. ROSENBLUM, Attorney General of Oregon, Plaintiff-Appellant, and John R. KROGER, Plaintiff, v. Johnson & Johnson; McNeil-PPC, Inc.; and McNeil Healthcare, LLC, Defendants-Respondents.

Court of Appeals of Oregon.

Decided November 25, 2015.

Attorney(s) appearing for the Case

David B. Thompson , Assistant Attorney General, argued the cause for appellant. With him on the briefs were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

James T. McDermott , Portland, argued the cause for respondents. With him on the brief was Ball Janik LLP.

Before SERCOMBE, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

The state appeals a judgment dismissing this action pursuant to the Oregon Unlawful Trade Practices Act (UTPA), ORS 646.607 and ORS 646.608, against defendants, who manufacture and distribute the over-the-counter painkiller Motrin. The state argues that the trial court, in dismissing the...

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