Erickson for Congress Com. v. Salinas for Oregon Com.

Defendant appealed the trial court’s denial of their special motion to strike Plaintiff’s complaint under ORS 260.532. The complaint alleged that Defendant published a political advertisement containing false information about Mike Erickson, and even after notification that the advertisement was false, Defendant did not take it down. On appeal, Defendant argued that the trial court erred in concluding Plaintiff “present[ed] substantial evidence to support a prima facie case,” and that Plaintiff failed to “submit sufficient evidence from which a reasonable trier of fact could find that Plaintiff met its burden of production.” The Oregon Court of Appeals agreed and reasoned that under ORS 260.532, a statement is not false when it is “ambiguous or merely raises the possibility of a false inference.” The court found that Plaintiff failed in meeting its burden to establish a prima facie case of falsity under the statute. The trial court’s decision was reversed and remanded with instructions to grant Defendant’s motion to strike and to dismiss Plaintiff’s complaint.