Small Businesses Caution Tort Liability Expansion in Latest Brief

December 22, 2023

Small Businesses Caution Tort Liability Expansion in Latest Brief

SALEM, Ore. (Dec. 22, 2023) – NFIB joined a business coalition amicus brief in the case Bohr v. Tillamook County Creamery Association at the Oregon Supreme Court. The case concerns the reliance requirement and tort liability for misrepresentation claims under Oregon’s consumer protection laws. “Small businesses are easy targets for frivolous and costly lawsuits,” said Anthony K. Smith, NFIB Oregon State Director. “If the Court adopts the Petitioners’ theory, the outcome will result in an unwarranted expansion of tort liability for all small businesses in Oregon. We ask the Court to affirm the Court of Appeals’ decision and protect small businesses.” “Individual reliance has long been required for consumer fraud and misrepresentation claims,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “This Court has previously held that individual reliance is a fundamental element of such claims and should continue to do so, affirming the decision below.” NFIB’s brief argued three main points: 1) Petitioners must plead and prove individual reliance to establish liability, 2) recovery based on inflated prices alone is not permissible in the consumer retail market context, and 3) eliminating reliance or imposing liability based on inflated prices alone for consumer fraud or misrepresentation claims will harm businesses and consumers. NFIB filed the amicus brief with the U.S. Chamber of Commerce, Consumer Brands Association, Food Northwest, National Retail Federation, Oregon Business & Industry, and Retail Litigation Center. The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

Topics:

Legal

State:

Oregon

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Learn More