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Jill O. Gibson, Lynch Murphy McLane, LLP
Clackamas County Judge previously ruled that the Corrupt Practices Act violation & defamation case filed against her, by Republican Mike Erickson, could proceed
— Jill O. Gibson, Lynch Murphy McLane, LLP
PORTLAND, OR, USA, December 20, 2022 /EINPresswire.com/ — Case number: 22CV33968
Attorneys representing Andrea Salinas asked the Oregon Court of Appeals to overturn a ruling that allowed a Corrupt Practices Act violation and defamation case against her to proceed.
On Dec 1, 2022, Clackamas County Circuit Court judge Todd VanRysselberghe ruled the lawsuit, filed against Salinas by Oregon Congressional District 6 candidate, Republican businessman Mike Erickson, met the preliminary criteria to continue.
In his order, the Judge wrote that “Plaintiff (Mike Erickson) has established that there is a probability that Plaintiff will prevail on its Corrupt Practices Act claim by presenting substantial evidence of a prima facie case, that is, that Defendants published a false statement of material fact with knowledge or reckless disregard that it was false.”
Erickson’s attorney Jill Gibson demonstrated that Salinas created, approved, and ran false television ads against Erickson for over a month. Erickson’s attorneys also sent her campaign a cease-and-desist letter.
Salinas filed the appeal last week, delaying the trial, initially scheduled for Dec. 20-23 in Clackamas County.
Gibson said, “Andrea Salinas’s appeal of the judge’s ruling is a delay strategy that lets her start serving in Congress before having to answer questions about her false statements and Corrupt Practices Act violations.”
The election outcome was close, with Salinas leading with 49.9% of the vote. She is scheduled to be sworn into office on Jan 3, 2023.
The appeal will push the trial out several months after new members are sworn into Congress.
For reference:
The Corrupt Practices Act ORS 260.532(8): If a judgment is rendered in an action under this section against a defendant who has been nominated to public office or elected to a public office other than state Senator or state Representative, and it is established by clear and convincing evidence that the false statement was deliberately made or caused to be made by the defendant, the finder of fact shall determine whether the false statement reversed the outcome of the election. If the finder of fact finds by clear and convincing evidence that the false statement reversed the outcome of the election, the defendant shall be deprived of the nomination or election and the nomination or office shall be declared vacant.
Copy of complaint
Copy of Judge’s Ruling
Copy of Defendant Notice of Appeal
Case number: 22CV33968
Court of record: Circuit Court of the State of Oregon for the County of Clackamas
Jill O. Gibson, OSB #973581
Lynch Murphy McLane LLP
+1 541-383-5857
email us here
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