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P. Andrew McStay Jr.
Partner
Main Bio Food + Beverage Bio
Andy McStay defends food industry clients against food safety claims, including against class action claims. He represents food processors, distributors, and retailers in foodborne illness and contamination cases and supply chain disputes. He also provides regulatory and insurance advice to clients facing product recalls. He has significant first-chair trial and appellate experience in state and federal courts.
Fairbank Reconstruction Corp. v. Greater Omaha Packing Co., Inc.
Representing ground beef manufacturer in a lawsuit to recover recall-related expenses and lost profits stemming from a supplier's provision of E. coli-contaminated raw beef. (W.D.N.Y. Ongoing)
Trial counsel for manufacturer of dairy-based products
Handling numerous cases in California for manufacturer of dairy-based products involved in a botulism outbreak. (Sacramento Cnty. (Cal.) Super. Ct. Ongoing)
Food safety class action counsel
Representing producer in nationwide putative class action brought by consumers seeking damages from a romaine lettuce recall. (N.D. Cal. Ongoing)
LaChapelle et al. v. Kim et al.
Defending shareholder derivative action brought against directors and largest investing entity. After jury trial in September 2014, argued in front of the Oregon Court of Appeals, September 2017; awaiting decision from the court. (Or. App. Ongoing)
Supply chain dispute
Defended client against significant personal injury claims stemming from inadvertent listeria contamination caused by vendor's defective ingredient. Successfully resolved the injury claims via settlement. Also represented client in negotiations with vendor and successfully recovered compensation for lost profits and recall-related expenses without resorting to litigation. (2019)
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Admitted to Practice
- Oregon, 2003
- U.S. Court of Appeals, 9th Circuit, 2003
- U.S. District Court, District of Oregon, 2005
Education
- J.D., University of Texas School of Law, 2003, magna cum laude
- Order of the Coif
- Texas Law Review
- Chancellors
- M.Phil., American History, Columbia University, 1998
- M.A., American History, Columbia University, 1997
- B.A., History, Yale University, 1994, magna cum laude
Memberships & Affiliations
- Board Member, Boys & Girls Aid Society, 2017-present
- Board Member, Pioneer Courthouse Historical Society, 2015-present
- Former Member, Oregon State Bar Unlawful Practice of Law Committee
- Former Member, Oregon State Bar Federal Practice & Procedure Committee
Professional Recognition
- Named one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Oregon), 2023-2024; Food & Beverages: Regulatory & Litigation, 2024
- Named as one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2024-present
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Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More Publications
06.05.23
News
Chambers USA Recognizes Davis Wright Tremaine for Leadership Across Key Industry Sectors and Honors the Firm for Excellence in 51 Practices Read More non-compete agreement
05.27.21
Insights
Oregon
New Oregon Law Targets Non-Competes (Again) Read More
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