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Desktop Image: McStay, P. Andrew
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P. Andrew McStay Jr.

Partner

T 503.778.5302 Portland
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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
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Publications
08.17.23
News
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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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©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.