by Mark Firmin | Jun 9, 2024
In Oregon, contracting parties may agree to disclaim tort liability. However, to do so requires unambiguous contract language such that the waiving party undoubtedly knows what they are bargaining for. Oregon recognizes a general “policy favoring the freedom to...
by Mark Firmin | Apr 14, 2023
The recent decision in Miller v. Agripac, Inc., 322 Or. App. 202, 518 P.3d 957 (2022) casts serious doubt on the ability of negligent co-defendants to reduce their exposure to damages via comparative fault with reckless defendants. The impact of Miller is that...
