by Leslie Kocher-Moar | Jun 4, 2014
A recent decision by the Oregon Supreme Court has clarified the requirements for an ORCP 47 E declaration to overcome a motion for summary judgment in the context of a negligence action. The case, Linda Two Two v. Fujitec America, Inc., 355 Or 319 (2014), arose from...
by Megan Ferris | May 22, 2014
A recent opinion by Oregon District Court Judge Michael H. Simon established that the Oregon District Court would adhere to precedent established in the Court of Appeals for the Ninth Circuit, refusing to recognize a federal privilege with respect to medical peer...
by Leslie Kocher-Moar | May 15, 2014
Two recent decisions by the Oregon Supreme Court have narrowed the meaning of “substantial completion” in the context of ORS 12.135, the statue of ultimate repose for construction defect claims. The cases, PIH Beaverton, LLC v. Super One, Inc., 355 Or 267 (2014), and...
by Melanie Rose | May 12, 2014
By Melanie Rose In Kohring et. al. v. Ballard et. al. the Oregon Supreme Court recently held that for venue to be proper under ORS 14.080(2) a defendant business entity must have a regular and systematic flow of products or services within the jurisdiction. 2014 WL...
by Megan Ferris | Apr 27, 2014
MacMillan Scholz & Marks P.C. is pleased to report that shareholder Megan Ferris was one of four Oregon attorneys recently selected by the Oregon State Bar Litigation Section to be recognized as a “Rising Litigator.” Megan received this award at the OSB...
by Leslie Kocher-Moar | Apr 25, 2014
By Leslie A. Kocher-Moar On April 1, 2014, an Oregon federal magistrate judge granted a motion for partial summary judgment filed by MacMillan, Scholz & Marks on behalf of American Family Mutual Insurance Company in an underinsured motorist case. The motion had...
