by Ashley Shearer | Apr 22, 2023
Breach of contract claims commonly arise in civil litigation. An interesting question arises when one party to a contract is an elderly person, defined by Oregon law as a person 65 years of age or older, and thus a vulnerable person. ORS 124.100(a); (e)(A). ORS...
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...
by David Schor | Dec 14, 2022
Liability insurance policies are typically written to apply in the event of an “occurrence” as defined by the policy. A typical commercial general liability (CGL) policy might define an occurrence as “an accident, including continuous or repeated exposure to...
by Corey Kozachenko | Sep 12, 2022
Ever since Mahler v. Szucs, 135 Wn.2d 398 (1998) and Thiringer v. American Motors, 91 Wn.2d 215, 588 P.2d 191 (1978), which introduced the “common fund” and “made whole” doctrines into Washington jurisprudence, Washington personal injury attorneys have been pushing...
by Greg Reinert | Sep 6, 2022
Time Is Of The Essence The sooner you can initiate your investigation after an accident the better. Investigation delays may result in evidence being lost, tampered with, or otherwise spoiled. Common sense tells us that witness memories fade over time and research...
by Megan Ferris | Aug 18, 2022
We are thrilled to report that an attorney from MacMillan, Scholz & Marks received special recognition in the 2023 edition of The Best Lawyers in America©, which was released today. Megan Ferris was singled out as the 2023 “Lawyer of the Year” for construction...
