Limitations on the “Made Whole” Doctrine in Washington PIP REIMBURSEMENT
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...
Accident Scene Investigation: Planning and Execution
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...
Megan Ferris Named “Lawyer of the Year” in 2023 Best Lawyers Guide
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...
2023 Best Lawyers Guide Honors Five MSM Attorneys
We are pleased to share that five attorneys from MacMillan, Scholz & Marks were recognized in the 2023 edition of The Best Lawyers in America©, which was issued today. And, one of those attorneys was singled out as “Lawyer of the Year.” Trial attorney Annapurna...
Timber Trespass: A Roadmap of Complexities
Oregon is a temperate rainforest, which makes it beautiful, but also opens it up to a slew of timber related claims. Throw in tribal and federal law along with Oregon’s own laws and it makes such claims a difficult, and high stake, system to navigate. Timber trespass...
Super Lawyers Honors Megan Ferris and Samantha Javier for Construction Litigation Excellence
MacMillan, Scholz & Marks is pleased to share that two of our attorneys were recognized in the 2022 edition of Oregon Super Lawyers. The magazine identified the top five percent of attorneys in the state, as chosen by their peers and through the research of Super...
An End to Futile Amendments Under Eklof v. Persson?
On April 21, 2022, the Oregon Supreme Court issued Eklof v. Persson, 369 Or 531, 533 (2022), a decision that limits a petitioner’s right to amend a complaint under ORCP 23(A) in a post-convictionrelief case. ORCP 23(A) allows one pleading amendment as a matter of...
A New Era? Interpreting the Impact of Moody
On January 26, 2022, the Oregon Court of Appeals issued its ruling in Moody v. Oregon Community Credit Union and Federal Insurance Company, 317 Or App 233 (2022). The Oregon Court of Appeals reversed and remanded the trial court’s ruling. In the underlying case,...
Yeatts v. Polygon NW – Application of ELL Where General Contractor Retains Right to Control Safety at Jobsite
The Oregon Court of Appeals and Supreme Court decisions regarding Yeatts v. Polygon Northwest Company, have significantly shaped the application of Oregon’s Employer Liability Law (ELL). The claim arose out of a worksite injury to Arthur Yeatts, an employee of Wood...
How It Started, How It’s Going: The Steady March of Gender Equality
MacMillan, Scholz & Marks attorney Jaimie A. Fender chairs the Oregon Association of Defense Counsel's (OADC) Women in Law Affinity Group (WIL). In the latest issue of OADC's quarterly magazine "The Verdict," Fender introduces an ongoing series in which the WIL...
Oregon Court of Appeals Upholds Trial Judge’s Refusal to Give Substantial Factor Jury Instruction
On December 1, 2021, the Oregon Court of Appeals issued an opinion affirming a defense verdict in the case of Roberta Haas and Kevin Haas v. The Estate of Mark Steven Carter and State Farm Mutual Automobile Insurance Company. On appeal, Leslie A. Kocher-Moar of...
U.S. News & World Report Names MacMillan, Scholz & Marks a Tier 1 Firm
U.S. News & World Report and Best Lawyers recently announced their 2022 “Best Law Firms” rankings. We are pleased to report that MacMillan, Scholz & Marks garnered a Tier 1 designation in the Portland, Oregon area for construction litigation. U.S. News also...