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...
Shotgun Tenders – Is the Cost Worth It?
In the complex landscape of multi-party construction defect litigation, tendering to all applicable insurers is a must, and the Additional Insured tender pick-up is the most desired outcome. Like any coveted commodity, accessibility is generally restricted. No matter...
Oregon: Non-Economic Damages Cap Update & Analysis
ORS 31.710(1) provides for a cap of $500,000 on noneconomic damages. On its face, the statutory cap applies to personal injury cases and wrongful death cases. Until 2016, case law held that the cap was unconstitutional when applied to common-law personal injury claims...
MORE THAN HALF MSM ATTORNEYS INCLUDED AMONG THE BEST LAWYERS IN AMERICA, 2022 EDITION
On behalf of MacMillan, Scholz & Marks PC, we are pleased to announce that six of our attorneys are listed in the 2022 Edition of The Best Lawyers in America. This year’s honorees for Portland, Oregon include: Shareholder Megan L. Ferris in Litigation –...
Tips for Engaging in a Battle of the Forms
When defending a client against a breach of contract claim, the first questions to ask are whether the purported contract existed in the first place and whether the allegedly breached terms were part of that contract. At the outset, note that it is not always clear...
Samantha Javier Earns Spot on 2021 Rising Stars Roster
MacMillan, Scholz & Marks is pleased to announce that Samantha Javier, an associate with the firm, was named to Super Lawyers’ annual Rising Stars list. Samantha was recognized for her excellence in the area of construction litigation. This is the second year in...
Strategies for Navigating the Intersection of Landlord Tenant and Civil Defense Cases
The intersection of Oregon landlord-tenant law and civil litigation can be difficult to navigate. Any eviction action must be executed in exact compliance with legal requirements, so it is advisable to consult with an attorney that specializes in landlord-tenant law...
Megan Ferris Joins the Federation of Defense & Corporate Counsel
MacMillan, Scholz & Marks is delighted to announce that Megan Ferris, a trial attorney and shareholder with the firm, has become a member of the Federation of Defense & Corporate Counsel (FDCC). Founded in 1936, the FDCC is an invitation-only organization...