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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,...

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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...

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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...

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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...

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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...

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