The Importance of Keeping Local Subrogation Attorneys
The Critical Role of Local Subrogation Attorneys in Maximizing RecoveryIn the complex landscape of insurance claims and subrogation, the importance of having a local presence cannot be overstated. Local subrogation attorneys play a pivotal role in navigating the...
Five MacMillan, Scholz & Marks Attorneys Honored in 2025 Best Lawyers Guides
MacMillan, Scholz & Marks is pleased to report that four of our attorneys were named in the recently released 2025 edition of The Best Lawyers in America©. The longstanding guide identifies the top five percent of lawyers in the United States. We congratulate the...
Four MSM Attorneys Named in 2024 Edition of Oregon Super Lawyers Magazine
The 2024 issue of Oregon Super Lawyers magazine was released today. We’re delighted to report that, once again, MacMillan, Scholz & Marks was well represented in the annual publication. Oregon Super Lawyers identifies the top five percent of attorneys in the...
Certain Words Required: In Certain Underwriters the Oregon Supreme Court Clarified that Contract Terms Disclaiming Tort Liability Must be Explicit “Beyond Doubt”
In Oregon, contracting parties may agree to disclaim tort liability. However, to do so requires unambiguous contract language such that the waiving party undoubtedly knows what they are bargaining for. Oregon recognizes a general “policy favoring the freedom to...
Use of Artificial Intelligence (A.I.) by Legal Professionals
This article was written with the assistance of Artificial Intelligence. Sort of. When I was asked to write an article about the potential benefits and pitfalls of the use of Artificial Intelligence (A.I.) by legal professionals in preparing legal documents, I wanted...
The Moody Blues: Moody v. Oregon Cmty. Credit Union, 371 Or. 772 (2023)
On December 29, 2023, the Oregon Supreme Court issued its much anticipated opinion in Moody v. Oregon Cmty. Credit Union, 371 Or. 772 (2023). As discussed below, the opinion generally affirmed the Oregon Court of Appeals January 2022 decision that caused quite a stir...
Comparative Misconduct: A Subspecies of Contributory Negligence?
It is well established in Oregon that a plaintiff’s mere negligence cannot be compared to a defendant’s higher culpable conduct, such as reckless, wanton, or willful conduct. Hampton Tree Farms, Inc. v. Jewett, 158 Or. App. 376, 393–94, 974 P.2d 738, 747. But simple...
MacMillan, Schols & Marks Seeking Associate Attorney
MacMillan, Scholz & Marks, LLC, Portland, OR Established Portland, Oregon law firm specializing in insurance defense seeking an entry to mid-level associate attorney with 2-5 years practical experience in civil litigation to complete our insurance defense team....
2024 Best Lawyers in America Guide Includes Four from MacMillan, Scholz & Marks
MacMillan, Scholz & Marks is delighted to share that four of our attorneys were named in the newly released 2024 edition of The Best Lawyers in America©. The venerable guide identifies the top five percent of lawyers in the United States. We congratulate the...
Five MSM Attorneys Recognized in Oregon Super Lawyers 2023 Edition
MacMillan, Scholz & Marks had a strong showing in the 2023 edition of Oregon Super Lawyers magazine, which was released today. All four of the firm’s women owners -- Annapurna Raman, Megan Ferris, Christine Reinert, and Leslie Kocher-Moar -- were included in the...
Maximizing Recovery: The Benefits of Involving Counsel Early in Large Loss Subrogation Cases
Subrogation recoveries can often become an afterthought in the insurance industry. However, in large loss subrogation cases, retaining subrogation counsel early may help carriers maximize their recovery. These cases involve significant financial stakes and complex...
Can a contract dispute with an elderly person lead to a viable claim for financial elder abuse under Oregon law?
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...