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...

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...

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, 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....

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...

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...

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...

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...

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...

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...

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...

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...