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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...

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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...

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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...

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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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