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...
Super Lawyers Honors Megan Ferris and Samantha Javier for Construction Litigation Excellence
MacMillan, Scholz & Marks is pleased to share that two of our attorneys were recognized in the 2022 edition of Oregon Super Lawyers. The magazine identified the top five percent of attorneys in the state, as chosen by their peers and through the research of Super...
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...
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...