Washington Supreme Court Denies Review in Case Involving Default Judgment
In Vanderstoep v. Guthrie, the Clark County Superior Court had entered a default judgment against defendants which included approximately $70,000 in economic damages and $300,000 in noneconomic damages. After the Superior Court refused to set aside the default, an...
Summary Judgment Granted on Workers’ Compensation Immunity Defense
Leslie Kocher-Moar of MacMillan Scholz & Marks obtained summary judgment last week in a Multnomah County Circuit Court case involving a temporary worker who was injured on the job and received workers’ compensation benefits. Plaintiff sued the employer to whom he...
Oregon Court of Appeals AGAIN rules noneconomic damages cap unconstitutional as applied
On January 4, 2018, the Oregon Court of Appeals issued its opinion in Rains v. Stayton Builders. Plaintiff Kevin Rains had fallen 16 feet on a work site and was rendered paraplegic. The jury returned a verdict in favor of Kevin Rains and his spouse Mitzi Rains,...
Defense Verdict in Clackamas County Rear-End Auto Accident
MacMillan Scholz & Marks Shareholder, Leslie Kocher-Moar, obtained a defense jury verdict for her client in a Clackamas County Circuit Court trial concluding on November 29, 2017. Plaintiff had claimed over $300,000 in damages, including the costs of a cervical...
Oregon Court of Appeals Holds That Insurer’s Duty to Defend General Contractor Under Subcontractor’s Policy is Limited by ORS 30.140
A new Oregon case, Security Nat. Ins. Co. v. Sunset Presbyterian Church, 289 Or App 193 (Dec. 6, 2017), holds that a subcontractor’s insurer is not obligated to pay all of a general contractor’s defense costs in an additional insured setting, but only those costs that...
Oregon Court of Appeals Holds That a Social Host is Not Entitled to Immunity From a Claim By a Guest Who Voluntarily Becomes Intoxicated
ORS 471.565(1) provides, in relevant part, that: “A patron or guest who voluntarily consumes alcoholic beverages served by *** a social host does not have a cause of action, based on statute or common law, against the person serving the alcoholic beverages, even...
Oregon Court of Appeals Rules Non-economic Damages Cap Unconstitutional As Applied
On November 1, 2017, the Oregon Court of Appeals issued its opinion in Vasquez v. Double Press Mfg. Plaintiff had been rendered paraplegic as a result of an industrial accident. A jury returned a verdict in excess of $10,000,000, which after reduction for...
Washington Court of Appeals Holds That Default Judgment Should Have Been Set Aside
In Vanderstoep v. Guthrie, the Clark County Superior Court entered a default judgment against defendants which included approximately $70,000 in economic damages and $300,000 in noneconomic damages. After the Superior Court refused to set aside the default, an appeal...
Defense Verdict in Federal Court Dance Team Trial
MacMillan Scholz & Marks Shareholder, Robert Scholz, obtained a defense jury verdict for his client in the U.S. District Court in connection with the Lakeridge Pacer dance team trial that concluded last week. Mr. Scholz’s client was a volunteer parent associated...
“Attorneys Fee Tort Claim Trap” by Megan Ferris, featured in CLM Construction Claims Magazine (Fall 2017)
“Attorney Fee Tort Claim Trap” CLM Construction Claims Magazine (Fall 2017)
Megan Ferris Named Fellow of Construction Lawyers Society of America
Megan Ferris, a shareholder with MacMillan, Scholz & Marks, has been selected as a Fellow of the Construction Lawyers Society of America (CLSA). The CLSA is an invitation-only international honorary association composed of preeminent lawyers specializing in...
Megan Ferris Named in the 2018 Best Lawyers in America Guide
MacMillan, Scholz & Marks is delighted to announce that Megan Ferris, a shareholder with the firm, has been included in the 2018 edition of The Best Lawyers in America. Megan was recognized for her competence in the area of construction litigation. Since it was...