Christine Reinert Named to Super Lawyers Rising Stars List
MacMillan, Scholz & Marks is pleased to report that Christine Reinert was honored in the 2017 issue of Oregon Super Lawyers magazine. The publication identifies the top attorneys in Oregon, as chosen by their peers and through the research of Super Lawyers, which...
Oregon Court of Appeals Again Upholds Product Liability Statute of Repose
In Lunsford v. Dynacco, et al., plaintiff brought product liability claims against Dynacco and others, alleging plaintiff’s decedent died as a result of exposure to benzene-containing products. MS&M defended Dynacco and obtained dismissal of all claims based on...
Megan Ferris has been invited to join the Claims and Litigation Management Alliance
MacMillan Scholz & Marks PC is pleased to announce that Megan Ferris has been invited to join the prestigious Claims and Litigation Management Alliance. The CLM is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate...
Oregon Supreme Court issues significant opinion in Horton v. OHSU
On May 5, 2016, the Oregon Supreme Court issued its opinion in Horton v. OHSU, SC S061992 (May 5, 2016). It is 141 pages long and significantly changes Oregon law. In summary: Plaintiff obtained a jury verdict in a medical malpractice case of approximately...
Implied Waiver of Subrogation
by Leslie Kocher-Moar and Chelsey Thorne It has been over ten years since Koch v. Spann, 193 Or.App. 608, 92 P.3d 146 (2004) was decided, but is still often cited in insurance subrogation cases. In this seminal subrogation case, the Oregon Court of Appeals declined...
Brownstone Homes Condo. Assn. v. Brownstone Forest Heights, LLC, et al. and Capital Specialty Insurance Co.
by Megan L. Ferris and Kristin M. Welsh The Oregon Supreme Court in Brownstone Homes Condo. Assn. v. Brownstone Forest Heights, LLC, and Capital Specialty Insurance Co., 358 Or 223 (2015) recently overruled more than forty years of precedent (Stubblefield v. St. Paul...
West Hills v. Oregon Auto & Impact on Insurer’s Evaluation of Tenders Made Pursuant to Ongoing Operations Endorsement
West Hills Development Company v. Chartis Claims, Inc., et al., and Oregon Automobile Insurance Company, 273 Or App 155 (2015) by Megan Ferris and Kristin Welsh In West Hills Development Company v. Chartis Claims, Inc., et al., and Oregon Automobile Insurance Company...
Christine Reinert Recognized as “Rising Star” by Super Lawyers Magazine
MacMillan, Scholz & Marks, P.C. is pleased to report that senior associate Christine Reinert was selected as a Rising Star in the state of Oregon by Super Lawyers Magazine. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of...
Oregon Court of Appeals Upholds Dismissal Based on Statute of Repose
Plaintiff had brought product liability claims against Dynacco and others, alleging plaintiff’s decedent died as a result of exposure to benzene-containing products, some of which were allegedly manufactured by Dynacco. The trial court dismissed all claims against...
Preemptory Release at Ski Resort Found Unconscionable by Oregon Supreme Court
In Bagley v. Mt. Bachelor, Inc., the Oregon Supreme Court recently refused to enforce the preemptory release the Mt. Bachelor ski resort was requiring patrons purchasing season passes to accept, holding that the release was unconscionable. 356 Or. 542 (2014). The...
Oregon Court of Appeals Continues to Refine the Applicable Statutes of Repose and Limitation in Construction Defect Cases
As discussed below, two recent Oregon Court of Appeals decisions have shed further light on statute of repose and litigation issues in construction defect cases. The two companion cases are Riverview Condo. Ass'n v. Cypress Ventures, Inc., No. 100710713, 2014 WL...
“Recovery” Requires a Money Judgment in Actions Under ORS 742.061
ORS 742.061 (emphasis added) provides in relevant part: "…if settlement is not made within six months from the date proof of loss is filed with an insurer and an action is brought in any court of this state upon any policy of insurance of any kind or nature, and the...