Oregon Supreme Court Rejects Legal Malpractice Theory Based on Attorney’s Failure to Assert “Colorable” Claims During Underlying Litigation
Brandon Stuber This spring, in Rowlett v. Fagan,[i] the Oregon Supreme Court reversed the Court of Appeals’ conclusion that an attorney could be liable for the negligent failure to assert a merely “colorable” claim during litigation. The collective sigh of relief from members of…
THE MASTER OF THE OFFER: UTILIZING LIABILITY DISCLAIMERS IN ORCP 54 E OFFERS OF JUDGMENT
Chris Parker [i]The offer of judgment rule, ORCP 54 E, is a potentially powerful tool for mitigating attorney fee exposure.[ii] Offers of judgment are particularly useful in cases involving minimal actual damages. An early offer of judgment for the amount of…
Using Construction Defect Notices in Product Liability Cases
Heather Beasley ORS 701.565 contains a notice provision (colloquially, “701 Notice”) well known to those who practice construction defect law. Those who handle product liability cases may be less aware of the application of ORS 701.565. And yet, in product liability cases where property damage is alleged,…
In Another Supreme Court Win for DREX, Oregon Supreme Court Rules Negligent Construction Claims Subject to Two-Year Statute of Limitations
Jonathan Henderson Construction defect cases make up a significant portion of Oregon’s civil docket, and nearly all include claims of negligent construction. For years, the plaintiffs’ bar and the defense bar have fought over whether such claims are subject to the two-year statutory limitation period in ORS 12.110(1),…