Susan Marmaduke
Shareholder | Portland Office
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Memberships/Affiliations

Susan is an active member of the Oregon, Washington and California State Bars, and an inactive member of the Pennsylvania State Bar. She is a member of the American Bar Association, the Federal Bar Association, the Multnomah Bar Association, and the Oregon Women Lawyers Association. Susan has received an AV® ("signifying the highest level of professional excellence") rating in the confidential peer reviews conducted by the Martindale-Hubbell National Law Directory. Susan is an Oregon Super Lawyer in the area of business litigation and a Best Lawyer in America in the area of appellate law. She also received the Multnomah Bar Association Award of Merit in 2007.

Education

Susan received her law degree from the University of California at Berkeley - Boalt Hall in 1977. She received her BA from Portland State University. She received her Arabic Language Certificate at the Bourguiba Institute of Modern Languages in Tunis, Tunisia.

Professional and Community Activities

• American Bar Foundation - Fellow
• Lawyers' Committee for Civil Rights Under Law - Board of Trustees Member
• Multnomah Bar Association - Board of Directors
• Oregon Association of Defense Counsel - Board of Directors, Amicus Committee Member
• Oregon State Bar House of Delegates - Delegate
• Oregon Business Association - Good Government Committee, Vice Chair
• US District Court for the District of Oregon - Local Rules Advisory Committee

Presentations

• 2009 OADC Fall Seminar - Co-host of the Oregon Association of Defense Counsel Fall Seminar (November 6, 2009)
• 2007 OADC Fall Seminar - "Appellate Update," sponsored by the Oregon Association of Defense Counsel (November 2, 2007)
• 2006 Oregon Health Law Update - "Clarke v. OHSU: The Broader Implications," sponsored by the Oregon Health Lawyers Association (December 1, 2006)
• Community Planning Day - "Disaster Planning: Lessons Learned From Katrina," sponsored by City of Portland Department of Planning and Angelo Planning Group (November 2, 2006)
• Forum on Oregon Constitutional Amendment 40 sponsored by Oregon State Bar and American Constitution Society for Law and Policy - Oregon Chapter (October 18, 2006)
• Sustainable Land Use & Measure 37 Symposium - "The State of the Litigation," sponsored by Journal of Environmental Law & Litigation (October 7, 2005)
• Judgment Day for Litigators Continuing Legal Education Seminar - "Appealing Judgments After January 1, 2004,” sponsored by Oregon Law Institute (December 12, 2003)

Publications

Susan has written numerous articles on law and public policy. Some recent examples include:

• "Shareholder Disputes: A Statutory Escape Route," Oregon State Bar Bulletin (© 2010)
• "Advance agreements reduce chance of succession battles," Portland Business Journal (© 2010)
• "Downstream: Negligence can cause liability to strangers," Portland Business Journal (© 2008)
• "Upcoming decisions affect Oregon businesses," Oregon Business Magazine, Oregon Business Law Journal section (© 2007)
• "Let's Keep Politics Out of the Courts," 67 - OCTOBER Or. St. Bull. 70 (© 2006)
• "The Law of Judgments Redux: Recent Amendments to the 2003 Revisions," 65 - JANUARY Or. St. Bull. 35 (© 2006)
• "The Effect of Administrative Decisions on Claims for Compensation in Circuit Court Under Measure 37," 20 J. Envtl. L. & Litig. 329 (© 2005)
• "Safeguarding our local charities' funds," Oregon Business Magazine (© 2005)
• "Punitive damages: What are the risks to Oregon businesses?" Oregon Business Magazine, Oregon Business Law Journal section (© 2004)
• "The Law of Judgments: How should a concluding decision be labeled?" 64 - MAY Or. St. B. Bull. 31 (© 2004)
• "Abandoning ‘We Can’t Tell’; Does Shoup Run Afoul of the Oregon Constitution?” 63 - JUL Or. St. B. Bull. 13 (© 2003)
• "Jurisdiction, Removal and Remand,” Federal Civil Litigation in Oregon, Oregon State Bar Continuing Legal Education (© 2002)
• "Sleepy Workers May Pose New Liability for Employers," Issues of Injury, Medical Consultants Network, Inc., Vol. 10, No. 3 (© 1996)

Representative Cases:

• Albrecht v. Justices of the Oregon Supreme Court, 2007 WL 3283694 (D. Or.)
  Represented manager of regulatory services of the Oregon State Bar against claim by disbarred lawyer that his constitutional rights were violated in disbarment process
• Stormwater Management, Inc. v. CDS Technologies, Inc., 2005 WL 743073 (D. Or.)
  Local counsel in patent infringement case
• Fields v. Coe Manufacturing Company, USDC (Oregon), No. CV 02 1025 AA and Fields v. Three Cities Research, Inc. et al., No CV 02 975 AA (2005).
  Represented former CEO and sole shareholder in dispute over sale of the company.
• Schultz v. Kirkland, 2004 WL 1354269 (D. Or)
  Local counsel in action for breach of fiduciary duties under ERISA
• Symantec Corporation v. CD Micro, Inc., 2003 WL 23538040 (D. Or.)
  Local counsel in intellectual property dispute
• McLean v. Charles Ellis Realty, et al., 189 Or App 417, 76 P3d 661 (2003).
  Represented realty company in appeal involving measure of damages in tort claims.
• Dean, et al. v. Hagen, et al., Multnomah County Circuit Court No. 0103-02505 (2002).
  Represented CPA in professional malpractice case involving estate planning and taxation issues.
• League of Oregon Cities, et al. v. State of Oregon, et al., 334 Or 645, 56 P3d 892 (2002).
  Assisted in challenge to constitutionality of initiative measure (“Measure 7”) involving compensation for regulations involving the use of land.
• Hayes v. Olmsted & Associates, 173 Or App 259, 21 P3d 178 (2001).
  Represented majority shareholders in appeal of oppressive conduct claim by employee and minority shareholder.
• Daryl Johnson v. Civil Service Board of City of Portland, 162 Or App 527, 986 P2d 666 (1999).
  Represented Curator of International Rose Test Gardens in petition for writ of review from administrative agency decision.
• McMillan, et al. v. Follansbee, et al., Linn County Circuit Court No. 981006,
  Represented trust beneficiaries in dispute with trustees and other co-owners of timberland over action for partition.
• Ron Robertson v. Lincoln Cristi, Inc., et al., Clark County (Washington) Superior Court No. 98 2 04785 6.
  Represented corporate directors in shareholder dispute.
• In the Matter of the Estate of Juan Young, Multnomah County Circuit Court No. 9703 90477.
  Represented co-personal representative in dispute among shareholders and fiduciaries over stock redemption agreement; resolution resulted in funding of one of the ten largest charitable trusts in Oregon.
• Coe Manufacturing, Inc. v. Laminex (Australia) Pty. Ltd., Multnomah County Circuit Court No. 9607-05618; and Reliance Electric Industrial Co., et al v. Laminex (Australia) Pty. Ltd., No. 9607-05625 (consolidated cases).
  Represented Laminex, an Australian particleboard manufacturer, in the Oregon portion of a multi-party international commercial dispute.
• Mentor Graphics Corporation v. ATTI, Inc., Washington County Circuit Court No. C970634CV.
  Represented Mentor Graphics in trade secret litigation involving "design for test" software.
• Mushroom Associates, et al. v. Monterey Mushrooms, Inc., et al., U.S. District Court for Northern District of California, Civ. No. 91-1092 WHO.
  Represented defendants in patent infringement case involving vacuum infusion of mushrooms during processing.
• Walker v. Mitchell, et al., 133 Or App 565, 891 P2d 1359 (1995).
  Represented plaintiffs in wrongful death action from summary judgment granted to Defendant State of Oregon on grounds that the State Aeronautics Division was immune from liability.
• Hirsovescu v. Shangri-La, Inc., 127 Or App 22, 870 P2d 859 (1994). Represented employee in appeal of tort claims against corporation and its officers and directors.
• Glacier Optical v. Optique Due Monde, Ltd., 816 F Supp 646 (D Or 1993).
  Represented retailer in antitrust action against supplier.
• Monterey Mushrooms, Inc. v. Vito John LaTorre, et al., Monterey County Superior Court No. 98041.
  Represented Monterey Mushrooms, Inc. in dispute over fair market value of agricultural real property (world's largest mushroom growing facility) in Watsonville, California.
• Verex Assurance, Inc. v. California Housing Finance Authority, Sacramento County Superior Court.
  Represented Verex Assurance, Inc., a mortgage guaranty insurance company, in action against the California Housing Finance Authority for breach of contract to provide mortgage guaranty insurance for 3,000 unit housing developments.
• MacLean & Associates, Inc. v. American Guaranty Life Ins. Co., 85 Or App 284, 736 P2d 586 (1987).
  Represented cable television system operator as respondent on appeal of verdict for damages arising out of breach of contract to install and operate cable system at Rippling River resort.
• Verex Assurance, Inc. v. Maduff Mortgage Co., 622 F Supp 85 (1985), aff’d in part, rev’d in part, Verex Assurance v. John Hanson Savings & Loan, 816 F2d 1296 (9th Cir 1987).
  Represented mortgage guaranty insurer in action to rescind coverage of fraudulent loans in two Oregon real estate developments.