Kyle Ellison
Associate Attorney
206-576-7575
Expertise Overview

Kyle Ellison graduated cum laude from Chapman University School of Law in Orange County, California and served as a symposium editor of the Chapman Law Review.  He began his legal career in California Workers’ Compensation where he represented both injured workers and defended employers against injury claims with both in-house and private firms.  He subsequently moved into private civil litigation defense where he defended insureds in cases ranging from auto accidents, personal injury, premises liability, dog bites, and other related claims.  Kyle joined Smith Freed Eberhard in January 2020 where he has continued to grow his civil litigation practice, including expanding into construction defect litigation.

In his free time, Kyle enjoys reading about history, playing jazz music, swing dancing, photography, working on classic cars, and spending time with his wife and son.

 

Education

Chapman University School of Law, JD, cum laude, 2012
Chapman University, B.A. French; B.A. European History, 2007

Professional Certification & Accolades

Member, California State Bar Association
Member, Washington State Bar Association
Member, Washington Defense Trial Lawyers
Previous: Orange County Bar Association Young Lawyers Division Assistant Education Chair

Practice Areas
  • Practice Area
    • Commercial Liability Defense
Bar Admissions
  • Washington
Securing Victory Under Securities Laws Friday December 20, 2019 By: Firm Authorship
, Research Pays Off (to the Tune of $2.2 Million) Friday December 20, 2019 By: Firm Authorship
Drawing the (Property) Line Friday December 20, 2019 By: Firm Authorship
Multi-National Retailer’s Discrimination Mitigated Friday December 20, 2019 By: Firm Authorship
Allegations of Misappropriation of Trade Secrets and Employment Law Violations? Denied. Friday December 20, 2019 By: Firm Authorship
, , Rejected: A Desperate Attempt to Recover Expenses Friday December 20, 2019 By: Firm Authorship
, , An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
, , The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Firm Authorship
Safe Harbor Letter , Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
, , The Case of the Mysterious Torn Medial Meniscus Friday December 20, 2019 By: Firm Authorship
, Hit and Run Dismissed Friday December 20, 2019 By: Firm Authorship
, Admitting Liability and Saving Costs Friday December 20, 2019 By: Firm Authorship
Moreau v. Samalin , A Swift and Speedy Settlement Friday December 20, 2019 By: Firm Authorship
, Know Your Venue: Taking Advantage of Arbitration Rules to Gain the Upper Hand and Mitigate Costs Friday December 20, 2019 By: Firm Authorship
, , Pre-Existing Conditions Affirmed, No Additional Recovery Earned Friday December 20, 2019 By: Firm Authorship
, Dog Bite Dilemma Friday December 20, 2019 By: Firm Authorship
public domain condemnation , Cracked Concrete and Damaged Sheetrock Friday December 20, 2019 By: Cliff Wilson
Josh Hayward Case Update Medical Malpractice Summary Judgement Victory Thursday December 19, 2019 By: Firm Authorship
Mandatory Civil Arbitration Punitive Damages Denied for Improper Filing Thursday December 19, 2019 By: Firm Authorship
Due Diligence and Maintaining Position Leaves Ashley with a Happy Client Thursday December 19, 2019 By: Ashley Nagrodski
Picture frame Michaels Can You Picture a Better Outcome? Thursday March 21, 2019 By: Firm Authorship
avoiding the septic storm , Avoiding the Septic Storm Friday February 8, 2019 By: Firm Authorship
operation trick or treat Operation Trick-or-Treat Wednesday January 23, 2019 By: Gordon Klug
KDB Success Story Padilla , Bringing a Claim to a Complete Stop Thursday January 10, 2019 By: Firm Authorship
Small Claims Big Headache , Small Claims, Big Headache Thursday December 27, 2018 By: Firm Authorship
, Diligent Preparation and Spotting Fatal Flaws in the Other Side’s Case Leads to Favorable Outcome Thursday March 22, 2018 By: Ryan McLellan
Persistence and Staying Focused on the Facts Leads to Unanimous Defense Verdict Wednesday January 10, 2018 By: Cliff Wilson
Litigation Success: Due Diligence and Maintaining Position Leaves Ashley with a Happy Client Thursday December 28, 2017 By: Ashley Nagrodski
, , Occam’s Razor at Work Wednesday February 17, 2016 By: Firm Authorship
, Cleaning the Slate: Using Witness Strengths to Dispel Juror’s Pre-Conceived Notions Wednesday February 17, 2016 By: Firm Authorship
, , Whose Fault is it Anyway? Friday December 11, 2015 By: Firm Authorship
, No Tolerance For Tardiness Monday October 19, 2015 By: Firm Authorship
, Using the Right Rulebook Monday October 19, 2015 By: Firm Authorship
Know the Law In and Out: Developing the Right Game Plan to Keep Costs Down Wednesday September 16, 2015 By: Firm Authorship
, Absolute Duty Not Lost in Translation Thursday July 16, 2015 By: Gordon Klug
, , The Show Must Go On Thursday July 9, 2015 By: Firm Authorship
, , Turning Over a New Leaf Thursday July 2, 2015 By: Firm Authorship
Class Action Lawsuit: Driver’s Privacy Protection Act Wednesday July 1, 2015 By: Firm Authorship
, Disproving a Self Serving Story Tuesday June 30, 2015 By: Josh Hayward
, Sticking to Your Guns with Trucking Clients Tuesday June 30, 2015 By: Cliff Wilson
, Low Impact Accident Leads to Low Verdict Tuesday June 30, 2015 By: Josh Hayward
, Credibility Clenches Case Tuesday June 30, 2015 By: Cliff Wilson
, The Buck Stops Here Friday June 26, 2015 By: Cliff Wilson
, Burying Your Head in the Sand Will Get You Nowhere Friday June 26, 2015 By: Firm Authorship
, Plaintiff’s Case Lost in Translation Friday June 26, 2015 By: Firm Authorship
, Disc Bulge Dispute Friday June 26, 2015 By: Josh Hayward
, , , Jobsite Injury Claims Dismissed Friday June 26, 2015 By: Firm Authorship
A Successful Appeal of OSHA Jobsite Violations Friday June 26, 2015 By: Ryan McLellan
, Facebook Detective: Using Social Media to Debunk Exaggerated Claims Tuesday June 23, 2015 By: Firm Authorship
, Running Out The Clock Thursday June 18, 2015 By: Paul Sheely
Window Installation Thursday June 18, 2015 By: Paul Sheely
Unreasonable Condo Claims Thursday June 18, 2015 By: Firm Authorship
, , Faulty Framer Thursday June 18, 2015 By: Firm Authorship
, Design Defects Thursday June 18, 2015 By: Firm Authorship
Bringing Down the House (By Proving Plaintiff Brought Down the Door) Thursday June 18, 2015 By: Firm Authorship
, All in the Deatils: Using Inconsistencies to Win at Summary Judgment Thursday June 18, 2015 By: Gordon Klug
Snowpocalypse: Negligence and Bad Faith Thursday June 18, 2015 By: Kyle Riley
Trial Venue: Conservative Controversy Thursday June 18, 2015 By: Ryan McLellan
, “Excusable Neglect” – Excused Thursday June 18, 2015 By: Ryan McLellan
, Lack of Evidence for an Erroneous Equestrian Thursday June 18, 2015 By: Kyle Riley
, , Road Rage Rebuttal Thursday June 18, 2015 By: Jeff Eberhard
Hotel’s Liability Hotly Contested Thursday November 6, 2014 By: Firm Authorship
, , , Oregon Legal Update: Oregon Supreme Court Addresses Whether it is Prejudicial to Defendants to Allow a Plaintiff to Amend their Pleadings Two Days Before Trial. Thursday March 19, 2020 By: Josh Hayward
, Oregon Court of Appeals Examines “Employee Dishonesty” and “Prior Insurance” Clauses in a Claim Arising from an 8-Year, $800,000+ Embezzlement by Claimant’s ... Wednesday February 19, 2020 By: Jeff Eberhard
, Washington Supreme Court Reverses Summary Judgment Ruling in Favor of Insurer – Reminds Courts of their Limited Duties at Summary Judgment Tuesday February 18, 2020 By: Kyle Riley
Washington Case Update: Washington Court of Appeals Sides with Insurer in Dispute Over How Much a Church Was Entitled to in Compensation Under its Policy Fol... Thursday May 30, 2019 By: Firm Authorship
, Oregon Landlord Tenant Law for CGL Insurers and Claims Reps Thursday May 16, 2019 By: Ryan McLellan
wrongful death statute change , Washington Statute Change: Washington Duck Boat Crash Leads to Wrongful Death Statute Change Thursday May 2, 2019 By: Thomas McCurdy
, , Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation Thursday April 25, 2019 By: Firm Authorship
Washington Case Law Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur Thursday April 18, 2019 By: Kyle Riley
, , The When, Where, Why, and How of Settlements Involving Minors, Estates, and Liens Thursday April 4, 2019 By: Cliff Wilson
Oregon Case Law Update: Disturbing Court of Appeals Decision Reversed – Oregon Supreme Court Reaffirms That Restaurants and Taverns Do Have Immunity Fo... Thursday April 4, 2019 By: Jeff Eberhard
Oregon Case Law Update: Oregon Court of Appeals Reminds Litigants That Medical Bills Alone Do Not Prove That Their Treatment was Reasonable Thursday March 28, 2019 By: Firm Authorship
public domain condemnation Washington Case Law Update: Material Facts Available in the Public Domain Lead to Dismissal of Real Estate Buyer's Lawsuit Thursday March 14, 2019 By: Firm Authorship
Barbara Arntz v. City of Seattle Washington Case Law Update: Inconsistent Testimony Leads to Summary Judgment Against an Injured Tourist Thursday February 28, 2019 By: Thomas McCurdy
Excess Policy Ryan McLellan Oregon Case Update: What Qualifies as an Excess Policy in the State of Oregon? Thursday February 21, 2019 By: Firm Authorship
Bighorn Logging Corp. v. Truck Ins. Exchange , Oregon Case Law Update: Oregon Court of Appeals Requires an Insurer to Indemnify its Insured for Intentional Timber Trespass Claim Despite an Exclusion for I... Thursday February 14, 2019 By: Josh Hayward
, , Liability Waivers – Should We Wave Goodbye? Thursday January 31, 2019 By: Jeff Eberhard
Kalles v. State Farm - MGU Washington Case Law Update: Washington Court Of Appeals Reminds Insurers That Ambiguous Insurance Provisions Must Be Resolved In Favor Of the Insured Thursday January 31, 2019 By: Firm Authorship
Substitute Servive on SOS - KDB , Washington Case Law Update: Plaintiff Must Attempt Service at ALL Known Addresses of Defendant – Whether in Washington or Elsewhere – Before Substitute Servi... Wednesday January 23, 2019 By: Firm Authorship
Moreau v. Samalin Oregon Case Law Update: Oregon Trial Court’s Award of Reduced Attorney Fees Subject to Remand Due to Insufficient Explanation Thursday January 17, 2019 By: Josh Hayward
Clarke v Nichols - KRD Washington Case Law Update: Summary Judgment Affirmed After Plaintiff Fails to Provide Evidence Showing the Cause of a Fall Thursday January 10, 2019 By: Kyle Riley
Poole v. State Farm Washington Case Law Update: Insured’s Bad Faith Lawsuit is Revived after the Washington Court of Appeals Interprets Ambiguous Insurance Terms against the Ins... Thursday January 3, 2019 By: Josh Hayward
Rublee v Pfizer , Washington Case Law Update: Washington Supreme Court Adopts the “Apparent Manufacturer” Doctrine in Product Liability Actions Arising Before 1981 Thursday December 20, 2018 By: Thomas McCurdy
jan 2019 webinar thumbnail 2019 – Year In Review – Personal Lines in OR & WA Thursday December 20, 2018 By: Cliff Wilson
Oregon Case Law Update: Oregon Supreme Court Limits the Applicability of Oregon’s Statute of Repose in Product Liability Actions Thursday December 13, 2018 By: Ryan McLellan
Plaintiffs and Treating Physicians Oregon Case Update: Oregon Supreme Court Restricts the Scope of Discoverable Communications Between Plaintiffs and Treating Physicians Thursday December 6, 2018 By: Firm Authorship
Folweiler Chiro v. Am Fam Washington Case Law Update: Washington Court of Appeals Sets the Stage for a Change in PIP Billing Practices Thursday November 15, 2018 By: Firm Authorship
Josh Hayward Case Update Oregon Case Law Update: Plaintiffs Must Show Diminished Property Value in Order to Prevail on a Timber Trespass Claim Involving Ornamental Trees Thursday November 8, 2018 By: Josh Hayward
, , , , , , , , , , 2018 – Year In Review – Commercial Lines in Oregon Thursday November 8, 2018 By: William Taaffe
Kyle Riley Case Update , Washington Case Law Update: Damages and Attorney Fee Exposure Can Make a Mistaken Coverage Denial a Costly Error Thursday November 1, 2018 By: Kyle Riley
Bill Taaffe Case Update Oregon Case Law Update: Oregon Court of Appeals Reminds Litigants That Destruction of Evidence Can Warrant Serious Sanctions Thursday October 25, 2018 By: William Taaffe
tom mccurdy case update , Washington Case Law Update: Washington Court of Appeals Confirms That a Landowner Need Not Warn a Licensee of Dangers on Property They Do Not Own Thursday October 18, 2018 By: Thomas McCurdy
Josh Hayward Case Update , Washington Case Law Update: Washington Court of Appeals Affirms Summary Judgment Against Unrepresented Plaintiff for Failing to Follow Procedural Rules Thursday October 11, 2018 By: Josh Hayward
, , Attorney Fee Exposure in UM/UIM Friday October 5, 2018 By: Cliff Wilson
Josh Hayward Case Update Oregon Case Law Update: Oregon Court of Appeals Identifies Threshold Level of Evidence Required to Prove an Injury is Permanent Tuesday September 25, 2018 By: Josh Hayward
, Oregon Case Law Update: Oregon Court of Appeals Provides Guidance on a PIP Insurer’s Duty to Promptly Pay PIP Benefits after Receiving Proof of Loss Friday September 21, 2018 By: Cliff Wilson
Oregon Case Law Update: Servicemember’s Wrongful-Death Claim Tolled While on Active Duty Thursday September 13, 2018 By: Josh Hayward
, , Washington Case Law Update: Policy Limit Settlement Exposes Insurer to Bad Faith Claim Thursday September 6, 2018 By: Ashley Nagrodski
Jeff Eberhard Balzer v. The Roundup Pub Oregon Case Law Update: Court of Appeals Confirms Stance on Complicity Doctrine in Case Involving a Passenger Injured by Intoxicated Driver Thursday August 30, 2018 By: Jeff Eberhard
Determining Whether Communications Between Attorneys Constitute a Settlement Agreement Washington Case Law Update: Determining Whether Communications Between Attorneys Constitute a Settlement Agreement Thursday August 16, 2018 By: Kyle Riley
Liquor Liability Oregon Case Law Update: Court of Appeals Provides Insight on the Complicity Doctrine in Liquor Liability Suits Thursday August 9, 2018 By: Jeff Eberhard
Noneconomic Damages Oregon Case Law Update: Court of Appeals Reaffirms Position on Noneconomic Damages Thursday July 26, 2018 By: Jeff Eberhard
Bar Owner Brings Suit Washington Case Law Update: Bar Owner Brings Suit against Police Alleging Harassment of Patrons and Staff Thursday July 19, 2018 By: Kyle Riley
Safe Harbor Letter , , Oregon Case Law Update: Insurer’s Safe Harbor Letter Insufficient to Express Consent to Binding Arbitration Thursday July 12, 2018 By: Josh Hayward
mandatory non-binding arbitration , , How To Brave the High Seas of Mandatory Non-Binding Arbitration and Live to Tell the Tall Tale Thursday July 5, 2018 By: Firm Authorship
maximum medical improvement , Washington Case Law Update: Use of Maximum Medical Improvement Limitation in PIP Policy Violates Regulation Thursday July 5, 2018 By: Firm Authorship
Expert Witness Qualifications , Oregon Case Update: Oregon Court of Appeals Issues Decision on Expert Witness Qualifications Thursday June 28, 2018 By: Firm Authorship
Medical Records Washington Legislative Update: Washington’s New Law Restricts Access to Medical Records in Discrimination Suits Thursday June 21, 2018 By: William Taaffe
Wrongful Death Claim , Washington Case Law Update: Wrongful Death Claim Invalid After Survivorship Claim Against Same Defendants Thursday June 7, 2018 By: Kyle Riley
UIM , Washington Case Law Update: Court Finds Issues of Material Fact on Reasonableness of Insurer’s Handling of UIM Claim Thursday May 31, 2018 By: Josh Hayward
Tort Cap , , Oregon Appellate Update: Oregon Supreme Court Grants Review in Two Important Cases -Tort Cap and Dram Shop Thursday May 24, 2018 By: Jeff Eberhard
Implied Warranty , , , Washington Case Law Update: Court Rules that Implied Warranty of Habitability Does Not Extend to Tenant’s Guest Thursday May 17, 2018 By: Kyle Riley
PIP application form , , Oregon Case Law Update: PIP Application Form Inadmissible in Suit by Insured Against Tortfeasor Thursday May 10, 2018 By: Josh Hayward
Mandatory Civil Arbitration Washington Case Law Update: Washington Legislature Expands Mandatory Civil Arbitration to $100,000 Claims Thursday May 3, 2018 By: Kyle Riley
Statutory Costs , Washington Case Law Update: Statutory Costs Included When Comparing Arbitration Award with Trial Judgment Thursday April 26, 2018 By: Josh Hayward
, , An Introduction to the Updated Rules and Regulations for First Party Claims Tuesday April 24, 2018 By: Josh Hayward
Third Party Complaint , , Oregon Case Law Update: Patron Not Prohibited from Filing Third Party Complaint Against Alcohol Provider Wednesday April 18, 2018 By: Jeff Eberhard
, Washington Case Law Update: Washington Court of Appeals Allows Bad Faith and CPA Claim Against Adjuster Thursday April 5, 2018 By: Josh Hayward
, Washington Case Law Update: In Absence of a Special Relationship, Insurer Owes No Duty to Advise on Adequacy of Coverage Thursday March 29, 2018 By: Kyle Riley
Washington Case Law Update: Injured Worker Responsible for Defective Condition Barred from Recovery from Landowner Thursday March 15, 2018 By: Kyle Riley
, , Oregon Case Law Update: No Safe Harbor Protection in Dispute over Reasonable and Necessary Medical Services Wednesday March 7, 2018 By: Josh Hayward
, Washington Case Law Update: Can a Firefighter Who Is Injured at an Accident Scene Recover from Parties That Caused the Accident? Wednesday February 28, 2018 By: Josh Hayward
Washington Case Law Update: When is a Visitor Deemed to be a Business Invitee? Wednesday February 21, 2018 By: Firm Authorship
, Oregon Case Law Update: Oregon Supreme Court Limits Claims Based on Abuse of Vulnerable Persons Wednesday February 14, 2018 By: William Taaffe
, Handling Sexual Abuse Claims in Oregon and Washington Tuesday February 13, 2018 By: William Taaffe
Oregon Case Law Update: $500,000 Non-Economic Damages Cap; the Slippery Slope Just Got Slippier Thursday February 8, 2018 By: Jeff Eberhard
, Oregon Case Law Update: Offsetting Jury Awards by Previously Paid PIP Benefits Thursday February 1, 2018 By: Josh Hayward
, , Oregon Case Law Update: Court Rules Letter Insufficient to Entitle the Insurer to the "Safe Harbor" Protection Thursday January 25, 2018 By: Josh Hayward
Washington Case Law Update: Court Holds That PIP Benefits Do Not Extend to School Bus Collision Thursday January 18, 2018 By: Kyle Riley
, , , , Recent Landmark Decisions on the Noneconomic Damages Cap in Oregon Thursday January 11, 2018 By: Jeff Eberhard
Washington Case Update: Internal System for Inspecting Equipment Saves Owner from Premises Liability Claim Wednesday January 10, 2018 By: Josh Hayward
Washington Case Law Update: Store Owner Cannot Escape from Vicarious Liability for Faulty Escalator Thursday January 4, 2018 By: Kyle Riley
Oregon Case Law Update: Plaintiffs Can Be Barred from Recovery if Engaged in Felony Thursday January 4, 2018 By: Firm Authorship
Oregon Case Law Update: Court Upholds Defamation Claim for Tweets and Customer Website Reviews Thursday December 14, 2017 By: Josh Hayward
Oregon Case Law Update: Court of Appeals Upholds Partial Satisfaction of Judgment for PIP Benefits Tuesday December 5, 2017 By: Firm Authorship
Oregon Case Law Update: Plaintiff Who Voluntarily Consumed Alcohol May Sue Social Host. The Effect On Business Unclear Thursday November 30, 2017 By: Jeff Eberhard
, , Tough Calls: Ethical Claims Handling in Oregon and Washington Monday November 27, 2017 By: Josh Hayward
Oregon Case Law Update: Oregon Court of Appeals Takes a Swipe at the Statutory Cap on Non-Economic Damages Thursday November 16, 2017 By: Jeff Eberhard
Oregon Case Law Update: PIP Benefits Do Not Include Medical-Related Transportation Costs Friday November 10, 2017 By: Josh Hayward
Oregon Case Law Update: Court Upholds Liability Limitation in Commercial Lease Agreement Wednesday November 8, 2017 By: Firm Authorship
Washington Case Law Update: Proving Causation: An Expert in a Premises Liability Claim May be Sufficient Wednesday November 1, 2017 By: Kyle Riley
Oregon Case Law Update: When is Police Officer Testimony Admissible? Wednesday October 25, 2017 By: Josh Hayward
Washington Case Law Update: Assert Your Counterclaims in a Timely Manner or Forfeit Them Forever Thursday October 19, 2017 By: Kyle Riley
Washington Case Law Update: Is Medical Expertise Required to Establish the Standard of Care and Causation? Thursday October 12, 2017 By: Thomas McCurdy
Oregon Case Law Update: Using an Expert Witnesses to Defeat a Motion for Summary Judgment Thursday October 5, 2017 By: Josh Hayward
Washington Case Law Update: When Will Courts Set Aside a Default Judgment? Thursday September 28, 2017 By: Kyle Riley
Washington Case Law Update: Can Third Parties Sue Insurance Companies Under the Consumer Protection Act? Thursday September 21, 2017 By: Kyle Riley
Washington Case Law Update: When is a Losing Party Entitled to Relief from Judgment? Thursday September 14, 2017 By: Kyle Riley
Washington Case Law Update: Is the Statute of Limitations Tolled if the Wrong Defendant is Served? Thursday September 7, 2017 By: Kyle Riley
Washington Case Law Update: When is a Statement Considered an Offer to Compromise? Thursday August 31, 2017 By: Kyle Riley
, Oregon Case Law Update: Amendments Retroactive if Legislature Indicates They Are Thursday August 24, 2017 By: Firm Authorship
Washington Case Law Update: How Do you Determine if a Statement is Defamatory? Thursday August 24, 2017 By: Kyle Riley
Washington Case Law Update: Employer Not Strictly Liable for Missed Meal Breaks Thursday August 17, 2017 By: William Taaffe
Oregon Employment Law Update: Oregon’s New “Predictive Scheduling” Law Thursday August 17, 2017 By: William Taaffe
Washington Case Law Update: Contract Provision May Entitle Prevailing Party to Attorneys’ Fees Thursday August 10, 2017 By: Kyle Riley
Washington Case Law Update: Participating in Litigation May Constitute Waiver of Certain Arguments Thursday August 3, 2017 By: Kyle Riley
Oregon Employment Law Update: Oregon’s New Minimum Wage Law Now in Effect Thursday July 27, 2017 By: William Taaffe
Washington Case Law Update: Schools can be Liable for Allowing Concussed Students to Participate in Sports Thursday July 27, 2017 By: Thomas McCurdy
, Washington Case Law Update: Parent’s Negligent Supervision not Tortious, Cannot Reduce Child’s Recovery Thursday July 20, 2017 By: Kyle Riley
Oregon Law Update: Oregon’s $500,000 Noneconomic Damages Cap Remains Untouched by Legislation Thursday July 20, 2017 By: Jeff Eberhard
, Washington Case Law Update: Court of Appeals Reworks Assumption of Risk Doctrine, Holds that Inherent Peril Assumption of Risk Bars Negligence Claim Wednesday July 12, 2017 By: Kyle Riley
Washington Case Law Update: No Damages Recoverable under New Home Sale Agreement for Improperly Installed… Thursday July 6, 2017 By: Firm Authorship
, Oregon Case Law Update: UM/UIM Insurer May Dispute Damages without Losing Safe Harbor Thursday July 6, 2017 By: Firm Authorship
Washington Case Law Update: Plaintiff Must Be “Foreseeable” to Bring Negligent Infliction of Emotional Distress Claim Thursday June 29, 2017 By: Kyle Riley
, Washington Case Law Update: PIP Coverage Requires Operation of Motor Vehicle Thursday June 22, 2017 By: Kyle Riley
Washington Case Law Update: Jury must be Instructed on School District’s Enhanced Duty of Care Wednesday June 14, 2017 By: Thomas McCurdy
Oregon Case Law Update: No Attorney Fees for Unlawful Withholding of Wages Where Defendant Acted in Good Faith Wednesday June 14, 2017 By: William Taaffe
Oregon Case Law Update: Loss-of-Chance Theory of Recovery Established in Oregon Wednesday June 7, 2017 By: Firm Authorship
Oregon Employment Law Update: Oregon Changes Law on Pay Equity Wednesday June 7, 2017 By: William Taaffe
, Oregon Case Law Update: “Formal Institution” of Arbitration Proceedings Requires Explicit Offer or Demand to Arbitrate Thursday June 1, 2017 By: Josh Hayward
Oregon Case Law Update: Oregon Trial Court Rolls Back BOLI Guidance on Overtime Laws Thursday May 25, 2017 By: William Taaffe
, Washington Case Law Update: Post-Arbitration Sanctions Are Not Considered When Determining Whether a Party Improved its Position at Trial De Novo Thursday May 25, 2017 By: Kyle Riley
Washington Case Law Update: Recreational Immunity Applies Only if Land is Held Open to Public Solely for Recreational Use Thursday May 18, 2017 By: Kyle Riley
Oregon and Washington Case Law Update: Insurance Coverage Cases with “Okay” and “Awful” Results Wednesday May 17, 2017 By: Firm Authorship
Oregon Case Law Update: Plaintiff Must Provide Substantiating Information with ORS 20.080 Demand to Recover Attorney Fees Wednesday May 10, 2017 By: Firm Authorship
, , , , Utilizing Probability Analysis in Claims Evaluation: A Systematic Approach Thursday May 4, 2017 By: Josh Hayward
, Washington Case Law Update: ARNP Can Opine on Proximate Cause in Medical Malpractice Case Thursday May 4, 2017 By: Thomas McCurdy
Washington Case Law Update: Contract Cannot Bar CPA Claim Thursday April 27, 2017 By: Kyle Riley
Oregon Case Law Update: Evidence Required to Establish Excusable Neglect Tuesday April 25, 2017 By: Josh Hayward
Washington Case Law Update: Speculation Does Not Create Issue of Material Fact Thursday April 20, 2017 By: Kyle Riley
, Washington Case Law Update: Manufacturer Has Duty to Warn If Product Required Use of Hazardous Component Thursday April 13, 2017 By: Kyle Riley
, , , Minor Settlements and Wrongful Death in Oregon & Washington Friday April 7, 2017 By: Cliff Wilson
Oregon Case Law Update: Contextually Ambiguous Liability Waiver Does Not Limit Tort Liability Thursday April 6, 2017 By: Firm Authorship
, Washington Case Law Update: Final Judgment In UIM Action Does Not Bar Subsequent Bad Faith, IFCA Claims Thursday April 6, 2017 By: Kyle Riley
, Washington Case Law Update: Jobsite Owner Not Entitled to Reduce Liability by Allocating Fault Thursday March 30, 2017 By: William Taaffe
, Washington Case Law Update: Manufacturers of Medical Supplies Must Warn Purchasers of Potential Risks Thursday March 23, 2017 By: Kyle Riley
Oregon Case Law Update: PIP Benefits Do Not Include Medical-Related Transportation Costs Thursday March 16, 2017 By: Josh Hayward
, Washington Case Law Update: After Student Boarded District Bus, School Did Not Have Custody, Did Not Owe Duty Thursday March 16, 2017 By: Thomas McCurdy
Washington Case Law Update: Borrowed Servant Doctrine is Jury Question Where Complete Control is Disputed Thursday March 9, 2017 By: Kyle Riley
Oregon Case Law Update: Ninth Circuit Scraps Lawsuit against Rape Accuser under Oregon’s anti-SLAPP Law Thursday March 2, 2017 By: Josh Hayward
Employment Update: FLSA Overtime Rule Blocked Until May 2017 Wednesday February 22, 2017 By: William Taaffe
, Washington Case Law Update: No Independent Cause of Action for Regulation Violation under IFCA Thursday February 16, 2017 By: Kyle Riley
2016 – A Year In Review, Oregon and Washington Commercial Lines Wednesday February 15, 2017 By: Jeff Eberhard
, , , , , , Oregon & Washington Construction Law Master Class Thursday February 9, 2017 By: Paul Sheely
Washington Case Law Update: When Does Employer Immunity Protect the Employee? Thursday February 9, 2017 By: Kyle Riley
2016 – A Year In Review Oregon and Washington Personal Lines Friday February 3, 2017 By: Josh Hayward
Oregon Case Law Update: Defendant’s Constructive Knowledge of Abuse Sufficient to Overcome Summary Judgment Thursday January 26, 2017 By: Ryan McLellan
Washington Case Law Update: Wrongful Death Claim Accrued Upon Murderer’s Conviction Thursday January 26, 2017 By: Kyle Riley
Washington Case Law Update: Service by Mail Requires Evidence that Defendant is Avoiding Service Thursday January 19, 2017 By: Kyle Riley
, , , Oregon Case Law Update: Oregon Expands Liability for Negligent Infliction of Emotional Distress Thursday January 19, 2017 By: Jeff Eberhard
Washington Case Update: Efficient Proximate Cause Rule Applies only to Losses with Two or More Causes Tuesday January 10, 2017 By: Kyle Riley
, Laying the Foundation: The Basics of Oregon and Washington Construction Law Tuesday January 3, 2017 By: Michael Staskiews
, Washington Case Update:  Snakebit: When Does a Plaintiff Have to Show Notice of a Hazardous Condition?, Wednesday December 28, 2016 By: Kyle Riley
Oregon Case Law Update: Failure to Timely Send PIP Denials Entitles Claimant to Presumption Wednesday December 28, 2016 By: Josh Hayward
, , , , , , Retail Store Liability Tuesday December 20, 2016 By: William Taaffe
Washington Case Update: Conclusory Expert Testimony Will Not Defeat Summary Judgment Thursday December 15, 2016 By: Kyle Riley
Oregon Case Law Update: Expert Testimony Must Be Helpful to be Admitted Wednesday December 14, 2016 By: Josh Hayward
Washington Case Update: Employment Discrimination: “Pretext” Jury Instruction Held to be Unnecessary Wednesday December 7, 2016 By: William Taaffe
Oregon Case Update: No Immunity Under Public Use of Lands Act if Land is Already Available for Public Use Wednesday November 30, 2016 By: Jeff Eberhard
Washington Case Update: Wrongful Death Requires that Deceased Could Have Sued At Time of Death Monday November 28, 2016 By: Kyle Riley
, Oregon Case Update: Premises Liability Does Not Require “Unreasonably Dangerous Condition” Wednesday November 16, 2016 By: Ryan McLellan
, , Washington Case Update: Deception Doctrine Inapplicable If Obstruction Will Move Wednesday November 16, 2016 By: Josh Hayward
, , Washington Case Update: Trial Court Cannot Compel Plaintiffs to Sign Stipulations for Medical Records Wednesday November 9, 2016 By: Kyle Riley
Washington Case Update: Attorney-Client Privilege Does not Include Post-Employment Communications Wednesday November 2, 2016 By: Kyle Riley
, , , A History of Multnomah County High-Value Verdicts Tuesday November 1, 2016 By: Ryan McLellan
, , Washington Case Update: Whether Ottoman in Store Aisle was “Open and Obvious” a Jury Question Thursday October 13, 2016 By: Kyle Riley
Oregon Case Law Update: When Can an Agent’s Actions Bind the Principal? Thursday October 13, 2016 By: William Taaffe
, , Washington Case Law Update: Discovery Violation Sanctions Should Be Least Severe Possible Thursday October 6, 2016 By: Kyle Riley
, Oregon Case Law Update: Setting Aside Default Judgment – What is “Excusable Neglect”? Thursday October 6, 2016 By: Josh Hayward
, Washington Case Law Update: When are Pre-existing Conditions Admissible? Thursday September 29, 2016 By: Kyle Riley
Employment Update: Watch Your Back – EEOC Updates Enforcement Guidance on Retaliation Wednesday September 28, 2016 By: William Taaffe
, Oregon Construction Case Law Update: Prior Continuous Property Damage Will Trigger Policy Wednesday September 28, 2016 By: Paul Sheely
Employment Update: Marijuana Still Schedule 1 Thursday September 22, 2016 By: William Taaffe
, Washington Case Law Update: School District Owes Duty to Student Not in School’s Custody Thursday September 22, 2016 By: Thomas McCurdy
, , , Oregon Case Law Update: When Does a Business have a Duty to Protect Patrons from Violence? Tuesday September 13, 2016 By: Jeff Eberhard
Employment Update: Put ‘em Up – US DOL Mandatory Posters Monday September 12, 2016 By: William Taaffe
Employment Update: An “Uber” Problem – Independent Contracting and Moonlighting Monday September 12, 2016 By: William Taaffe
Special Investigation Unit (SIU) & First Party Oregon and Washington Law Summary – 2016 Edition Friday September 9, 2016 By: Firm Authorship
Employment Resource Guide Oregon and Washington – 2016 Edition Friday September 9, 2016 By: William Taaffe
, Straight Up Truth – Liquor Liability and Litigation Strategies in Oregon Friday September 9, 2016 By: Jeff Eberhard
, , Construction Defect Oregon and Washington Law Summary – 2018 Edition Friday September 9, 2016 By: Paul Sheely
Commercial Lines Oregon and Washington Law Summary – 2016 Edition Friday September 9, 2016 By: Jeff Eberhard
Personal Lines Oregon and Washington Law Summary – 2016 Edition Friday September 9, 2016 By: Cliff Wilson
Washington Case Law Update: Including Costs in Settlement Offers May Cost You Thursday September 8, 2016 By: Kyle Riley
, , , Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability Thursday August 25, 2016 By: Firm Authorship
Washington Employment Case Law Update: Retail Business Includes Sales to Other Businesses Thursday August 25, 2016 By: William Taaffe
, , , , Oregon Case Law Update: Safe Harbor Letter Not a Sure Thing Tuesday August 16, 2016 By: Josh Hayward
, Oregon Case Law Update: Reasonable Examinations Under Oath Permissible in PIP Claims Tuesday August 9, 2016 By: Firm Authorship
, Washington Case Law Update: How to Serve Motorist Defendant via Secretary of State Thursday August 4, 2016 By: Kyle Riley
, , Oregon Case Law Update: High-Low Settlement Agreements Do Not Necessarily Resolve Dispute Tuesday August 2, 2016 By: Jeff Eberhard
, , , , , , , , , , , , , , Discovery in the Information Age – Using Technology and Data to More Effectively Defend and Settle Your Claims Thursday July 21, 2016 By: William Taaffe
Washington Case Law Update: School District May Owe Duty to Student’s Parents for Negligent Hiring, Retention, Supervision, and Training Thursday July 21, 2016 By: Thomas McCurdy
Oregon Case Law Update: Subsequent Purchaser of Real Property can Sue for Preexisting Property Damage Wednesday July 20, 2016 By: Firm Authorship
Washington Case Law Update: Washington Appellate Court Holds Bicycling is Method of “Ordinary Travel” Wednesday July 13, 2016 By: Kyle Riley
, Oregon Case Law Update: Products Liability: When Can a Manufacturer be Liable for Another Manufacturer’s Parts? Wednesday July 13, 2016 By: Jeff Eberhard
Oregon Employment Update: Oregon Minimum Wage – 10 Things to Know Thursday July 7, 2016 By: William Taaffe
Employment Update: Exempt or Non-Exempt – That is the Question: The Updates to the Fair Labor Standards Act (FLSA) and How They Affect Employers Thursday July 7, 2016 By: William Taaffe
, , Washington Case Update: Landlord Potentially Liable when Friend’s Dog Bites Invitee Thursday June 23, 2016 By: Kyle Riley
, Oregon Case Update: Worker Can Sue if Employer Deliberately Causes Injury Thursday June 23, 2016 By: Jeff Eberhard
Washington Case Update: Unambiguous Policy Avoids Large Payout Friday June 17, 2016 By: Kyle Riley
Oregon Case Update: The Return of the Tort Cap! Part Two: The Application of the Remedy Clause Friday June 17, 2016 By: Jeff Eberhard
, , Washington Case Update: When is an Act Negligent as a Matter of Law? Thursday June 9, 2016 By: Kyle Riley
Oregon Case Update: The Return of the Tort Cap! Oregon’s Supreme Court Reverses Two Prior Decisions in New Landmark Case Thursday June 9, 2016 By: Jeff Eberhard
, , , Oregon Case Update: The Silent Complaint: Does Subcontractor’s Insurer have Duty to Defend Where Complaint Fails to Allege Subcontractor’s Negligence? Thursday June 2, 2016 By: Firm Authorship
Washington Case Update: Court Finds Breach of Independent Duty Even without Actual Property Damage Tuesday May 24, 2016 By: Paul Sheely
, Oregon Case Update: First-party UIM Claims at Trial: When Can the Exclusion of Policy Limits Lead to Reversal? Friday May 20, 2016 By: Firm Authorship
, Oregon Case Update: Social Host Liquor Liability: Dram Shop Limitations Apply to Party Host Thursday May 12, 2016 By: Jeff Eberhard
Washington Case Update: Failing to Provide Evidence: When Challenging Service Will Work Against You Friday May 6, 2016 By: Kyle Riley
Washington Case Update: What Amounts will the Court Consider When Comparing an Arbitration Award and a Trial Judgment? Wednesday April 27, 2016 By: Kyle Riley
Oregon Case Update: Violators Beware: A Look at the Veterans’ Preference Law Wednesday April 27, 2016 By: William Taaffe
, Washington Case Update: Bad Ink: Does a Tattoo Artist Breach a Duty of Care When Using Contaminated Ink? Thursday April 14, 2016 By: Kyle Riley
OR Case Update: Google Reviews, Angie’s List and Yelp, Oh My! Are Consumer Reviews Protected by the First Amendment? Thursday April 14, 2016 By: Firm Authorship
, , OR Case Update: Putting that Final Nail in the Coffin: When will Duplicative Litigation be Barred? Thursday April 7, 2016 By: Josh Hayward
, , WA Case Update: The Encroaching Tree: Is a Duty of Care Owed to an Adjacent Owner When Removing Tree Roots or Branches? Thursday April 7, 2016 By: Kyle Riley
, , OR Case Update: Will an Insurer’s Reference to a Nonissue Disqualify it from the Attorney Fee Exemption? Thursday March 31, 2016 By: Cliff Wilson
, WA Case Update: The Public Records Act: Violations, Exemptions and Per Page Penalties Thursday March 31, 2016 By: Firm Authorship
OR Case Update: Oregon Supreme Court: Dram Shop Statute Intended to Limit – Not Expand – Liability Thursday March 24, 2016 By: Jeff Eberhard
, , , WA Case Update: Will a Conclusory Expert Declaration Preclude Summary Judgment? Thursday March 24, 2016 By: Kyle Riley
OR Case Update: Google Reviews, Angie’s List and Yelp, Oh My! Are Consumer Reviews Protected by the First Amendment? Thursday March 17, 2016 By: Jeff Eberhard
, , Making a Fair Call: Developing a Game Plan for Handling Washington’s IFCA Claims Wednesday March 16, 2016 By: Thomas McCurdy
, OR Case Update: Is a City Employee Immune from Liability under Oregon’s Public Use of Land’s Act? Thursday March 10, 2016 By: Josh Hayward
, WA Case Update: Does a Landowner Retain Recreational Use of Immunity When Charging Fees to Use Portions of Land? Thursday March 10, 2016 By: Kyle Riley
, WA Case Update: Can a Defendant’s Negligent Conduct Undermine an Assumption of Risk Argument? Thursday March 3, 2016 By: Kyle Riley
, , OR Case Update: When is a Court Incorrect in Awarding Specific Fees? Thursday March 3, 2016 By: Cliff Wilson
, OR Case Update: Which 10-Year Statute of Repose Will Apply to a “Spec” Home Purchase? Thursday February 25, 2016 By: Paul Sheely
, WA Case Update: Can Multiple Collisions Constitute a Single Accident? Thursday February 25, 2016 By: Kyle Riley
, , , , OR Case Update: Is the UM/UIM Safe Harbor Waived when an Insurer Disputes all Damages and an Insured is Awarded Zero Dollars? Thursday February 18, 2016 By: Firm Authorship
, , , WA Case Update: Does a Municipality Owe a Duty of Care to Remove Hazardous Roadside Vegetation? Thursday February 11, 2016 By: Kyle Riley
, , OR Case Update: Licensee or Trespasser? Deciphering a Landowner’s Consent to Entry Thursday February 11, 2016 By: Jeff Eberhard
, WA Case Update: When Statutes of Limitations Conflict, Which State’s Law Applies? Thursday February 4, 2016 By: Kyle Riley
OR Case Update: Oregon Court Clears the Path for Covenant Judgments Thursday February 4, 2016 By: Firm Authorship
, , , , , 2015 – Hit the Ground Running – Oregon Edition Monday February 1, 2016 By: Cliff Wilson
, , WA Case Update: UIM Coverage: A Broad Interpretation of Injuries “Arising out of” Vehicle Use Thursday January 28, 2016 By: Kyle Riley
, WA Case Update: Is Respiratory Sensitivity to Mold Considered a Disability? Thursday January 21, 2016 By: William Taaffe
, , OR Case Update: Satisfying Actual Notice through Asserting A Claim rather than All Claims Thursday January 21, 2016 By: Josh Hayward
, WA Case Update: Bankruptcy: Unreported Post-Petition Claims May Be Viable Thursday January 14, 2016 By: Kyle Riley
, , OR Case Update: Who Can Testify About What in Low-Impact Auto Accident Cases? Thursday January 14, 2016 By: Firm Authorship
, WA Case Update: For More Information, “Click Here” Thursday January 7, 2016 By: Josh Hayward
, , , , OR Case Update: First-Party UIM Claims at Trial: Can You Exclude Policy Limits? Thursday January 7, 2016 By: Firm Authorship
, WA Case Update: The Landslide Brought it Down Thursday December 17, 2015 By: Kyle Riley
, , , OR Case Update: Alcohol and Violence: Is Saying “That’s Just the Alcohol Talking” Enough to Prevail? Thursday December 3, 2015 By: Jeff Eberhard
, , OR Case Update: No Prior Incident Required: Civil Liability for Criminal Acts of Third Parties (Part II) Thursday November 12, 2015 By: Jeff Eberhard
WA Case Update: To Defend, or Not to Defend? Trial Court Cannot Delay This Determination Friday November 6, 2015 By: Kyle Riley
, , , OR Case Update: No Prior Incident Required: Civil Liability for Criminal Acts of Third Parties (Part I) Thursday November 5, 2015 By: Jeff Eberhard
, OR Case Update: Broad Pleading Triggers Duty to Defend Additional Insured in Construction Defect Case Under “Ongoing Operations” Endorsement Thursday October 29, 2015 By: Firm Authorship
, OR Case Update: Oregon Imposes Hefty Fine on Business that Excluded Transgender Group Thursday October 22, 2015 By: William Taaffe
, , , OR Case Update: Dodging Attorney Fees: No Proof of Loss Without Limits in UIM Cases Thursday October 15, 2015 By: Firm Authorship
, , , , , OR Case Update: Think You Have Safe Harbor? Think Again. Thursday September 24, 2015 By: Josh Hayward
WA Case Update: Déjà Vu: Order for New Trial on General Damages Overturned Thursday September 10, 2015 By: Kyle Riley
, , OR Case Update: Slips and Falls: Is a Wet Spot Alone Enough to Prove Liability? Thursday September 10, 2015 By: Jeff Eberhard
, WA Case Update: Painting in the Lines: Substitute Service Strictly Construed Thursday September 3, 2015 By: Kyle Riley
, WA Case Update: Evidence of Insurance May Be Admissible in Friendly Lawsuits Thursday August 27, 2015 By: Kyle Riley
, OR Case Update: Another Ski Resort Release Invalidated as it is Against Public Policy Thursday August 27, 2015 By: Jeff Eberhard
, OR Case Update: Does an insurance agent’s statement to the insured about the kind of coverage being provided bind the insurance company? Thursday August 20, 2015 By: Jeff Eberhard
, , WA Case Update: “Foul Ball!” – Baseball’s Limited Duty and Assumption of Risk Thursday August 13, 2015 By: Kyle Riley
, , , , , , The Art of Arbitration: Strategically Structuring Your Case in Washington Wednesday August 12, 2015 By: Kyle Riley
, Preparing for the Long Haul: How to Successfully Defend Trucking Claims Wednesday August 12, 2015 By: Cliff Wilson
, , , 2014 – A Year End Review – Washington Edition Wednesday August 12, 2015 By: Josh Hayward
, OR Case Update: Punitive Damages: Can Plaintiff’s Attorneys Find a “Work Around”? Thursday August 6, 2015 By: Jeff Eberhard
, OR Case Update: Low Impact Accidents: Can Biomechanical Engineers Testify? Thursday July 30, 2015 By: Jeff Eberhard
, , WA Case Update: Anti-SLAPP Statute Ruled Unconstitutional Thursday July 30, 2015 By: Kyle Riley
, OR Case Update: Punitive Damage Award of $25 Million Held Constitutional Thursday July 23, 2015 By: Firm Authorship
, , WA Case Update: Can Anonymous Customer Reviews Stay Anonymous? Thursday July 23, 2015 By: Josh Hayward
, OR Case Update: Extra! Extra! Anti-SLAPP Law Kicks Out Lawsuit of Man Broadcasted Without Consent Thursday July 9, 2015 By: Jeff Eberhard
, , WA Case Update: Beyond the Grave: Wrongful Death Actions and the Statute of Limitations Thursday July 9, 2015 By: Kyle Riley
, WA Case Update: Cyclist Can’t Get Over Recreational Immunity Speed Bump Wednesday July 1, 2015 By: Kyle Riley
, OR Case Update: Do Businesses Owe a Duty to Protect Patrons from Random Criminal Violence? Wednesday July 1, 2015 By: Jeff Eberhard
, , , , , The 411 on SB 411 Thursday June 25, 2015 By: Josh Hayward
, OR Case Update: Self-Insured? Be Sure to Cross Your T’s and Dot Your I’s and for UIM Endorsement Thursday June 25, 2015 By: Jeff Eberhard
, , WA Case Update: Don’t Forget Your Passport: Secretary of State Service May be Preempted by Hague Convention Thursday June 18, 2015 By: Kyle Riley
, OR Case Update: “An Act of the Imagination” and ORCP 47E Affidavits Thursday June 18, 2015 By: Josh Hayward
, WA Case Update: Washington Rewards Attorneys who Represent Parties in Small Cases Monday June 15, 2015 By: Kyle Riley
WA Case Update: Vendetta Blogger "SLAPP"ed Down by Court of Appeals Thursday May 28, 2015 By: Kyle Riley
OR Case Update: Water, Water Every Where, but No Nuisance or Trespass Wednesday May 27, 2015 By: Jeff Eberhard
, WA Case Update: Hidden Injuries: Restarting the Statute of Limitations for Sexual Abuse Wednesday May 20, 2015 By: Kyle Riley
, WA Case Update: Default without Notice: Court Vacates Judgment Based on Interpretation of “Appear” Thursday May 7, 2015 By: Kyle Riley
, Washington Case Update: Playing Offense: Collateral Estoppel Not Permitted Where New Defense Is Available Wednesday April 29, 2015 By: Josh Hayward
, , Oregon Case Update: Not Paying Attention? No Problem! Part II Wednesday April 29, 2015 By: Jeff Eberhard
Washington Case Update: Timber! Waste Inapplicable when Timber Statute Applies Thursday April 16, 2015 By: Kyle Riley
, Oregon Case Update: “That’s Not What I Wanted” – Limiting Arbitrator Authority Thursday April 16, 2015 By: Jeff Eberhard
, Washington Case Update: Can a Business Be Liable for a Mass Shooting? Thursday April 9, 2015 By: Josh Hayward
, , Oregon Case Update: Court Refuses to Reform Policy to Allow Recovery of $18 Million Verdict Thursday April 9, 2015 By: Jeff Eberhard
, Washington Case Update: Federal Enclave Doctrine Bars Statutory Discrimination Claims on Military Base Thursday April 2, 2015 By: Kyle Riley
, Oregon Case Update: Common-Law Indemnity for Negligence (Probably) Obsolete Thursday April 2, 2015 By: Firm Authorship
Oregon Case Update: Oregon Governor Signs SB 411: Big Changes for Oregon UM/UIM and PIP Coverage Friday March 20, 2015 By: Cliff Wilson
Oregon Case Update: Good News for Subcontractors: Limited Defense Obligation under Indemnity Clauses Sunday March 15, 2015 By: Firm Authorship
, Washington Case Update: MVA Defendant Vacates Surprise Default Judgment Thursday March 12, 2015 By: Kyle Riley
Oregon Case Update: Here We Go Again – Court Allows Fourth Retrial Wednesday March 11, 2015 By: Jeff Eberhard
, Washington Case Update: Who Exactly are you Insuring under an Insurance Policy? Thursday March 5, 2015 By: Firm Authorship
, Oregon Case Update: General Contractors: Guarding Yourself against Subcontractors’ Employees Thursday February 26, 2015 By: Firm Authorship
, , , , Washington Case Update: Corporate Confusion: Amending the Complaint after the Statute of Limitations Period Wednesday February 25, 2015 By: Kyle Riley
Oregon Case Update: Do PIP Benefits Cover Medical-Related Travel? Thursday February 19, 2015 By: Firm Authorship
Oregon Case Update: Be Careful What You Wish For: Arbitrators May Interpret Their Own Authority Saturday February 14, 2015 By: William Taaffe
, , , , Washington Case Update: Not So Personal Service: Secondhand Service Sufficient Thursday February 12, 2015 By: Kyle Riley
, , Oregon Case Update: The “Same 9” Rule: It’s Not the Same Any Longer Wednesday February 11, 2015 By: Jeff Eberhard
, , , , Washington Case Update: Allegations of Intentional Assault? The Duty to Defend is Unlikely Wednesday February 4, 2015 By: Firm Authorship
, , Oregon Case Update: MVA Claims for Liquor Liability May Not Require Foreseeability Friday January 23, 2015 By: Jeff Eberhard
, Washington Case Update: When it Comes to Proof of Dangerous Conditions, Time is of the Essence Thursday January 22, 2015 By: Firm Authorship
Oregon Case Update: Limits Placed on Pre-incident Releases Thursday January 15, 2015 By: Jeff Eberhard
, , Washington Case Update: Regular Use Exclusion Does Not Violate Public Policy Behind Ride-Shares Monday January 5, 2015 By: Firm Authorship
, , , Oregon Case Update: Sink Your Teeth Into This: Oregon Court Allows Lay Testimony on Medical Causation Wednesday December 17, 2014 By: Jeff Eberhard
Washington Case Update: Courts Won’t Reward an Invitee Taking an Unsafe Short-Cut Wednesday December 17, 2014 By: Firm Authorship
, , , , Oregon Case Update: Attorney-Client Privilege Recognized for Attorneys Who Try to do Right Thursday December 11, 2014 By: Jeff Eberhard
, Washington Case Update: Plaintiff Held to Her Burden of Proof in a Slip and Fall Claim Thursday December 11, 2014 By: Firm Authorship
, Oregon Case Update: Side Deals with Plaintiff – Sideways with Co-Defendant; Off-sides or Just Good Defense? Friday November 21, 2014 By: Jeff Eberhard
, Washington Case Update: Arbitrating Underinsured Motor Vehicle Claims Thursday November 20, 2014 By: Firm Authorship
Washington Case Update: Enforcing Release and Waiver of Liability Agreements for Health Clubs Friday November 14, 2014 By: Josh Hayward
Oregon Case Update: It’s Medieval: Determining Applicability of Oregon Law’s Cap on Noneconomic Damages Friday November 14, 2014 By: Jeff Eberhard
Oregon Case Update: Insurer’s Ability to Avoid Payment of Insured’s Attorney Fees Under ORS 742.061(1) Wednesday October 29, 2014 By: Jeff Eberhard
, Washington Case Update: The Ability to Bring a Wrongful Death Claim in Washington Wednesday October 29, 2014 By: Kyle Riley
Washington Case Update: Patience is a Virtue: Complying with the Statutory Waiting Period Before Filing a Lawsuit Against a Local Government Entity Thursday October 23, 2014 By: Kyle Riley
Oregon Case Update: Additional Liability of LLC Members Under the Employer Liability Law Statute Thursday October 23, 2014 By: Firm Authorship
, , Oregon Case Update: Say What You Mean and Mean What You Say: Interpreting Insurance Policy Time Limitations for Recovering Reconstruction Costs Tuesday October 21, 2014 By: Jeff Eberhard
Washington Case Update: Employing Washington’s Long-arm Statute Against Out of State Employers Thursday October 16, 2014 By: William Taaffe
, , , Washington Case Update: Examining the Admissibility of Biomechanical Engineer Testimony Thursday October 9, 2014 By: Kyle Riley
Oregon Case Update: How Limited are LLC Members’ Liability? Thursday October 9, 2014 By: Josh Hayward
, , , , Washington Case Update: Tick-Tock: A Tardy Attorney Fee Petition May Still Be Accepted by the Court Thursday October 2, 2014 By: Kyle Riley
Washington Case Update: Why Your Subcontractor’s Employee May Be Your Employee and What To Do About It Thursday September 25, 2014 By: William Taaffe
, Oregon Case Update: The Insurer vs. the Insured: Subrogation and the “Real Party in Interest” Rule Thursday September 25, 2014 By: Jeff Eberhard
Oregon Case Update: Think Twice About Having a Party: Does BYOB Limit Liability? Friday September 19, 2014 By: Jeff Eberhard
, Washington Case Update: Parental Immunity Doctrine: Not Applicable When Wet Wednesday September 17, 2014 By: Kyle Riley
Oregon Case Update: Lack of Interpersonal Skills and the ADA Saturday September 13, 2014 By: William Taaffe
, , , , Washington Case Update: Does a Private Partial Settlement Constitute a Waiver of the Right to Trial de Novo? It Depends… Wednesday September 10, 2014 By: Kyle Riley
, , , , Oregon Case Update: Insurer’s Duty to Defend in a Construction Defect Case Wednesday September 10, 2014 By: Firm Authorship
, , , , Washington Case Update: Inaction by Insured Makes Order of Default Difficult to Set Aside Thursday September 4, 2014 By: Kyle Riley
Oregon Case Update: Unilateral Modifications to Performance Obligations under an Insurance Policy Thursday August 28, 2014 By: Jeff Eberhard
, , , , Settlement Navigation Wednesday August 27, 2014 By: Ryan McLellan
Washington Case Update: Washington Applies the Federal Burden Shifting Framework to Disability Discrimination Claims Under WLAD Friday August 22, 2014 By: William Taaffe
, Washington Case Update: Insurers Uneasy About Electronic Document Delivery Wednesday August 20, 2014 By: Kyle Riley
Washington Case Update: When Independent Contractors Sue for Discriminatory Employment Actions Wednesday August 13, 2014 By: William Taaffe
, Washington Case Update: Voiding Coverage for Fraud Prohibited by Public Policy Wednesday August 6, 2014 By: Josh Hayward
, , , , Oregon Case Update: The Fine Art of an Offer of Judgment Wednesday August 6, 2014 By: Jeff Eberhard
, , , , Washington Case Update: Surprise Default Judgment, Now What? Thursday July 31, 2014 By: Kyle Riley
, , Oregon Case Update: Time to Avoid Attorney Fees Thursday July 31, 2014 By: Jeff Eberhard
, , Washington Case Update: Surviving Summary Judgment with the Voluntary Rescue Doctrine Thursday July 24, 2014 By: Kyle Riley
, Oregon Case Update: 126.725 Settlement Agreement on Behalf of Minor; Payment or Deposit; Disbursement; Liability Thursday July 17, 2014 By: Jeff Eberhard
, , Oregon Case Update: "Temperi Omnia Est.” Or In Other Words, “Timing Is Everything.” Thursday July 17, 2014 By: Jeff Eberhard
Washington Case Update: Duty to Defend Triggered by Functional Equivalent of “Suit” Wednesday July 16, 2014 By: Kyle Riley
Washington Case Update: Parties Have Three Years to File Complaints Against Dissolved LLCs Wednesday July 16, 2014 By: Firm Authorship
, Oregon Case Update: 20.080 Attorney Fees for Certain Small Tort Claims Wednesday July 16, 2014 By: Jeff Eberhard
, , Oregon Case Update: The Basics of Advance Payments Wednesday July 16, 2014 By: Jeff Eberhard
, , Oregon Case Update: 742.061 Recovery of Attorney Fees in Action on Policy or Contractor’s Bond Wednesday July 16, 2014 By: Jeff Eberhard
Oregon Case Update: 12.155 Effect of Notice of Advance Payment on Running of Period of Limitation Wednesday July 16, 2014 By: Jeff Eberhard
, Oregon Case Update: When Plaintiff’s Can’t Cry Constitutional Foul (Even If They Want To) Tuesday July 15, 2014 By: Jeff Eberhard
Washington Case Update: The Possibility of Proving Medical Causation Without an M.D. Thursday July 3, 2014 By: Kyle Riley
Oregon Case Update: Confidential Agreement Stays Confidential in Later Legal Malpractice Suit Wednesday July 2, 2014 By: Jeff Eberhard
Oregon Case Update: Confidential Agreement Stays Confidential in Later Legal Malpractice Suit Wednesday July 2, 2014 By: Jeff Eberhard
, , Oregon Case Update: Liquor Liability: The Great Debate about Alcohol and Violence Friday June 20, 2014 By: Jeff Eberhard
Oregon Case Update: Liquor Liability: The Great Debate about Alcohol and Violence Friday June 20, 2014 By: Jeff Eberhard
, , , , Washington Case Update: Attorney Fees Not Available Under Washington’s Small Claims Statute Without a Final Judgment Wednesday June 18, 2014 By: Kyle Riley
Washington Case Update: Covenant Judgments Set a Floor, Not a Ceiling Thursday June 12, 2014 By: Kyle Riley
Oregon Case Update: Respondeat Superior: Does it Require Reasonable Foreseeablility? No… Thursday June 12, 2014 By: Jeff Eberhard
, , , Oregon Case Update: Respondeat Superior: Does it Require Reasonable Foreseeablility? No… Thursday June 12, 2014 By: Jeff Eberhard
Oregon Case Update: Set Aside Default Judgment? Be Prepared to Explain Everything Wednesday June 11, 2014 By: Josh Hayward
Oregon Case Update: Set Aside Default Judgment? Be Prepared to Explain Everything Friday June 6, 2014 By: Josh Hayward
, , , Washington Case Update: Only Clients or Intended Beneficiaries of Representation Have Standing for Legal Malpractice Claims Wednesday June 4, 2014 By: Kyle Riley
, Oregon Case Update: Plaintiff's Feet Held to the Fire in a Settlement Agreement Despite Ignorance of a Medicare Lien Wednesday June 4, 2014 By: Jeff Eberhard
, , Oregon Case Update: Oregon Court Clarifies Meaning of “Voluntarily” in Liquor Liability Statute Thursday May 29, 2014 By: Jeff Eberhard
, , , , Washington Case Update: A Global Offer of Compromise Dictates a Global Assessment of the Trial Award Wednesday May 28, 2014 By: Kyle Riley
Oregon Case Update: My Fault is Only Passive, so Pay My Defense Costs Wednesday May 28, 2014 By: Paul Sheely
, , , , Oregon Case Update: My Fault is Only Passive, so Pay My Defense Costs Wednesday May 28, 2014 By: Paul Sheely
Washington Case Update: Vendetta Blogger "SLAPP"ed Down by Court of Appeals Wednesday May 28, 2014 By: Kyle Riley
, , Oregon Case Update: Can You Defeat a Summary Judgment Without Disclosing Your Expert? Thursday May 15, 2014 By: Jeff Eberhard
, Oregon Case Update: Can You Defeat a Summary Judgment Without Disclosing Your Expert? Thursday May 15, 2014 By: Jeff Eberhard
Washington Case Update: Construction Work Exclusion on Multi-Family Housing Upheld Wednesday May 14, 2014 By: Kyle Riley
, Oregon Case Update: New Trick for Small Subcontractor Claims Wednesday May 14, 2014 By: Firm Authorship
, Washington Case Update: How to Toll the Statute of Limitations against John Doe Wednesday May 7, 2014 By: Josh Hayward
, , , Oregon Case Update: Federal Court Upholds Low Bar Regarding Admissibility of Expert Testimony Wednesday May 7, 2014 By: Jeff Eberhard
Oregon Case Update: Federal Court Upholds Low Bar Regarding Admissibility of Expert Testimony Wednesday May 7, 2014 By: Jeff Eberhard
, , Oregon Case Update: Examination Under Oath may be a Requirement for Insured to File Suit Wednesday April 30, 2014 By: Jeff Eberhard
, , , Oregon Case Update: Examination Under Oath may be a Requirement for Insured to File Suit Wednesday April 30, 2014 By: Jeff Eberhard
, Oregon Case Update: Not Paying Attention? No Problem! Part I Tuesday April 29, 2014 By: Cliff Wilson
Oregon Case Update: “Athletic Participant” Exclusion Interpreted Narrowly Wednesday April 16, 2014 By: Jeff Eberhard
, Oregon Case Update: “Athletic Participant” Exclusion Interpreted Narrowly Wednesday April 16, 2014 By: Jeff Eberhard
Washington Case Update: No Duty to Warn Invitees of Obviously Wet Grass When Alternative Paths Available Wednesday April 9, 2014 By: Kyle Riley
, Oregon Case Update: Insured is Limited to Recovering Contractual Damages from an Insurer Wednesday April 9, 2014 By: Jeff Eberhard
, , Oregon Case Update: Insured is Limited to Recovering Contractual Damages from an Insurer Wednesday April 9, 2014 By: Jeff Eberhard
Oregon Case Update: Intentional Torts Do Not Require Special Relationship to be Actionable Thursday March 27, 2014 By: William Taaffe
, Washington Case Update: “Stigma Damages” Can Be Excluded from a UIM-PD Policy Thursday March 27, 2014 By: Kyle Riley
Oregon Case Update: Want to Write a Critical Online Review? Be Prepared to Pay for a Defense Wednesday March 19, 2014 By: Josh Hayward
Washington Case Update: Business’s Mere Speculation as to Damage to Reputation Not Enough for Damages Award Wednesday March 19, 2014 By: Josh Hayward
, Oregon Case Update: Want to Write a Critical Online Review? Be Prepared to Pay for a Defense Wednesday March 19, 2014 By: Josh Hayward
Oregon Case Update: Anti-Assignment Clause in Policy Prevents Insured from Assigning Rights to Third Party Thursday March 13, 2014 By: Jeff Eberhard
Washington Case Update: Premises Liability – Self-Service Exception Will Not Apply to All Areas of a Business Thursday March 13, 2014 By: Kyle Riley
Oregon Case Update: Subcontractors Liable for Contractual Indemnity Friday March 7, 2014 By: Firm Authorship
, Washington Case Updates: Tenants May Not Recover Emotional Distress Damages for Statutory Landlord-Tenant Claims Thursday March 6, 2014 By: Kyle Riley
, Washington Case Update: UIM Coverage: Determining Whether There Were One or Two Accidents Thursday February 27, 2014 By: Josh Hayward
Washington Case Update: Government Has No Duty to Inspect Trees Along Roadways Thursday February 27, 2014 By: Kyle Riley
Oregon Case Update: Discovery Rule Read Into Statutes That “Accrue” Thursday February 20, 2014 By: Jeff Eberhard
, Washington Case Update: Work Release with Restrictions May Not Cut Off Wage Loss Benefits Thursday February 20, 2014 By: Kyle Riley
, , , , 2013 – Washington Cases Law Update Wednesday February 19, 2014 By: Josh Hayward
Washington Case Update: Recreational Use Immunity Is Interpreted Narrowly Thursday February 13, 2014 By: Kyle Riley
, , , , Oregon Case Update: Facing A ‘SLAPP’ Lawsuit? You Have Recourse Wednesday February 12, 2014 By: Jeff Eberhard
, Oregon Case Update: Mistake on Policy Limits Offer Did Not Bind Insurer to Settlement Agreement Thursday January 30, 2014 By: Jeff Eberhard
Washington Case Update: Minor’s Medical Malpractice Claims Can Be Tolled Until Age of Majority Thursday January 23, 2014 By: Firm Authorship
Oregon Case Update: Landlord-Tenant Relationship Does Not Defeat Oregon Tort Claims Act Immunity Wednesday January 22, 2014 By: Bob Smith
Washington Case Update: In a Negligence Matter, Who Determines Foreseeability? The Judge says "I Can." Thursday January 16, 2014 By: Josh Hayward
Oregon Case Update: Clarity Through Murky Waters: The Duty to Defend and Indemnify Insureds for Environmental Remediation Expenses Above Policy Limits Friday January 10, 2014 By: Jeff Eberhard
, Oregon Case Update: Plaintiff Comparatively Negligent? Violate a Statute? Noneconomic Damages Cap of $500,000 May Apply Wednesday January 8, 2014 By: Jeff Eberhard
, Oregon Case Update: Part III: Plaintiff Comparatively Negligent? Violate a Statute? Noneconomic Damages Cap May Apply Wednesday January 8, 2014 By: Jeff Eberhard
, Washington Case Update: Those Who Sign Pre-injury Releases Risk Running into a Huge Problem Wednesday January 8, 2014 By: Kyle Riley
, Washington Case Update: Expansion of the Independent Duty Doctrine is in a State of Flux Wednesday December 18, 2013 By: Kyle Riley
, Oregon Case Update: Tort Cap May Apply if a Person is Negligent Wednesday December 18, 2013 By: Jeff Eberhard
, Washington Case Update: Plaintiff Denied Judgment as a Matter of Law in an Icy Slip and Fall Thursday December 5, 2013 By: Kyle Riley
, , Washington Case Update: Texting Drivers: Texters with Happy Thumbs Beware Thursday November 21, 2013 By: Kyle Riley
, Oregon Case Update: Attorney Fees Are Mandatory Under ORS.742.061, But May Be Reduced if the Insurer Acts Reasonably Thursday November 21, 2013 By: Jeff Eberhard
, , Washington Case Update: Municipalities Owe Legal Duties to All Parties, Including Intoxicated Drivers Thursday November 14, 2013 By: Kyle Riley
, Oregon Case Update: Part I – Factors That Can Slash Down an Award of Attorney’s Fees Thursday November 14, 2013 By: Jeff Eberhard
, , Oregon Case Update: ORCP 47 E Affidavits: Defendants Have a Way to Beat the Unbeatable Thursday November 7, 2013 By: Jeff Eberhard
, , Washington Case Update: Court Limits the Ways in Which Plaintiffs May Attack Defense Biomechanical Experts Sunday November 3, 2013 By: Kyle Riley
Washington Case Update: Insurer Held to Fend for Itself with Regard to Defense of its Insured Thursday October 31, 2013 By: Kyle Riley
, Oregon Case Update: Enjoy Snow Sports? Releases Force Participants to do so at Their Own Risk Wednesday October 30, 2013 By: Jeff Eberhard
, , Washington Case Update: Partial Settlement Agreements Do Not Always Defeat Joint & Several Liability Thursday October 24, 2013 By: Kyle Riley
, , Washington Case Update: Negligent Supervision: Organizations Have a Special Duty to Protect Children in Their Custody from Foreseeable Physical Danger Thursday October 17, 2013 By: Kyle Riley
, , Oregon Case Update: “Proof of Loss” in UIM Cases: The Oregon Supreme Court Provides Clarity on a Hairy Issue Wednesday October 16, 2013 By: Jeff Eberhard
, Oregon Case Update: Med-Mal Claim for Injuries to a Child? The Sky is the Limit on Noneconomic Damages Tuesday October 15, 2013 By: Jeff Eberhard
, , Washington Case Update: Slip & Falls: The Self-Service Exception Requires Some Evidence That Customers Cause Spills in the Area of the Fall Thursday October 10, 2013 By: Kyle Riley
, Washington Case Update: Do Drug Manufacturers Have a Duty to Give Doctors Diagnostic Tips? Wednesday October 2, 2013 By: Kyle Riley
, Oregon Case Udpate: Paying Attorney’s Fees? Object Specifically or Lose Again on Appeal Wednesday October 2, 2013 By: Jeff Eberhard
Washington Case Update: When Agents Go Awry, Insurers May Be Liable Wednesday September 25, 2013 By: Jeff Eberhard
Oregon Case Update: EPA Letters May Constitute “Suits” and Trigger an Insurer’s Duty to Defend Wednesday September 25, 2013 By: Jeff Eberhard
, Oregon Case Update: Suing When You Shouldn’t? Can Be Costly and Tough to Prove Monday September 16, 2013 By: Jeff Eberhard
, Washington Case Update: $50K Arbitration Limit Applies to Individual Claims, Not Total Request for Relief Thursday August 29, 2013 By: Kyle Riley
, Oregon Case Update: Omitting Specific Damages In a Complaint May Cost Plaintiffs Later Thursday August 29, 2013 By: Jeff Eberhard
, , Washington Case Update: Plaintiff Denied Two Bites at the Apple in Claim Against Insurer Thursday August 15, 2013 By: Kyle Riley
Oregon Case Update: Failure to Appear? No Judgment Unless Rules Are Followed Thursday August 15, 2013 By: Jeff Eberhard
Oregon Case Update: SB 414 Signed Into Law, Allows State to Bring Claims on Behalf of Policyholders Thursday July 25, 2013 By: Jeff Eberhard
, , Washington Case Updates: Personal Attorneys Struggle to Collect Fees from Insurers Wednesday July 24, 2013 By: Kyle Riley
, , Washington Case Update: Bad Faith Claim Not Allowed, Following UIM Breach of Contract Judgment Thursday July 11, 2013 By: Kyle Riley
, Washington Case Update: Court Clarifies Proper Workers’ Compensation Fund for Former Maritime Workers Thursday June 20, 2013 By: Kyle Riley
, , Oregon Case Update: No Contribution From Third Party Whose Liability Is Not Extinguished by Settlement Thursday June 20, 2013 By: Jeff Eberhard
, , Washington Case Update: If Consumer Injury Present, Medical Malpractice Plaintiff May Also Bring CPA Claim Wednesday June 12, 2013 By: Kyle Riley
, , Oregon Case Update: Agreement to Arbitrate UIM Claim Starts Arbitration Proceedings Wednesday June 12, 2013 By: Jeff Eberhard
, Washington Case Update: Title Insurer’s Failure to Except Limitation on Title, Not A Violation of CPA Wednesday May 29, 2013 By: Kyle Riley
Oregon Case Update: Oregon Court Rules Against Contractor, RPC: Conduct “Unconscionable” Tuesday May 21, 2013 By: Jeff Eberhard
, Washington Case Update: Federal Court Applies Cedell to Third Party Liability Disputes Wednesday May 15, 2013 By: Kyle Riley
, Oregon Case Update: Plaintiff Wants an Observer at a Physical Exam? They Better Have a Good Reason Wednesday May 15, 2013 By: Jeff Eberhard
Oregon Case Update: Specificity Needed to Prove Asbestos Claims Wednesday May 8, 2013 By: Jeff Eberhard
, , , Washington Case Update: IFCA Damages Question Sent to WA Supreme Court Tuesday May 7, 2013 By: Kyle Riley
, , , , , Washington Case Update: Federal District Court: WA IFCA Damages Include Unpaid Policy Benefits Wednesday May 1, 2013 By: Kyle Riley
Washington Case Update: Plaintiff Looks Clumsy After Failing to Offer Evidence Supporting Her Negligence Claim Tuesday April 30, 2013 By: Josh Hayward
, , Oregon Case Update: Economic and Noneconomic Damages? Same Jurors Must Agree on Both Tuesday April 23, 2013 By: Jeff Eberhard
Oregon Case Update: Contractors Are “Workers,” for Workers Compensation Purposes, If Employer Has “Direction and Control” Wednesday April 17, 2013 By: Jeff Eberhard
, , Washington Case Udpate: Failure to Vacate Default Judgment Within One Year Not Excused by Strategic Delay in Judgment Collection Tuesday April 16, 2013 By: Kyle Riley
Washington Case Update: Insurance Requirement for “Entire Progress of Work” Excludes “Completed Operations” Coverage Tuesday April 16, 2013 By: Kyle Riley
, , , , Washington Case Update: UIM Coverage Not Available to Employees Injured on Personal Business Wednesday April 10, 2013 By: Kyle Riley
, Washington Case Update: Supreme Court Eliminates Insurers’ Ability to Recoup Defense Costs Wednesday March 27, 2013 By: Kyle Riley
, Oregon Case Update: Oregon Courts May Combine Methods Used to Calculate Attorney Fees Wednesday March 27, 2013 By: Jeff Eberhard
, Washington Case Update: Court of Appeals Narrows Six-Year Statute of Repose Thursday March 21, 2013 By: Paul Sheely
Oregon Case Update: ORS 742.061 Attorney Fees Only Available After Insured Prevails at Trial Thursday March 21, 2013 By: Jeff Eberhard
Washington Case Update: First-Party Insurance Claim Files Presumed to Be Discoverable Thursday March 14, 2013 By: Jeff Eberhard
, , Oregon Case Update: Tort Claim Notice: What is Required? Thursday March 14, 2013 By: Jeff Eberhard
, Washington Case Update: Gun Owners are not Strictly Liable for Damages Caused by a Failure to Properly Secure a Firearm Thursday March 7, 2013 By: Kyle Riley
, , Oregon Case Update: Insured’s Settlement with Plaintiff Found to be Not Binding on Insurer Thursday March 7, 2013 By: Jeff Eberhard
, , Washington Case Update: Plaintiff Assumes Risk and is Barred From Recovery for Injuries on Stairway When Voluntary Use of Stairway Occurs After Comments on S... Wednesday February 27, 2013 By: Kyle Riley
, , Oregon Case Update: Duty to Defend is Triggered When the Complaint is Silent on the Timing of Damages Wednesday February 27, 2013 By: Paul Sheely
, Washington Case Update: Washington Supreme Court: Unless Authorized by Statute, Binding Arbitration Agreements in Insurance Contracts are Prohibited and Unen... Thursday February 21, 2013 By: Kyle Riley
, Washington Case Update: Coverage Denied for Pizza Company Who Hired Third-Party Marketer to Unlawfully Send Text Messages to Pizza Customers Wednesday February 13, 2013 By: Kyle Riley
Oregon Case Update: Oregon Court of Appeals Upholds Jury Award of $500 in Noneconomic Damages and $100,000 in Punitive Damages Wednesday February 6, 2013 By: Jeff Eberhard
, Washington Case Update: Recipient of Worker’s Compensation Benefits under Washington Industrial Insurance Act Allowed Separate Cause of Action Against Neglig... Sunday February 3, 2013 By: Kyle Riley
Washington Case Update: Cancellation of Policy to Borrower Not Necessarily Cancellation to Lender Wednesday January 30, 2013 By: Kyle Riley
, , Washington Case Update: Insurer Duty to Defend Based on Allegations in Complaint and Not Upon Subsequent Facts Learned in Discovery Monday January 28, 2013 By: Kyle Riley
, Washington Case Update: No Coverage for Nightclub Shooting Negligence Action Under Firearm Exclusion Thursday January 24, 2013 By: Kyle Riley
, Washington Case Update: Marijuana Legalization and Regulation: Initiative 502 (2012) Thursday January 17, 2013 By: Bob Smith
, Oregon Case Update: Care Providers Beware: Could You Be Liable for Employee Abuse of Patients? Thursday January 17, 2013 By: Jeff Eberhard
, , Oregon Case Update: Ambiguous Homeowners’ Policy Construed Against the Insurer in Case Involving Landslide Damages Thursday January 17, 2013 By: Jeff Eberhard
, Washington Case Update: Employer’s Liability Insurance, with $1,500,000 Liability Limit, Deemed Applicable to Injured Party’s UIM Claim Wednesday January 9, 2013 By: Kyle Riley
Oregon Case Update: ORS 20.080: No Pre-Litigation Demand Required for Defendant To Obtain Attorney Fees on its’ Counterclaims Tuesday January 8, 2013 By: Jeff Eberhard
, Oregon Case Update: Default Judgment May be Relieved If Resulting From “Excusable Neglect” Tuesday December 18, 2012 By: Jeff Eberhard
, , Oregon Case Update: Got an Out-of-State Insurance Policy? – Oregon Attorney Fees May Still Apply Thursday December 6, 2012 By: Jeff Eberhard
, , Washington Case Update: Insurers Have No Right to a Jury Trial in RCW 4.22.060 Reasonableness Hearings Wednesday November 28, 2012 By: Kyle Riley
, , , Washington Case Update: Incident Reports: Privileged or Discoverable? Wednesday November 28, 2012 By: Kyle Riley
, Oregon Case Update: UIM Coverage: Determining Whether There Were One or Two Accidents Tuesday November 20, 2012 By: Jeff Eberhard
, , Washington Case Update: Confession of Judgment Determined Fully Satisfied When Full Payment is Received Tuesday November 6, 2012 By: Kyle Riley
, Washington Case Update: Bad Faith: An Insurer’s Reasonable Investigation Did Not Constitute Bad Faith Wednesday October 24, 2012 By: Kyle Riley
, , Oregon Case Update: A Brave New World: ORS 742.538 Prerequisites Apply to Health Insurers Sunday October 14, 2012 By: Jeff Eberhard
, Washington Case Update: Biomechanical Engineer’s Testimony Can Be Excluded in an Automobile Accident Case Wednesday October 10, 2012 By: Kyle Riley
Oregon Case Update: Arbitration Required When Insurers Disputed Reimbursement of PIP Benefits Wednesday October 3, 2012 By: Jeff Eberhard
, Oregon Case Update: ORS 20.080: Look Beyond the Total Amount Pleaded Wednesday September 19, 2012 By: Jeff Eberhard
, , Oregon Case Update: Workers’ Compensation Insurer Must Notify Claimant of Potential Conflict of Interest Wednesday September 12, 2012 By: Jeff Eberhard
, Oregon Case Update: Chimp Bit Off Intern’s Thumb During Attack and Sanctuary Found Not Liable Wednesday August 29, 2012 By: Jeff Eberhard
, Oregon Case Update: Negligence Claim Dismissed When Defendant Misidentified in Complaint Monday July 30, 2012 By: Jeff Eberhard
, , Washington Case Update: Does Auto Property Damage Coverage Include Coverage for Post-Repair Diminished Value? Tuesday July 24, 2012 By: Kyle Riley
Washington Case Update: Amendments to Washington’s Construction Anti-Indemnification Statute RCW 4.24.115 Friday July 20, 2012 By: Kyle Riley
, Washington Case Update: Subrogation: Coinsureds Under the Sutton Rule Monday July 16, 2012 By: Kyle Riley
Washington Case Update: Parents Not Negligent For Son’s Gun-whipping in Assault Monday July 9, 2012 By: Kyle Riley
, Washington Case Update: Non-owner’s Use of Vehicle Without Consent Relieves Owner of Liability Tuesday June 26, 2012 By: Kyle Riley
, Washington Case Update: Bar Owner Found Not Liable for Off-Premises Assault by its Patron Wednesday June 13, 2012 By: Jeff Eberhard
, , Washington Case Update: Bad Faith: Settlement Offers Supported by Appraisals Found Proper Wednesday May 23, 2012 By: Jeff Eberhard
, , Oregon Case Update: Increases in Policy Limits are Not Retroactive Thursday May 10, 2012 By: Jeff Eberhard
, , Oregon Case Update: Does Governmental Discretionary Immunity Apply when a Public Employee makes Facility Design Decisions? Tuesday May 1, 2012 By: Jeff Eberhard
, Washington Case Update: Kicking Summary Judgment to the Curb: When a Dangerous Condition is Open and Obvious, Can a Landowner Still be Liable for that Condit... Wednesday April 25, 2012 By: Kyle Riley
, , Washington Case Update: What Constitutes Excusable Neglect when a Plaintiff Names the Wrong Defendant? Wednesday April 11, 2012 By: Kyle Riley
Oregon Case Update: A Default Judgment is Void if the Plaintiff Fails to Allege a Specific Amount of Damages in the Complaint Wednesday April 4, 2012 By: Kyle Riley
, Washington Case Updates: Insurers Can Rely on the Language of the Policy in Determining Who is Entitled to Coverage Thursday March 22, 2012 By: Kyle Riley
, Oregon Case Update: Examination Reports Created for Purposes of Litigation are Discoverable Thursday March 8, 2012 By: Jeff Eberhard
, , Washington Case Update: The Supreme Court of Washington Reverses Matsyuk and Clarifies the Pro Rata Fee Sharing Rule Friday February 24, 2012 By: Kyle Riley
Oregon Case Update: Important Change to the Scope of Discovery in Oregon: Oregon Now Requires Disclosure of the Existence of Coverage Denials or Reservation ... Thursday February 16, 2012 By: Jeff Eberhard
, , Washington Case Update: Contractor Conundrum: Does a “License Agreement” Limit an Employer’s Liability for Injuries on a Jobsite? Friday January 27, 2012 By: Kyle Riley
, , Oregon Case Update: PIP Reimbursement Reductions: Rules are Meant to be Followed, Or Else Thursday January 12, 2012 By: Jeff Eberhard
, , Washington Case Update: Clash of the Clauses: Who Pays When Two Insurers Have ‘Other Insurance’ Clauses? Friday January 6, 2012 By: Kyle Riley
, , Oregon Case Update: Avoiding Liability in a Death Case: Is a General Denial Enough? Tuesday January 3, 2012 By: Jeff Eberhard
Oregon Case Update: Want to Prove Premises Liability? Better Bring Some Evidence Friday November 4, 2011 By: Jeff Eberhard
, , Washington Case Update: The Independent Duty Doctrine Can Arise in the Context of Professional Relationships Friday March 18, 2011 By: Paul Sheely
, , , , , , Three Smith Freed Eberhard Attorneys Recognized as 2020 Super Lawyers and Rising Stars. Thursday February 20, 2020 By: Firm Authorship
, , 2019 Super Lawyers Recognizes 8 SFE Attorneys! Monday December 30, 2019 By: Firm Authorship
, , The Best Lawyers in America© 2019 Announced Thursday November 21, 2019 By: Firm Authorship
, , Smith Freed Eberhard named best law firm in America 2020. Thursday November 21, 2019 By: Firm Authorship
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