Matthew Taylor
Associate Attorney
503-227-2424
Expertise Overview

Prior to joining Smith Freed Eberhard, Matt managed the Oregon office of a multi-state law firm handling an active case load of hundreds of consumer collection cases at a time.  Matt started his legal career as a public defender where he obtained extensive experience taking cases to a jury verdict.  Through his legal career, Matt has appeared in cases in every county in Oregon.

Education

Lewis and Clark Law School, J.D., 2005
Georgetown University, B.A., 2000

Professional Certification & Accolades

Member, Oregon State Bar Association
Member, Washington State Bar Association
Admitted, United States District Court, District of Oregon

Practice Areas
  • Practice Area
    • Commercial Liability Defense
    • Personal Lines
    • Automotive Defense
    • UM/UIM
    • PIP
    • Dog Bite
Bar Admissions
  • Oregon
  • 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
Let’s Talk

Tell me about your legal challenge.
Then we’ll tell you how we can help.