Plead it or Weep: You Can’t Assert a New Theory of Liability in Response to a Motion for Summary Judgment
Legal Alert
From the Desk of Josh Hayward: A motion for summary judgment can be defeated with a showing of a genuine issue of material fact. But can a party bring up new theories of liability—not asserted in the pleadings—in a response…
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Thursday May 18, 2023
By: Josh Hayward
Commercial Lines in Oregon – 2022 Year in Review
Webinar
Join Smith Freed Eberhard Managing Partner Bill Taaffe and Partner Melanie Rose as they discuss significant commercial lines cases from 2022 in Oregon with a focus on the impact these cases will have on commercial lines claims management. Webinar On-Demand Webinar…
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Monday April 24, 2023
By: Firm Authorship
The Action Accrues at Breach: The Oregon Court of Appeals Refuses to Apply the Discovery Rule to Breach of Contract Cases
Legal Alert
From the Desk of Mike Staskiews: In this recent Oregon Court of Appeals case, the Court addressed what seemed to be a split among two lines of case law regarding when the statute of limitations “accrues” in certain breach of…
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Friday April 14, 2023
By: Michael Staskiews
Personal Lines in Oregon and Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard partners, Cliff Wilson and Josh Hayward, as they provide a basic overview of Oregon and Washington personal lines cases in 2022 including recent developments and real-world examples. Webinar Available On-Demand View the Webinar Tuesday, April 18th…
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Wednesday April 5, 2023
By: Firm Authorship
Oregon Court of Appeals Rules Special Relationship Required for Purely “Psychic Damages” in Negligence Claims
Legal Alert
From the Desk of Melanie Rose: Recently, the Oregon Court of Appeals was asked to clarify when a plaintiff may recover noneconomic damages in a negligence case when the Plaintiff did not suffer a physical injury. Claims Pointer: In this…
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Wednesday February 1, 2023
By: Melanie Rose
Of Horse and Man: Can a Malnourished Horse Sue Its Owner?
Legal Alert
From the Desk of Josh Hayward: Oregon’s animal welfare laws are some of the most protective statutes in the nation. However, despite the very animal-friendly regulations, Oregon has never recognized an animal as a legal entity with the capacity to…
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Friday January 13, 2023
By: Josh Hayward
You’ve Got Mail: Don’t Miss Your Deadlines Because You are Waiting for Mail
Legal Alert
From the Desk of Joshua Hayward: After a mandatory, non-binding arbitration, if a party wants to appeal the arbitrator’s decision, they must file an appeal within 20 days after the arbitrator enters their decision and award with the Court. But…
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Monday October 24, 2022
By: Josh Hayward
By Failing to Fully Admit Liability, The Door to Distracted Driving Evidence (Cell Phone Use), May Be Opened
Legal Alert
From the Desk of Jeff Eberhard: Can a defendant admit “responsibility” for “causing the accident” and keep out the fact she was on her cell phone at the time? What if Plaintiff alleges that Defendant who caused a rear-end…
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Monday October 10, 2022
By: Jeff Eberhard
Oregon’s Wrongful Death Statute and ORCP 44C: Who is a “Party”?
Legal Alert
From the Desk of Melanie Rose: ORCP 44C acts as an exception to the doctor-patient privilege that otherwise might protect certain medical records from disclosure. It requires a “Claimant” to produce all medical records “relating to the injuries for which…
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Thursday September 8, 2022
By: Melanie Rose
Schools Are Held to A Higher Standard of Duty When It Comes to the Safety of Students, But Plaintiffs Must Still Prove That Risk of Harm was Foreseeable
Legal Alert
From the Desk of Cliff J. Wilson: School districts have a heightened duty to keep children in their care safe. This heightened duty creates a liability exposure for the school district if a student suffers from a foreseeable risk of…
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Thursday August 25, 2022
By: Cliff Wilson
Savings Clauses as Life Savers: How to Resuscitate a Contract
Legal Alert
From the Desk of Josh Hayward: Agreements to Arbitrate are common in contracts, as arbitration is often favored over more expensive litigation. Often, one of the two parties to the contract do not want to be bound by the…
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Tuesday August 16, 2022
By: Josh Hayward
Straight Up: Liquor Liability and Litigation Strategies in Oregon
Webinar
Join Smith Freed Eberhard managing partner Jeff Eberhard and partner Bill Taaffe as they provide a basic overview of significant Dram Shop claims in Oregon and revised OR Statutes. Webinar Available On-Demand View the Webinar Why Watch This Webinar? Oregon’s…
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Monday August 1, 2022
By: Jeff Eberhard
Claiming an Incorrect PIP Offset Does Not Bring a UM Insurer Out of ORS 742.061(3) “Safe Harbor”
Legal Alert
From the Desk of Cliff Wilson: Oregon Courts will deny a claim for attorney fees under ORS 742.061 in UM/UIM claims if the insurer timely accepts coverage and consents to binding arbitration on the issues of liability and the amount…
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Friday July 22, 2022
By: Cliff Wilson
A Sigh of Relief from Oregon Landlords as Oregon Court of Appeals Determines a Tenant Cannot Receive “Per Violation” Damages
Legal Alert
From the Desk of Sean K. Conner: In recent years, the measure of damages recoverable under the Oregon Residential Landlord Tenant Act’s utility billing provisions has been a hot topic at the trial-court level, with courts issuing many conflicting opinions…
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Wednesday July 20, 2022
By: Sean Conner
Inherent Risk of a Sports Activity Is Not Always a Slam Dunk Defense
Legal Alert
From the Desk of Jeff Eberhard: When a plaintiff alleges a negligence claim for an injury that arose out of the plaintiff’s voluntary participation in a sports activity, a defendant might want to argue that the injury arose from…
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Tuesday July 5, 2022
By: Jeff Eberhard
The Defenses Landlords Can Raise Are Limited to the ORLTA
Legal Alert
From the Desk of Melanie Rose: When a landlord is being sued for an alleged uninhabitable condition, the Oregon Residential Landlord and Tenant Act (“ORLTA”) provides the landlord with a few statutory defenses to a tenant’s attempt to recover damages…
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Monday June 13, 2022
By: Melanie Rose
“Damage” vs “Damages”: Using the Incorrect Form Can Damage Your Case
Legal Alert
From the Desk of Joshua Hayward: Often, when a jury determines that a defendant is negligent, they will award monetary damages to the plaintiff. In this case, the jury found that the defendant was negligent but awarded the plaintiff no…
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Friday June 3, 2022
By: Josh Hayward
Two Experts, One Reasonable Conclusion: Washington Court of Appeals Grants Summary Judgment Despite Competing Expert Opinions
Legal Alert
From the Desk of Partner Gordon Klug: In general, summary judgment is not appropriate when two experts offer competing evidence. In a product defect case, it is the trier of fact that has to consider the competing evidence and determine…
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Thursday May 12, 2022
By: Gordon Klug
