Location
Oregon
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
Don’t Expose Yourself to Liability for the Actions of a Third Party
Legal Alert
From the Desk of Jeff Eberhard:   It has been a long-held rule that a plaintiff cannot recover damages for negligent infliction of emotional distress without having suffered some physical injury as well. The exception to this general rule is…
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Wednesday May 4, 2022 By: Jeff Eberhard
A Partnership Does Not Automatically Create Joint and Several Liability
Legal Alert
From the Desk of Mike Staskiews:  Generally, all persons in a partnership can be found liable for the wrongful acts of one. But what if the wrongdoer’s conduct was done in the course of business of another entity that is…
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Monday April 25, 2022 By: Michael Staskiews
Oregon Court of Appeals Holds Once You Leave Safe Harbor You Cannot Re-Enter
Legal Alert
From the Desk of Melanie Rose:  Safe harbor is an important aspect of UIM claims as it provides an avenue to escape the general rule that prevailing plaintiffs in insurance policy actions are entitled to attorney fees. In order to…
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Thursday April 21, 2022 By: Melanie Rose
Oregon Court Determines When the Exception to Recreational Immunity Applies
Legal Alert
From the Desk of Josh Hayward:   Recreational immunity was created to promote the opening of land for recreational use by the public. The goal is to allow landowners to let the public use their land for recreation without fear…
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Thursday April 7, 2022 By: Josh Hayward
Moody v. Oregon Community Credit Union: An In-Depth Discussion
Webinar
Join Smith Freed Eberhard Partners Cliff Wilson and Melanie Rose as they discuss one of the most significant Oregon cases in 2022, Moody v. Oregon Community Credit Union. This case has created concern for first-party bad faith claims against insurers…
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Tuesday April 5, 2022 By: Cliff Wilson
Did the Trial Court Err When it Refused to Give the Substantial Factor Jury Instruction?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Josh Hayward: In a negligence case a plaintiff must prove causation through either a “but for” or a “substantial factor” test. The latter is used where there…
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Wednesday March 2, 2022 By: Josh Hayward
Did the Trial Court Err When it Refused to Give the Substantial Factor Jury Instruction?
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode Partner…
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Wednesday March 2, 2022 By: Josh Hayward
Commercial Lines in Oregon – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Partner Bill Taaffe as they discuss significant commercial lines cases from 2021 in Oregon with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Enter your email…
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Thursday February 24, 2022 By: Jeff Eberhard
First-Party Bad Faith in Oregon? Are the Floodgates About to Open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode Partner…
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Thursday February 10, 2022 By: Cliff Wilson
First-Party Bad Faith in Oregon? Are the Floodgates About to Open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Cliff Wilson: In the past, Oregon Courts have been reluctant to recognize first-party bad faith claims against insurers, and only allowed tort claims against an insurer in…
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Thursday February 10, 2022 By: Cliff Wilson
Airbnb and Hot Tub Liability: Read This Before Your Next Vacation
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Jeff Eberhard: When many hear of CDA Section 230 the focus may be why can’t Facebook, Twitter, etc. be sued because of the content posted on their…
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Thursday February 3, 2022 By: Jeff Eberhard
Airbnb and Hot Tub Liability: Read This Before Your Next Vacation
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode Abby…
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Wednesday February 2, 2022 By: Jeff Eberhard
Personal Lines in Oregon and Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson as they discuss significant personal lines cases of 2021 in Oregon and Washington with a focus on the impact these cases will have on personal lines claims management. Webinar Available On-Demand Enter your email…
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Wednesday January 26, 2022 By: Josh Hayward
Silence Isn’t Always Golden: When do Insurers Have a Duty to Remind Their Insured of Their Subrogation Rights?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Josh Hayward: It is not often the case that a person or entity can gain or lose rights by simply remaining silent. There are, however, times when…
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Tuesday January 25, 2022 By: Josh Hayward
Oregon Product Liability Law
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Sean Conner as they share their expertise and experience with product liability cases in Oregon. Webinar Available On-Demand Enter your email below to request more information on this webinar. > Why Watch…
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Thursday January 20, 2022 By: Josh Hayward
Recent Posts
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