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Oregon
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
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
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