$10 Million Punitive Damages Award Violative of the U.S. Constitution
Legal Alert
From the Desk of Melanie Rose: The U.S. Constitution prohibits a state from depriving a person of life, liberty, or property without due process of law. The U.S. Supreme Court has held that this prohibition is implicated in, and sets…
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Monday August 19, 2024
By: Melanie Rose
Secured Motion to Dismiss: Personal Jurisdiction in RV Collision Case
Success Story
https://youtu.be/SmRLuA4jAi4?si=K2QhBoF401I_54-l&t=1 Claims Alleged: Strict Liability, Negligence, Breach of Implied Warranty of Merchantability and Fitness, Breach of Express Warranty, and Breach of Contract. The Overview: Partner Melanie Rose and her Associate Duncan Campbell recently prevailed on a motion to dismiss due to…
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Monday July 29, 2024
By: Melanie Rose
The Term “Negligence” Is Not Required, but Probably Necessary to Shield Contracting Party from Liability
Legal Alert
From the Desk of Melanie Rose: Contract clauses limiting a party’s tort liability, although generally disfavored, are enforced by Oregon courts when doing so clearly aligns with the intent of the parties. Intent is determined by considering the language of…
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Wednesday July 24, 2024
By: Melanie Rose
Commercial Lines in Oregon and Washington: Recent Case Updates
Webinar
Join Smith Freed Eberhard managing partner Bill Taaffe and partner Kyle Riley as they provide a basic overview of Oregon and Washington commercial cases in 2023 and early 2024 and their impact on commercial lines claims management. View the Recording…
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Tuesday July 9, 2024
By: Firm Authorship
Personal Lines in Oregon and Washington: Recent Case Updates
Webinar
Join Smith Freed Eberhard partners, Josh Hayward and Cliff Wilson, as they provide a basic overview of Oregon and Washington personal lines cases in 2023 and early 2024, including recent developments and real-world examples. View the Recording View the Recording…
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Tuesday June 18, 2024
By: Firm Authorship
Violation of the Oregon Insurance Code Sufficient to Give Rise to First-Party Claim for Emotional Distress Damages
Legal Alert
From the Desk of Melanie Rose: Historically, Oregon courts have limited first-party insurance cases to claims sounding in contract, largely rejecting tort claims in first-party cases absent a special relationship between the carrier and insured that was separate and distinct…
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Wednesday June 5, 2024
By: Melanie Rose
Plaintiff’s Preexisting Medical Condition Does Not Always Require The “Substantial Factor” Jury Instruction
Legal Alert
From the Desk of Josh Hayward: Multiple potential causes exist in many negligence cases. A defendant might argue, for example, that a plaintiff’s alleged injury was caused by the plaintiff’s preexisting condition, and not the defendant’s negligence. Jury instructions can…
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Thursday February 22, 2024
By: Josh Hayward
Negligent Claims Handling & Extracontractual Damages
Webinar
Join Smith Freed Eberhard Partners Melanie Rose and Cliff Wilson as they discuss one of the most significant cases relating to Oregon Insurance law in recent memory, Moody v. Oregon Community Credit Union. This case, which has now been upheld…
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Wednesday February 14, 2024
By: Firm Authorship
Can a Medical Professional be Liable to a Patient’s Caregiver?
Legal Alert
From the Desk of Melanie Gillette: A medical professional owes a duty of care to their patients, but can a medical professional be liable for physical injuries to a third party who is not their patient? Read on for more……
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Tuesday October 10, 2023
By: Melanie Gillette
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. Watch The Recording…
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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. Watch The Recording Watch The Recording 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
