Location
Washington
What Risks Are Assumed in Construction Work and When Can It Bar Recovery?
Legal Alert
From the Desk of Kyle Riley: A plaintiff’s recovery can be barred if the plaintiff consents to the risks of a specific hazard before encountering that hazard. In this case before the Washington Court of Appeals, defendant Spee West claimed…
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Monday October 3, 2022 By: Kyle Riley
Time’s Up: Washington Rules Some Nonretroactive Insurance Policies Unenforceable
Legal Alert
From the Desk of Partner Gordon C. Klug:   Insurance companies are typically free to contract to limit the liabilities covered by their policies. However, Washington courts will not enforce an insurance policy if it violates public policy. Recently, the…
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Monday September 19, 2022 By: Gordon Klug
Maintaining Safe Workplaces: Whose Duty Is It?
Legal Alert
From the Desk of Partner Gordon C. Klug: Developing your land or contracting for someone to work your land can often be a large undertaking. When you hire a general contractor, and they begin hiring subcontractors it can quickly become…
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Wednesday August 31, 2022 By: Gordon Klug
When Words Count: Terms of Art in Unjust Enrichment and Trespass Claims
Legal Alert
From the Desk of Melanie Rose: Legal terminology is important when a court is interpreting statutes and case law. Words like “damage”, “intentional”, and “confer a benefit” are all terms of art in the legal field. Often, decisions made by…
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Wednesday August 10, 2022 By: Melanie Rose
Washington Supreme Court Asked to Recognize an Exception to the Learned Intermediary Doctrine
Legal Alert
From the Desk of Gordon C. Klug: The learned intermediary doctrine has been a part of Washington law since its adoption in 1978. This doctrine protects manufacturers of prescription drugs from liability as long as the manufacturers adequately warn the…
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Monday August 1, 2022 By: Gordon Klug
One Defendant’s Negligence is Another Defendant’s Treasure
Legal Alert
From the Desk of Brian Schiewe: Proximate cause is an essential element to a negligence claim and can be hard to prove in asbestos-related cases. Thus, the jury instructions on causation are extremely important in making, or from a defendant’s…
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Monday July 11, 2022 By: Brian Schiewe
Delays Have Dangerous Ends
Legal Alert
From the Desk of Partner Gordon C. Klug: When William Shakespeare wrote that line, he may as well have had Washington’s substitute service statute in mind. In an unpublished opinion, a Washington Court of Appeal looked at a Plaintiff’s month-long…
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Wednesday June 29, 2022 By: Gordon Klug
Treble in the Insurance World: Noneconomic Damages and Actual Damages
Legal Alert
From the Desk of Brian Schiewe: In Washington, under the Insurance Fair Conduct Act (“IFCA”), insureds can recover any “actual damages” sustained from the unreasonable denial of a claim. The “actual damages” may also be trebled if the court believes…
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Friday June 17, 2022 By: Brian Schiewe
Statutes of Limitations: The Importance of Knowing When a Cause of Action Accrues
Legal Alert
From the Desk of Partner Gordon C. Klug:   The statute of limitations protects defendants from long-dormant claims that could cause injustice and cruelty to them. On the other hand, to avoid any injustice to a plaintiff, he or she…
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Thursday June 9, 2022 By: Gordon Klug
Billion Dollar Bust
Success Story
Claims Alleged: Insurance Bad Faith, CPA Violations, Class Action Damages Alleged: Property Damage, Attorney Fees, Treble Damages, Class Action Civil Penalties Admitted Liability: No The Overview: It’s not every day that an opposing attorney tells you he thinks his case…
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Thursday June 2, 2022 By: Cliff Wilson
What is Deception and When Does It Cause Injury?
Legal Alert
From the Desk of Partner Gordon C. Klug:  The Washington Consumer Protection Act (“CPA”) was enacted to protect consumers from “unfair and deceptive acts or practices” occurring in trade or commerce. While a plaintiff does not have to prove an act…
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Wednesday May 18, 2022 By: Gordon Klug
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
Contractors in Washington, Don’t Lose Your Right to Sue. Get Registered Before You Work.
Legal Alert
From the Desk of Gordon C. Klug:   In Washington, contractors that are not properly registered are unable to pursue an action against their client for compensation. In this case, the plaintiff was working on a project for the defendant…
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Tuesday March 29, 2022 By: Gordon Klug
The Dangers of Covenant Judgments: Insurers Must Typically Show Fraud or Collusion to Reverse a Determination of Reasonableness
Legal Alert
From the Desk of Kyle Riley: In Washington, an insured and a claimant can settle claims by agreeing to a covenant judgment without the approval of the insurer in exchange for a release from liability and assignment of potential bad…
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Tuesday March 29, 2022 By: Kyle Riley
Passion and Prejudice: When an Appellate Court Can Hold a Jury’s Verdict as Excessive
Legal Alert
From the Desk of Ashley Nagrodski: The bedrock of our justice system is a trial by jury. When an appellate court reviews a jury verdict, its power to overturn the verdict is very limited. The appellate court must only serve…
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Tuesday March 29, 2022 By: Ashley Nagrodski
Pre-litigation Bad Faith Conduct Leaves Losing Party Fronting the Bill
Legal Alert
From the Desk of Kyle Riley: The American rule has long held that each party must bear its own litigation fees and costs. This rule was instituted so that no party would be dissuaded to pursue or defend a claim…
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Thursday March 24, 2022 By: Kyle Riley
Spoiler Alert: Washington Court of Appeals Rules Spoliation Combined With Discovery Violations Are Sanctionable by Default Judgment
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Brian Schiewe: In Washington, the harshest discovery sanctions are reserved for the most egregious conduct. In an attempt to balance the need to deter violations with a…
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Thursday March 17, 2022 By: Brian Schiewe
Spoiler Alert! Spoliation Combined with Discovery Violations Are Sanctionable by Default Judgment
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 16, 2022 By: Brian Schiewe
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