Practice Area
Commercial Liability Defense
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
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 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
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
Commercial Lines in Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Kyle Riley and Ashley Nagrodski as they discuss significant commercial lines cases from 2021 in Washington with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Enter your email below to…
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Thursday March 10, 2022 By: Kyle Riley
Washington Court of Appeals Issues Important Decision on Arbitration Agreements in Elder Care Setting
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Partner Gordon C. Klug:   Chances are you have come across an arbitration agreement and have signed it without considering what it really means. Often people don’t…
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Wednesday March 9, 2022 By: Gordon Klug
Washington Court of Appeals Issues Important Decision on Arbitration Agreements in Elder Care Setting
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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Tuesday March 8, 2022 By: Gordon Klug
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
Au Contraire: Even the Smallest Contradictions in Deposition Testimony Can Make or Break a Case
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 February 23, 2022 By: Brian Schiewe
Au Contraire: Even the Smallest Contradictions in Deposition Testimony Can Make or Break a Case
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Brian Schiewe:   Contradictions, big or small, can make or break a case. In this case, defendant King County prevailed on its summary judgment motion by highlighting…
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Tuesday February 22, 2022 By: Brian Schiewe
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
Recent Posts
  • Jeremy Miller, Kyle Ellison, and Steven Gassert Promoted to Senior Associate Attorneys Please join us in congratulating Jeremy Miller, Kyle Ellison, and…
  • Melanie Gillette Promoted to Partner Please join us in congratulating Melanie Gillette on being named…
  • Veronica Wells Joins Smith Freed Eberhard as Associate Attorney Please join us in welcoming Veronica Wells! Veronica Wells is…