Practice Area
Commercial Liability Defense
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
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
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
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
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
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
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
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
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
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
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
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