Practice Area
Commercial Liability Defense
Premises Liability: Oregon Expands the Application of Comparative Fault
Legal Alert
From the desk of Sean Conner: In Oregon, in matters involving premises liability, it is common for a defendant to raise the affirmative defense of comparative fault and argue that a plaintiff’s recovery should be reduced, at least in part,…
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Thursday July 29, 2021 By: Sean Conner
Limitless: How are Statutes of Limitations Tolled When the Cause of Action is Concealed?
Legal Alert
From the desk of Bill Taaffe: The purpose of statutes of limitations is to prevent potential defendants from being subject to unfair prosecution or other legal action, due to the simple fact that, after the passing of many years, relevant…
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Monday July 5, 2021 By: William Taaffe
The Briefing: Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
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 Cliff…
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Wednesday June 16, 2021 By: Cliff Wilson
The Briefing: Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence
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, Gordon…
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Thursday May 27, 2021 By: Gordon Klug
Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Gordon C. Klug: To prevail on a claim of wrongful citation for violation of regulations under Washington’s Industrial Safety and Health Act of 1973 (“WISHA”), ch. 49.17.73…
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Tuesday May 25, 2021 By: Gordon Klug
Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Jeff Eberhard: In Oregon, workers’ compensation is an exclusive remedy against an employer, which means the employee cannot pursue civil litigation against that employer. Therefore, knowing how…
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Wednesday May 19, 2021 By: Jeff Eberhard
The Briefing: Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
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, Justin…
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Wednesday May 19, 2021 By: Jeff Eberhard
The Briefing: Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
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, Justin…
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Thursday May 13, 2021 By: Jeff Eberhard
Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Jeff Eberhard: The Washington Supreme Court granted direct review (i.e., bypassing the court of appeals) on a claim of injury due to a pit bull. There were…
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Monday May 10, 2021 By: Jeff Eberhard
The Briefing: Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
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 the first episode, Justin…
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Thursday May 6, 2021 By: Brian Schiewe
Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Brian Schiewe: In Washington, a person usually does not have a duty to control another’s behavior. There are few scenarios where someone can be found liable for…
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Monday April 19, 2021 By: Brian Schiewe
Oregon Supreme Court Says an Insurer’s Duty to Defend Cannot be Contracted Away.
Legal Alert
From the desk of Josh Hayward: Side agreements to insurance policies sometimes occur and can potentially have the effect of shifting responsibility for liability back onto the policyholder. The Oregon Supreme Court just addressed what impact these side agreements can…
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Tuesday April 13, 2021 By: Josh Hayward
Washington Commercial Lines – Year in Review
Webinar
Smith Freed Eberhard partners Kyle Riley and Gordon Klug discuss significant cases of the past year in Washington, with a focus on commercial lines claims management. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic…
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Friday April 2, 2021 By: Kyle Riley
Can a School District Escape Liability for a Student’s Death?
Legal Alert
From the desk of Tom McCurdy: Last year the Washington Court of Appeals issued an opinion that addressed when a school district can be held liable for the injury or death of its students. The school district petitioned the Washington…
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Tuesday March 30, 2021 By: Thomas McCurdy
ZOMBIE LAW – Who Can Sue for Tortious Interference With a Dead Body?
Legal Alert
From the desk of Gordon C. Klug: Washington has recognized a cause of action for tortious interference with a dead body for over 100 years. This tort allows plaintiffs to pursue compensation for the emotional distress they suffer after learning…
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Tuesday March 30, 2021 By: Gordon Klug
Killed While Committing a Felony – What Proof is Required to Escape a Wrongful Death Suit?
Legal Alert
From the desk of Thomas McCurdy: Washington provides a complete defense for personal injury or wrongful death lawsuits when the person injured (or killed) was committing a felony at the time of injury. But to be provided this defense, must…
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Wednesday March 17, 2021 By: Thomas McCurdy
Sticker Shock – Did a Typo Cost Toyota $36,000 for Violating Washington’s Consumer Protection Act?
Legal Alert
From the desk of Kyle Riley:  To prevail on a private claim under Washington’s Consumer Protection Act (“CPA”), a plaintiff must establish that a company engaged in an unfair or deceptive act or practice. At times, lower courts in Washington…
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Wednesday March 10, 2021 By: Kyle Riley
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