Practice Area
Construction Development
Podcast
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 - The Briefing 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…
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Thursday May 27, 2021 By: Gordon Klug
Legal Alert
Listen to our Legal Alerts on the following platforms: Listen on Apple Podcasts Listen on Spotify Listen on SoundCloud 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 RCW, a plaintiff must provide substantial evidence that is sufficient…
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Tuesday May 25, 2021 By: Gordon Klug
Legal Alert
From the desk of Mike Staskiews: A contractor may be able to escape liability for a breach of contract due to construction defects, if the contractor proves the defects were caused by the owner’s own defective plans or specifications. This affirmative defense can shield the contractor from all liability. Therefore, the contractor carries the burden to prove that the defects…
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Wednesday October 28, 2020 By: Michael Staskiews
Legal Alert
From the desk of Mike J. Staskiews: It is no secret that major public works projects come with major potential for safety risks and hazards. Contractors strive to protect the health and wellbeing of their workers and the general public alike. Unfortunately, things can slip through the cracks which, if not remedied within a certain period of time, can result…
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Wednesday August 26, 2020 By: Michael Staskiews
Legal Alert
From the desk of Jeff Eberhard: Hear Ye Hear Ye! Read all about it. The Oregon Supreme Court has issued a landmark opinion addressing once and for all a topic of heated debate between Oregon’s plaintiff and defense bars. No matter the side, plaintiff or defendant, attorneys will agree that parties who can prove they were injured by a defendant’s…
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Monday August 17, 2020 By: Jeff Eberhard
Legal Alert
From the desk of Gordon C. Klug: It should come as no surprise that a lawyer is prohibited from representing a new client where that new client’s interests are adverse to the interests of a former client and the matters are closely related. From a business standpoint, lawyers are also well-served to avoid these scenarios; especially in the case of…
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Wednesday August 12, 2020 By: Gordon Klug
Legal Alert
From the desk of Jeff Eberhard: Plaintiffs have an interest in being able to bring lawsuits to recover for damages they believe were caused by a defendant. Defendants have a countervailing interest in ensuring that they are not forever exposed to a potential claim. The legislature’s answer to protecting both of these interests? Statutory time limitations within which a plaintiff must bring their claim following an injury or damaging…
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Thursday July 16, 2020 By: Jeff Eberhard
Legal Alert
From the desk of Cliff J. Wilson: A Plaintiff’s unpreparedness for trial does not constitute a free pass to postpone trial once it has been set.  In this case, the Oregon Court of Appeals addressed a scenario where a plaintiff attempted to postpone trial into the following year due to a pending mental health crisis.  The trial court’s denial of his motion…
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Thursday April 16, 2020 By: Cliff Wilson
Legal Alert
From the desk of Thomas McCurdy: Since our first days as law school students in torts class, the elements of negligence have held strong: duty, breach, causation, and damages. Without evidence to create a question of material fact as to each of these elements, negligence claims can be resolved at summary judgment.  However, as we are reminded in this recent opinion…
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Thursday April 9, 2020 By: Thomas McCurdy
Award & Recognition
Smith Freed Eberhard is proud to announce that 3 of our attorneys have been recognized as 2020 Super Lawyers and Rising Stars. Each year, Super Lawyers selects attorneys through a multi-phase selection process based on peer nominations, evaluations and independent research. Only 5% of the total lawyers in each state are selected to this list. Congratulations to the following Smith…
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Thursday February 20, 2020 By: Firm Authorship
Award & Recognition
Smith Freed Eberhard is proud to announce that 8 of our attorneys were selected to the 2019 Super Lawyers and Rising Stars lists. Each year, Super Lawyers selects attorneys through a multi-phase selection process based on peer nominations, evaluations and independent research. Only 5% of the total lawyers in each state are selected to this list. Congratulations to the following…
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Monday December 30, 2019 By: Firm Authorship
Success Story
Claims Alleged: Personal Injury Injuries Alleged: Quadriplegia Amount Claimed: $18,000,000 The Background Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered a quadriplegic. When the injured worker sued the contractor for his injuries, the contractor sought coverage from its insurer. Coverage was denied due to a subcontractor exclusion…
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Friday December 20, 2019 By: Firm Authorship
Success Story
SFE Attorney: Cliff Wilson City, Co., State: Yakima County Superior Court Washington Claims Alleged: Strict Liability: Property Damage Amount Claimed: $50,000 The Overview Smith Freed Eberhard partner Cliff Wilson was hired by an insurer to pursue a subrogation action against an owner and a residential developer. By successfully arguing a strict liability theory, Cliff obtained the full requested award at…
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Friday December 20, 2019 By: Cliff Wilson
Award & Recognition
Congratulations to our team and attorneys! Smith Freed Eberhard is very excited to have six of our attorneys selected for the Best Lawyers© list and have our firm recognized as well. It is a significant honor to be nominated to the list as the purpose is to capture leading attorneys from tens of thousands of peer-reviews. Attorneys that make the final cut…
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Thursday November 21, 2019 By: Firm Authorship
Award & Recognition
Best Law Firm In America 2020 U.S. NewsBest Law Firm In AmericaRegional rankings: Portland-OR Gold Badges Tier 1 in Insurance Law Gold Badges Tier 1 in Personal Injury Litigation - Defendants Silver Badges Tier 2 in Construction Law Silver Badges Tier 2 in Employment Law - Individuals Silver Badges Tier 2 in Employment Law - Management Silver Badges Tier 2…
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Thursday November 21, 2019 By: Firm Authorship
Success Story
In a recent victory, Smith Freed Eberhard skillfully maneuvered around challenging facts to secure a favorable jury verdict on behalf of our clients. The Background This case is all about septic systems. SFE’s client owned a mobile home park in Vancouver, Washington that was sold to a private party as an investment property. Each lot was serviced by a separate septic…
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Friday February 8, 2019 By: Paul Sheely
Legal Alert
Washington Case Law Update: Determining Whether Communications Between Attorneys Constitute a Settlement Agreement From the desk of Kyle D. Riley: Attorneys representing their respective clients often engage in email, telephone and in-person discussions to reach a settlement agreement.  But which statements by counsel are sufficient to constitute a binding settlement agreement? Read on to find out. Claims Pointer: In this case…
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Thursday August 16, 2018 By: Kyle Riley
Webinar
Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Partner Bill Taaffe as they provide a historical overview of the statutory noneconomic damages cap and discuss the future of the cap following recent landmark decisions by the Oregon Court of Appeals.  In this hour-long Webinar presentation, Jeff and Bill will discuss: The history of the statutory cap on noneconomic damages;…
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Thursday January 11, 2018 By: Jeff Eberhard
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