Practice Area
Dram Shop
Webinar
Smith Freed Eberhard Partners Jeff Eberhard and Bill Taaffe discuss major cases of the past year in Oregon, with a focus on Commercial Lines claims management during this one hour presentation. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on Commercial Lines claims management. This…
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Thursday November 19, 2020 By: Jeff Eberhard
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
White Paper
  Whether or not you viewed our webinar, Discovery in the Information Age, you'll want to download our complimentary cheat sheet that summarizes the key takeaways from the webinar about how you can better use technology to more effectively defend and settle your claims. Enter your email below to request the handout. Download the HandoutBe In The KnowBut Know We Have…
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Tuesday November 26, 2019 By: Jeff Eberhard
White Paper
Whether or not you viewed our webinar, Straight Up Truth – Liquor Liability and Litigation Strategies in Oregon, you'll want to download our complimentary best practices guide that gives you questions to ask when investigating liquor liability claims. It also includes the 50 Signs of Intoxication as defined by the OLCC.​ Enter your email below to request the handout: Download…
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Tuesday November 26, 2019 By: Jeff Eberhard
Legal Alert
Oregon Case Law Update: Disturbing Court of Appeals Decision Reversed - Oregon Supreme Court Reaffirms That Restaurants and Taverns Do Have Immunity For “First Party” Claims of Over-Service of Alcohol. From the Desk of Jeff Eberhard: In 2017, the Oregon Court of Appeals sent shockwaves through the hospitality industry when it held that a section of Oregon’s liquor liability statute was…
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Thursday April 4, 2019 By: Jeff Eberhard
Webinar
Smith Freed Eberhard Partner Bill Taaffe discusses major cases of the past year in Oregon. In this one hour presentation, Bill focuses on the following cases: (OR) Case affecting the discoverability of physician-patient communications. (OR) Cases enforcing the complicity doctrine in liquor liability lawsuits. (OR) Case limiting the scope of Oregon’s elder abuse statute as it pertains to insurance companies.…
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Thursday November 8, 2018 By: William Taaffe
Legal Alert
Court of Appeals Confirms Stance on Complicity Doctrine in Case Involving a Passenger Injured by Intoxicated Driver From the Desk of Jeff Eberhard: Recently, in Mason v. BCK Corporation, 292 Or App 580 (2018), the court held that an injured plaintiff could not recover against a bar because the plaintiff was unable to demonstrate that he did not “substantially contribute”…
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Thursday August 30, 2018 By: Jeff Eberhard
Legal Alert
Court of Appeals Enforces the Complicity Doctrine in Liquor Liability Suits: Holds Passenger May Not Sue Bar Claiming Over Service to Driver From the Desk of Jeff Eberhard: Claims against bars, taverns and even social hosts come in several varieties, one of which occurs when an intoxicated driver is involved in an accident causing injuries to the passenger.  But if the…
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Thursday August 9, 2018 By: Jeff Eberhard
Legal Alert
Washington Case Law Update: Bar Owner Brings Suit against Police Alleging Harassment of Patrons and Staff From the desk of Kyle D. Riley: Taverns and bars are subject to routine inspections and monitoring by police officers and other government officials; however, if those officers conduct multiple inspections in a day and have a history of arresting patrons and employees, will a…
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Thursday July 19, 2018 By: Kyle Riley
Legal Alert
Oregon Appellate Update: Oregon Supreme Court Grants Review in Two Important Cases - Tort Cap and Dram Shop From the Desk of Jeff Eberhard: On November 1, 2017, the Oregon Court of Appeals issued two separate decisions, both of which have a significant impact on the insurance industry and defense of claims.  Recently, the Oregon Supreme Court issued orders accepting review…
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Thursday May 24, 2018 By: Jeff Eberhard
Legal Alert
Oregon Case Law Update: Patron Not Prohibited from Filing Third Party Complaint Against Alcohol Provider From the Desk of Jeff Eberhard:  A few months ago, the Oregon Court of Appeals held that ORS 471.565(1), which prevents a patron who voluntarily consumed alcohol from bringing suit against the alcohol provider, to be unconstitutional in the context of a social host. [See…
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Wednesday April 18, 2018 By: Jeff Eberhard
Webinar
Smith Freed Eberhard Managing Partner Jeff Eberhard and Partner Bill Taaffe discuss what you need to know about liquor liability in Oregon, including several Oregon Supreme Court decisions: How Oregon’s Dram Shop Statute Limits Liability Impact of New Court Opinions on Liquor Liability Elements Plaintiff Must Prove In Third Party Claims Effect of Plaintiff Socializing with Intoxicated Driver Court Opinions that…
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Friday September 9, 2016 By: Jeff Eberhard
Legal Alert
From the Desk of Jeff Eberhard: For a social host or tavern to be liable under Oregon’s Dram Shop statute for injuries resulting from a patron or guest consuming alcohol, the patron or guest must have been “served or provided” alcohol while visibly intoxicated.  In the following case, the Oregon Supreme Court was tasked with determining the meaning of the…
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Thursday May 12, 2016 By: Jeff Eberhard
Legal Alert
From the desk of Jeff D. Eberhard: Approximately one year ago, we notified you of an important change to Oregon’s liquor liability law in the Oregon Court of Appeals’ decision in Deckard v. Bunch, 267 Or App 41 (2014). As soon as the Court of Appeals’ decision came down, my team and I started working immediately to overturn this case.…
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Thursday March 24, 2016 By: Jeff Eberhard
Webinar
Smith Freed Eberhard Partner Cliff Wilson and Partner Josh Hayward as they review the legislative cases that have had the most significant impact on Oregon insurance law in 2015. Josh and Cliff will provide an overview of these cases, explain how they most impact Oregon law, and give pointers and tips on how claims professionals can apply these legal changes…
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Monday February 1, 2016 By: Cliff Wilson
Legal Alert
From the desk of Jeffrey D. Eberhard: In a dram shop claim, the injured plaintiff sues the person or business who served alcohol to the person that harmed the plaintiff. In the following dram shop case, the Oregon Supreme Court answered the following important question: Is it always foreseeable that giving someone alcohol will make that person more violent? Claims…
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Thursday December 3, 2015 By: Jeff Eberhard
Legal Alert
From the desk of Jeffrey D. Eberhard: It is a bedrock principle of premises liability law that businesses and individuals alike owe a duty to protect customers and guests from foreseeable harm, which may also include harm from foreseeable criminal conduct. In the following case, the Oregon Court of Appeals examined whether a fraternity could have reasonably foreseen that one…
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Thursday November 5, 2015 By: Jeff Eberhard
Legal Alert
From the desk of Jeff Eberhard: A recent Court of Appeals decision addressed one of the seminal issues for dram shop litigation: is it foreseeable to tavern owners that serving a visibly intoxicated person, who is a first time customer, may cause an unreasonable risk of violent conduct Claims Pointer: In order to show violence resulted from an establishment negligently…
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Friday June 20, 2014 By: Jeff Eberhard
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