Practice Area
Jobsite Injury
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 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 broadly Oregon courts interpret which injuries are covered by workers’…
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Wednesday May 19, 2021 By: Jeff Eberhard
Podcast
Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability - 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 firm news. In this week's episode, Justin Wickizer, Director of Legal…
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Wednesday May 19, 2021 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
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
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
Legal Alert
Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation From the Desk of Ryan McLellan: Oregon’s $500,000 noneconomic damages cap purports to limit the amount of noneconomic damages a plaintiff can recover. One purported exception, which has long been advocated for by plaintiff’s counsel in an attempt to…
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Thursday April 25, 2019 By: Ryan McLellan
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
Washington Case Law Update: Jobsite Owner Not Entitled to Reduce Liability by Allocating Fault From the desk of John Kreutzer: As with many other states, Washington law allocates fault among all entities that caused the claimant’s damages. But when one of those entities has a nondelegable duty to maintain a safe workplace, is allocation of fault still available? Read on…
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Thursday March 30, 2017 By: William Taaffe
Webinar
Smith Freed Eberhard Partner, Bill Taaffee and Partner, Tom McCurdy discuss how the changing landscape of retail could affect you and your claims handling. In this one hour presentation Bill and Tom discuss: Legal standards for claims against retail stores in Oregon and Washington Best practices for managing and evaluating claims against Oregon and Washington retailers Holiday shoppers who slip,…
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Tuesday December 20, 2016 By: William Taaffe
Legal Alert
Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability From the desk of Smith Freed Eberhard: Oregon’s Employer Liability Law (“ELL”) imposes nearly strict liability for owners, contractors, and subcontractors who are responsible for work involving a risk or danger.  This liability can extend to a subcontractor’s employee’s “indirect employer” (i.e., a general…
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Thursday August 25, 2016 By: Firm Authorship
Legal Alert
  Oregon Case Law Update: High-Low Settlement Agreements Do Not Necessarily Resolve Dispute From the desk of Jeff Eberhard: A high-low settlement agreement is a settlement in which the settling defendant agrees to pay a minimum amount and the plaintiff agrees to accept a maximum amount regardless of the outcome at trial.  In this case, a non-settling defendant sought to…
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Tuesday August 2, 2016 By: Jeff Eberhard
Legal Alert
  From the desk of Jeff Eberhard: Normally, the Workers’ Compensation Act is a worker’s exclusive remedy for injuries sustained while on the job.  However, the Act provides an exception for circumstances where the employer deliberately causes injury to the worker.  How broad is this exception?  Read on to find out. Claims Pointer: In this case involving an on-the-job injury,…
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Thursday June 23, 2016 By: Jeff Eberhard
Legal Alert
From the Desk of Kyle D. Riley:  In the vast majority of cases, whether a person was negligent is an issue of fact for the jury.  There is the rare occasion, however, on which a trial court will grant summary judgment for a plaintiff after determining a defendant was negligent as a matter of law.  In the following case, the…
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Thursday June 9, 2016 By: Kyle Riley
Success Story
Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered 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 in the insurance contract, and an $18,000,000 judgment was entered against the contractor.…
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Friday June 26, 2015 By: Firm Authorship
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