Practice Area
General Litigation
Savings Clauses as Life Savers: How to Resuscitate a Contract
Legal Alert
From the Desk of Josh Hayward:   Agreements to Arbitrate are common in contracts, as arbitration is often favored over more expensive litigation. Often, one of the two parties to the contract do not want to be bound by the…
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Tuesday August 16, 2022 By: Josh Hayward
When Words Count: Terms of Art in Unjust Enrichment and Trespass Claims
Legal Alert
From the Desk of Melanie Rose: Legal terminology is important when a court is interpreting statutes and case law. Words like “damage”, “intentional”, and “confer a benefit” are all terms of art in the legal field. Often, decisions made by…
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Wednesday August 10, 2022 By: Melanie Rose
Claiming an Incorrect PIP Offset Does Not Bring a UM Insurer Out of ORS 742.061(3) “Safe Harbor”
Legal Alert
From the Desk of Cliff Wilson:  Oregon Courts will deny a claim for attorney fees under ORS 742.061 in UM/UIM claims if the insurer timely accepts coverage and consents to binding arbitration on the issues of liability and the amount…
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Friday July 22, 2022 By: Cliff Wilson
Delays Have Dangerous Ends
Legal Alert
From the Desk of Partner Gordon C. Klug: When William Shakespeare wrote that line, he may as well have had Washington’s substitute service statute in mind. In an unpublished opinion, a Washington Court of Appeal looked at a Plaintiff’s month-long…
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Wednesday June 29, 2022 By: Gordon Klug
Statutes of Limitations: The Importance of Knowing When a Cause of Action Accrues
Legal Alert
From the Desk of Partner Gordon C. Klug:   The statute of limitations protects defendants from long-dormant claims that could cause injustice and cruelty to them. On the other hand, to avoid any injustice to a plaintiff, he or she…
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Thursday June 9, 2022 By: Gordon Klug
“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
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
Spoiler Alert: Washington Court of Appeals Rules Spoliation Combined With Discovery Violations Are Sanctionable by Default Judgment
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Brian Schiewe: In Washington, the harshest discovery sanctions are reserved for the most egregious conduct. In an attempt to balance the need to deter violations with a…
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Thursday March 17, 2022 By: Brian Schiewe
Spoiler Alert! Spoliation Combined with Discovery Violations Are Sanctionable by Default Judgment
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 Partner…
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Wednesday March 16, 2022 By: Brian Schiewe
Washington Court of Appeals Issues Important Decision on Arbitration Agreements in Elder Care Setting
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Partner Gordon C. Klug:   Chances are you have come across an arbitration agreement and have signed it without considering what it really means. Often people don’t…
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Wednesday March 9, 2022 By: Gordon Klug
Washington Court of Appeals Issues Important Decision on Arbitration Agreements in Elder Care Setting
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 Partner…
Read more »
Tuesday March 8, 2022 By: Gordon Klug
Did the Trial Court Err When it Refused to Give the Substantial Factor Jury Instruction?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Josh Hayward: In a negligence case a plaintiff must prove causation through either a “but for” or a “substantial factor” test. The latter is used where there…
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Wednesday March 2, 2022 By: Josh Hayward
Did the Trial Court Err When it Refused to Give the Substantial Factor Jury Instruction?
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 Partner…
Read more »
Wednesday March 2, 2022 By: Josh Hayward
Au Contraire: Even the Smallest Contradictions in Deposition Testimony Can Make or Break a Case
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 Partner…
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Wednesday February 23, 2022 By: Brian Schiewe
Au Contraire: Even the Smallest Contradictions in Deposition Testimony Can Make or Break a Case
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Brian Schiewe:   Contradictions, big or small, can make or break a case. In this case, defendant King County prevailed on its summary judgment motion by highlighting…
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Tuesday February 22, 2022 By: Brian Schiewe
It’s All in The Fine Print – Are Arbitration Clauses Unconscionable and Do They Apply Retroactively?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Gordon C. Klug: Contracts are the glue that keeps our modern society from falling into chaos. Contracts are also only as good as our society’s willingness to…
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Wednesday February 16, 2022 By: Gordon Klug
It’s All in The Fine Print – Are Arbitration Clauses Unconscionable and Do They Apply Retroactively?
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 Partner…
Read more »
Tuesday February 15, 2022 By: Gordon Klug
Silence Isn’t Always Golden: When do Insurers Have a Duty to Remind Their Insured of Their Subrogation Rights?
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 Abby…
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Wednesday January 19, 2022 By: Josh Hayward
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