Practice Area
General Litigation
Taking a Case to Trial During COVID-19
Success Story
Claims Alleged: Personal Injury/Motor Vehicle Accident Injuries Alleged: Soft Tissue Injuries (Orthopedic) Admitted Liability: No Amount Claimed: $21,000,000 The Overview: Smith Freed Eberhard attorney Gordon Klug recently achieved an exceptional judgment for his client who was deemed to bear a…
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Wednesday September 22, 2021 By: Gordon Klug
Words Heard Beyond the Grave: Washington Appellate Court Determines When a Deceased Party’s Statements Are Admissible
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Gordon C. Klug: States have gone to great lengths to preserve the rules of evidence and to respect a party’s right to be heard. The right to…
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Thursday September 16, 2021 By: Gordon Klug
Words Heard Beyond the Grave: Washington Appellate Court Determines When a Deceased Party’s Statements Are Admissible
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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Thursday September 16, 2021 By: Gordon Klug
The Briefing: Oregon Federal Court Joins Growing List of Courts to Decide Whether Lost Business Income From COVID-19 Closures Are Covered Under Insurance Policies
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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Thursday September 2, 2021 By: Jeff Eberhard
Oregon Federal Court Joins Growing List of Courts to Decide Whether Lost Business Income From COVID-19 Closures Are Covered Under Insurance Policies.
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Jeff Eberhard: When COVID-19 hit, governors took steps to keep the public safe. The Shelter in Place order enacted in Washington State and many other states forced…
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Wednesday September 1, 2021 By: Jeff Eberhard
Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience
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 July 22, 2021 By: Ashley Nagrodski
Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Ashley Nagrodski: These two forms of termination commonly result in different financial consequences for the contractor. This case addresses such an occurrence and illustrates how an entity can…
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Wednesday July 21, 2021 By: Ashley Nagrodski
You Didn’t Start the Fire, but Does that Mean the Insurer has to Pay Out?
Legal Alert
From the desk of Melanie Rose: Oregon denies a plaintiff’s claim for breach of contract related to fire insurance and ultimately grants the insurance company’s motion for summary judgment. Claims Pointer: Here, a defendant insurance carrier investigated a claim related…
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Wednesday July 7, 2021 By: Melanie Rose
A Substantial Benefit Leads to Substantial Fees
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Bill Taaffe: In disputes that require a finding on constitutional grounds, there is the potential for the prevailing party to recover attorney fees. However, when a party…
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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: A Substantial Benefit Leads to Substantial Fees
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 June 2, 2021 By: William Taaffe
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
Don’t Have the Evidence? What Happens if You Pretend To?
Legal Alert
From the desk of Jeff Eberhard: The Oregon Evidence Code provides the rules that determine what evidence will be allowed to be brought into a trial. These rules can be confusing and convoluted at times, which can sometimes leave a…
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Monday March 22, 2021 By: Jeff Eberhard
Too Emotionally Distressed to File a Claim for Emotional Distress? Don’t Worry You May Still Have Time
Legal Alert
From the Desk of Melanie Rose: Plaintiffs do not have endless time to file their legal actions. Rather civil claims are subject to statutes of limitation, which require a lawsuit to be filed within a specified amount of time based…
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Monday February 22, 2021 By: Melanie Rose
Oregon Supreme Court Limits the Impact of an Offer to Allow Judgment
Legal Alert
From the desk of Jeffrey D. Eberhard: In certain circumstances, if a plaintiff is successful, they can recover attorney fees. However, ORCP 54 (the offer to allow judgment rule) limits a plaintiff’s recovery of fees to those incurred prior to…
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Thursday February 11, 2021 By: Jeff Eberhard
Once Again, Oregon Court Holds Foreseeable Harm Must be Broadly Construed
Legal Alert
From the desk of Bill P. Taaffe: In Oregon, to prove negligence, a plaintiff must show the harm he or she suffered was foreseeable.  How one characterizes the harm—i.e., “a head injury” versus just “an injury”—clearly has a significant impact…
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Wednesday January 27, 2021 By: William Taaffe
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