Practice Area
General Litigation
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…
Read more »
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
Qualified for Recreational Use Immunity? You May Still be Liable
Legal Alert
From the desk of Ashley Nagrodski: Washington has a recreational use immunity statute that shields landowners from liability for injuries that occur on their property. However, there is an exception to this immunity which means a qualifying defendant may still…
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Thursday January 7, 2021 By: Firm Authorship
“Cancel Culture” – Not in Oregon! At Least When it Comes to Insurance Policies: Two Insurance Companies Fined
Legal Alert
From the Desk of Jeff Eberhard: Oregon issued civil penalties against two insurance companies for violating emergency orders related to COVID-19. What did these insurance companies do to deserve these fines? Claims Pointer: Allstate and Root Insurance Companies were fined…
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Wednesday December 16, 2020 By: Jeff Eberhard
Is a Driver Responsible for an Auto Accident if They Lose Consciousness Behind the Wheel?
Legal Alert
From the desk of Thomas McCurdy: Generally, if a driver loses consciousness and causes an auto accident, they are not held liable. The driver can be held liable, however, if they were aware that there was a possibility they could…
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Tuesday December 1, 2020 By: Thomas McCurdy
When to Fight Back with a Counterclaim
Success Story
Claims Alleged:         False Imprisonment; Assault and Battery; and Intentional Infliction of Emotional Distress Injuries Alleged:       Concussion; Nasal Fracture; Facial Contusions and Abrasions; and Emotional Distress Admitted Liability:    No Amount Claimed:       $995,000 The Overview: Managing Partner at…
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Thursday November 19, 2020 By: Jeff Eberhard
Oregon Court of Appeals Confirms that Plaintiffs Have the Burden to Prove Damages Should be Allocated in Multiple Accident Scenarios
Legal Alert
From the desk of Cliff Wilson: The one constant in litigation is that the Plaintiff carries the burden to prove every element of their case.  In complex scenarios, however, sometimes Plaintiffs will argue to push their burden on to the…
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Thursday November 12, 2020 By: Cliff Wilson
New Life Given to Offers to Allow Judgment
Legal Alert
From the desk of Jeff Eberhard: Oregon Rule of Civil Procedure (“ORCP”) 54(E) provides that a defendant may serve an offer on the plaintiff for a judgment that can be entered against the defendant and the plaintiff has the right…
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Tuesday October 13, 2020 By: Jeff Eberhard
Oregon Supreme Court Issues Final Determination – Oregon’s $500,000 Noneconomic Damages Cap is Gone, at Least for Those Not Gone.
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…
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Monday August 17, 2020 By: Jeff Eberhard
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