Practice Area
General Litigation
Washington Supreme Court Examines the Use of Racial Bias in a Civil Jury Trial
Legal Alert
From the Desk of Partner Joy Lee: On October 20, 2022, the Washington Supreme Court handed down a decision aimed at addressing the issue of racial bias in a civil courtroom and whether it played a factor in the verdict. …
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Thursday April 20, 2023 By: Joy Lee
Washington Supreme Court Analyzes Coverage in Tunnel Litigation
Legal Alert
From the Desk of Paul Sheely:   In this recent case out of Washington, the Washington Supreme Court decided that coverage was not available for a costly 2-year construction delay in the replacement of the Alaskan Way Viaduct. Claims Pointer:…
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Tuesday January 17, 2023 By: Paul Sheely
Not All Spoliation Spoils A Claim
Legal Alert
From the Desk of Brian Schiewe: Discovery sanctions have become a hot topic in Washington.  Recently, we have seen more instances of trial courts imposing discovery violations in the form of default judgments. Just a couple months ago, I published…
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Wednesday December 14, 2022 By: Brian Schiewe
You’ve Got Mail: Don’t Miss Your Deadlines Because You are Waiting for Mail
Legal Alert
From the Desk of Joshua Hayward: After a mandatory, non-binding arbitration, if a party wants to appeal the arbitrator’s decision, they must file an appeal within 20 days after the arbitrator enters their decision and award with the Court. But…
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Monday October 24, 2022 By: Josh Hayward
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
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 delay to mail notice to a Defendant’s last…
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Wednesday June 29, 2022 By: Firm Authorship
Statutes of Limitations: The Importance of Knowing When a Cause of Action Accrues
Legal Alert
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 can toll the statute of limitations by declaring that…
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Thursday June 9, 2022 By: Firm Authorship
“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
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
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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