Practice Area
General Litigation
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…
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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
Double Jeopardy: Can Contempt of Court in a Civil Case Also be a Crime?
Legal Alert
From the Desk of Jeff Eberhard: There are a few legal doctrines that everyone knows of such as Miranda warnings, the right to counsel, and double jeopardy. While everyone may know of these legal doctrines, their nuances can be confusing.…
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Thursday November 11, 2021 By: Jeff Eberhard
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…
Read more »
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
Recent Posts
  • Jeremy Miller, Kyle Ellison, and Steven Gassert Promoted to Senior Associate Attorneys Please join us in congratulating Jeremy Miller, Kyle Ellison, and…
  • Melanie Gillette Promoted to Partner Please join us in congratulating Melanie Gillette on being named…
  • Veronica Wells Joins Smith Freed Eberhard as Associate Attorney Please join us in welcoming Veronica Wells! Veronica Wells is…