Don’t Expose Yourself to Liability for the Actions of a Third Party
Legal Alert
From the Desk of Jeff Eberhard: It has been a long-held rule that a plaintiff cannot recover damages for negligent infliction of emotional distress without having suffered some physical injury as well. The exception to this general rule is…
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Wednesday May 4, 2022
By: Jeff Eberhard
Commercial Lines in Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Kyle Riley and Ashley Nagrodski as they discuss significant commercial lines cases from 2021 in Washington with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Enter your email below to…
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Thursday March 10, 2022
By: Kyle Riley
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…
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Wednesday March 2, 2022
By: Josh Hayward
Commercial Lines in Oregon – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Partner Bill Taaffe as they discuss significant commercial lines cases from 2021 in Oregon with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Enter your email…
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Thursday February 24, 2022
By: Jeff Eberhard
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
First-Party Bad Faith in Oregon? Are the Floodgates About to Open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
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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Thursday February 10, 2022
By: Cliff Wilson
First-Party Bad Faith in Oregon? Are the Floodgates About to Open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Cliff Wilson: In the past, Oregon Courts have been reluctant to recognize first-party bad faith claims against insurers, and only allowed tort claims against an insurer in…
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Thursday February 10, 2022
By: Cliff Wilson
Have You or A Loved One Been Exposed to Damages Inconsistent with the Pleading?
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 Melanie…
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Wednesday January 5, 2022
By: Melanie Rose
Have You or A Loved One Been Exposed to Damages Inconsistent with the Pleading?
Legal Alert
From the Desk of Melanie Rose: This product liability case addressed the burden of proof imposed on plaintiffs’ as well as defendants’ responsibility to catch and clarify inconsistencies within the pleadings. In examining this asbestos case, the Oregon Court of…
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Wednesday January 5, 2022
By: Melanie Rose
Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders
Success Story
Claims Alleged: Negligence Injuries Alleged: Concussion; and Property Damage Admitted Liability: No The Overview: Smith Freed Eberhard achieved a great result for our client in Washington State Court when the court granted our client’s Motion to Strike the counterclaims the…
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Wednesday October 13, 2021
By: Narmina Sharifova
COVID-19 in Review: How Emerging Lawsuits Will Impact Future Litigation
Webinar
Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Director of Legal Operations Justin Wickizer as they discuss the new and unique lawsuits we have seen over the last year as a result of the COVID-19 pandemic and the impact…
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Friday July 2, 2021
By: Jeff Eberhard
The Briefing: Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
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 the first episode, Justin…
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Thursday May 6, 2021
By: Brian Schiewe
Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Brian Schiewe: In Washington, a person usually does not have a duty to control another’s behavior. There are few scenarios where someone can be found liable for…
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Monday April 19, 2021
By: Brian Schiewe
Washington Commercial Lines – 2020 Year in Review
Webinar
Smith Freed Eberhard partners Kyle Riley and Gordon Klug discuss significant cases of the past year in Washington, with a focus on commercial lines claims management. Webinar Available On-Demand Enter your email below to request more information on this webinar. >…
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Friday April 2, 2021
By: Kyle Riley
Can a School District Escape Liability for a Student’s Death?
Legal Alert
From the desk of Tom McCurdy: Last year the Washington Court of Appeals issued an opinion that addressed when a school district can be held liable for the injury or death of its students. The school district petitioned the Washington…
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Tuesday March 30, 2021
By: Thomas McCurdy
Killed While Committing a Felony – What Proof is Required to Escape a Wrongful Death Suit?
Legal Alert
From the desk of Thomas McCurdy: Washington provides a complete defense for personal injury or wrongful death lawsuits when the person injured (or killed) was committing a felony at the time of injury. But to be provided this defense, must…
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Wednesday March 17, 2021
By: Thomas McCurdy
