Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders
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…Read more »
COVID-19 in Review: How Emerging Lawsuits Will Impact Future Litigation
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…Read more »
The Briefing: Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
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…Read more »
Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
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…Read more »
Washington Commercial Lines – 2020 Year in Review
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. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic…Read more »
Can a School District Escape Liability for a Student’s Death?
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…Read more »
Killed While Committing a Felony – What Proof is Required to Escape a Wrongful Death Suit?
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…Read more »
Too Emotionally Distressed to File a Claim for Emotional Distress? Don’t Worry You May Still Have Time
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…Read more »
Once Again, Oregon Court Holds Foreseeable Harm Must be Broadly Construed
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…Read more »
Qualified for Recreational Use Immunity? You May Still be Liable
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…Read more »
Is a Driver Responsible for an Auto Accident if They Lose Consciousness Behind the Wheel?
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…Read more »
Top 10 Things to Know About Discovery in the Information Age
Whether or not you viewed our webinar, Discovery in the Information Age, you'll want to download our complimentary cheat sheet that summarizes the key takeaways from the webinar about how you can better use technology to more effectively defend…Read more »
Washington Case Law Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur
Washington Case Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur From the desk of Kyle D. Riley: In personal injury lawsuits alleging negligence, the plaintiff has the burden of…Read more »
2018 – Year In Review – Commercial Lines in Oregon
Smith Freed Eberhard Partner Bill Taaffe discusses major cases of the past year in Oregon. In this one hour presentation, Bill focuses on the following cases: (OR) Case affecting the discoverability of physician-patient communications.(OR) Cases enforcing the complicity doctrine in…Read more »
Oregon Appellate Update: Oregon Supreme Court Grants Review in Two Important Cases -Tort Cap and Dram Shop
Oregon Appellate Update: Oregon Supreme Court Grants Review in Two Important Cases - Tort Cap and Dram Shop From the Desk of Jeff Eberhard: On November 1, 2017, the Oregon Court of Appeals issued two separate decisions, both of which have…Read more »
Washington Case Law Update: Court Rules that Implied Warranty of Habitability Does Not Extend to Tenant’s Guest
Washington Case Law Update: Court Rules that Implied Warranty of Habitability Does Not Extend to Tenant’s Guest From the desk of Kyle D. Riley: Under common law in Washington, landowners may be liable for failure to maintain a safe and habitable…Read more »
Oregon Case Law Update: Patron Not Prohibited from Filing Third Party Complaint Against Alcohol Provider
Oregon Case Law Update: Patron Not Prohibited from Filing Third Party Complaint Against Alcohol Provider From the Desk of Jeff Eberhard: A few months ago, the Oregon Court of Appeals held that ORS 471.565(1), which prevents a patron who voluntarily…Read more »
Diligent Preparation and Spotting Fatal Flaws in the Other Side’s Case Leads to Favorable Outcome
SFE Attorney: Ryan McLellan Plaintiff Attorney: Kathryn A. Hall City, County, State: Jackson County Circuit Court, Oregon Claims Alleged: Injury to Horse (Property Damage) Injuries Alleged: No longer able to carry foal Admitted Liability: No Amount Claimed: $65,000 The Overview…Read more »