Plead it or Weep: You Can’t Assert a New Theory of Liability in Response to a Motion for Summary Judgment
Legal Alert
From the Desk of Josh Hayward: A motion for summary judgment can be defeated with a showing of a genuine issue of material fact. But can a party bring up new theories of liability—not asserted in the pleadings—in a response…
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Thursday May 18, 2023
By: Josh Hayward
Commercial Lines in Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard Partners, Kyle Riley and Ashley Nagrodski, as they discuss significant commercial lines cases from 2022 in Washington with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Webinar…
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Wednesday May 10, 2023
By: Firm Authorship
Commercial Lines in Oregon – 2022 Year in Review
Webinar
Join Smith Freed Eberhard Managing Partner Bill Taaffe and Partner Melanie Rose as they discuss significant commercial lines cases from 2022 in Oregon with a focus on the impact these cases will have on commercial lines claims management. Webinar On-Demand Webinar…
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Monday April 24, 2023
By: Firm Authorship
Oregon Court of Appeals Rules Special Relationship Required for Purely “Psychic Damages” in Negligence Claims
Legal Alert
From the Desk of Melanie Rose: Recently, the Oregon Court of Appeals was asked to clarify when a plaintiff may recover noneconomic damages in a negligence case when the Plaintiff did not suffer a physical injury. Claims Pointer: In this…
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Wednesday February 1, 2023
By: Melanie Rose
Of Horse and Man: Can a Malnourished Horse Sue Its Owner?
Legal Alert
From the Desk of Josh Hayward: Oregon’s animal welfare laws are some of the most protective statutes in the nation. However, despite the very animal-friendly regulations, Oregon has never recognized an animal as a legal entity with the capacity to…
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Friday January 13, 2023
By: Josh Hayward
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
By Failing to Fully Admit Liability, The Door to Distracted Driving Evidence (Cell Phone Use), May Be Opened
Legal Alert
From the Desk of Jeff Eberhard: Can a defendant admit “responsibility” for “causing the accident” and keep out the fact she was on her cell phone at the time? What if Plaintiff alleges that Defendant who caused a rear-end…
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Monday October 10, 2022
By: Jeff Eberhard
What Risks Are Assumed in Construction Work and When Can It Bar Recovery?
Legal Alert
From the Desk of Kyle Riley: A plaintiff’s recovery can be barred if the plaintiff consents to the risks of a specific hazard before encountering that hazard. In this case before the Washington Court of Appeals, defendant Spee West claimed…
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Monday October 3, 2022
By: Kyle Riley
One Defendant’s Negligence is Another Defendant’s Treasure
Legal Alert
From the Desk of Brian Schiewe: Proximate cause is an essential element to a negligence claim and can be hard to prove in asbestos-related cases. Thus, the jury instructions on causation are extremely important in making, or from a defendant’s…
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Monday July 11, 2022
By: Brian Schiewe
Inherent Risk of a Sports Activity Is Not Always a Slam Dunk Defense
Legal Alert
From the Desk of Jeff Eberhard: When a plaintiff alleges a negligence claim for an injury that arose out of the plaintiff’s voluntary participation in a sports activity, a defendant might want to argue that the injury arose from…
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Tuesday July 5, 2022
By: Jeff Eberhard
“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
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…
Read more »
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
