Send Clear and Unambiguous Written Settlement Tenders or Face the Fees: Oregon Court of Appeals Rejects Ambiguous Email Settlement Offer as ‘Tender’ in ORS 20.080 Cases.
Legal Alert
From the Desk of Cliff J. Wilson: When is a pre-filing settlement offer not really a settlement offer? The Oregon Court of Appeals makes it clear that not all pre-filing settlement offers operate to avoid paying a plaintiff’s attorney fees…
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Thursday May 1, 2025
By: Cliff Wilson
Personal Lines in Oregon and Washington: Recent Case Updates
Webinar
Join Smith Freed Eberhard partners, Josh Hayward and Cliff Wilson, as they provide a basic overview of Oregon and Washington personal lines cases in 2023 and early 2024, including recent developments and real-world examples. View the Recording View the Recording…
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Tuesday June 18, 2024
By: Firm Authorship
Personal Lines in Oregon and Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard partners, Cliff Wilson and Josh Hayward, as they provide a basic overview of Oregon and Washington personal lines cases in 2022 including recent developments and real-world examples. Watch The Recording Watch The Recording Tuesday, April 18th…
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Wednesday April 5, 2023
By: Firm Authorship
Pre-litigation Bad Faith Conduct Leaves Losing Party Fronting the Bill
Legal Alert
From the Desk of Kyle Riley: The American rule has long held that each party must bear its own litigation fees and costs. This rule was instituted so that no party would be dissuaded to pursue or defend a claim…
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Thursday March 24, 2022
By: Kyle Riley
Personal Lines in Oregon and Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson as they discuss significant personal lines cases of 2021 in Oregon and Washington with a focus on the impact these cases will have on personal lines claims management. Watch The Recording Enter your email…
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Wednesday January 26, 2022
By: Josh Hayward
A Costly Miscalculation: Can Multiple Settlement Offers be Aggregated When Awarding Attorney Fees?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Cliff J. Wilson: In Oregon, ORS 20.080 can create big headaches in otherwise low-value cases by giving rise to the award of attorney fees to the plaintiff.…
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Thursday December 2, 2021
By: Cliff Wilson
A Costly Miscalculation: Can Multiple Settlement Offers be Aggregated When Awarding Attorney Fees?
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 Cliff…
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Thursday December 2, 2021
By: Cliff Wilson
Washington Court of Appeals Paves the Road to Costly Attorneys’ Fees in Cases Affecting Title to Real Property – The Briefing
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 August 25, 2021
By: Firm Authorship
A Substantial Benefit Leads to Substantial Fees
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Bill Taaffe: In disputes that require a finding on constitutional grounds, there is the potential for the prevailing party to recover attorney fees. However, when a party…
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Monday July 5, 2021
By: William Taaffe
Oregon Supreme Court Limits the Impact of an Offer to Allow Judgment
Legal Alert
From the desk of Jeffrey D. Eberhard: In certain circumstances, if a plaintiff is successful, they can recover attorney fees. However, ORCP 54 (the offer to allow judgment rule) limits a plaintiff’s recovery of fees to those incurred prior to…
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Thursday February 11, 2021
By: Jeff Eberhard
Oregon Commercial Lines – 2020 Year in Review
Webinar
Smith Freed Eberhard Partners Jeff Eberhard and Bill Taaffe discuss major cases of the past year in Oregon, with a focus on Commercial Lines claims management. Watch The Recording Enter your email below to request more information on this webinar. > Why…
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Thursday November 19, 2020
By: Firm Authorship
When to Fight Back with a Counterclaim
Success Story
Claims Alleged: False Imprisonment; Assault and Battery; and Intentional Infliction of Emotional Distress Injuries Alleged: Concussion; Nasal Fracture; Facial Contusions and Abrasions; and Emotional Distress Admitted Liability: No Amount Claimed: $995,000 The Overview: Managing Partner at…
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Thursday November 19, 2020
By: Jeff Eberhard
Oregon Personal Lines – 2020 Year in Review
Webinar
Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson discuss major Personal Lines cases of the past year in Oregon with a focus on the impact these cases will have on Personal Lines claims management. In this hour-long webinar presentation,…
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Friday October 23, 2020
By: Firm Authorship
