When Can a Claimant Sue a Retailer In Lieu of a Product Manufacturer and Who Has The Burden Proof Under the Washington Products Liability Act (“WPLA”)?
Legal Alert
From the Desk of Brian Schiewe: The WPLA limits when a retailer of a product can be sued in lieu of the product’s manufacturer. These statutory conditions generally turn on whether the plaintiff can prove that the chances of collecting…
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Wednesday January 18, 2023
By: Brian Schiewe
Washington Supreme Court Asked to Recognize an Exception to the Learned Intermediary Doctrine
Legal Alert
From the Desk of Gordon C. Klug: The learned intermediary doctrine has been a part of Washington law since its adoption in 1978. This doctrine protects manufacturers of prescription drugs from liability as long as the manufacturers adequately warn the…
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Monday August 1, 2022
By: Gordon Klug
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
What is Deception and When Does It Cause Injury?
Legal Alert
From the Desk of Partner Gordon C. Klug: The Washington Consumer Protection Act (“CPA”) was enacted to protect consumers from “unfair and deceptive acts or practices” occurring in trade or commerce. While a plaintiff does not have to prove an act…
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Wednesday May 18, 2022
By: Gordon Klug
Two Experts, One Reasonable Conclusion: Washington Court of Appeals Grants Summary Judgment Despite Competing Expert Opinions
Legal Alert
From the Desk of Partner Gordon Klug: In general, summary judgment is not appropriate when two experts offer competing evidence. In a product defect case, it is the trier of fact that has to consider the competing evidence and determine…
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Thursday May 12, 2022
By: Gordon Klug
Oregon Product Liability Law
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Sean Conner as they share their expertise and experience with product liability cases in Oregon. Webinar Available On-Demand Enter your email below to request more information on this webinar. > Why Watch…
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Thursday January 20, 2022
By: Josh Hayward
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
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
Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation
Legal Alert
Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation From the Desk of Ryan McLellan: Oregon’s $500,000 noneconomic damages cap purports to limit the amount of noneconomic damages…
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Thursday April 25, 2019
By: Ryan McLellan
Washington Case Law Update: Washington Court Of Appeals Reminds Insurers That Ambiguous Insurance Provisions Must Be Resolved In Favor Of the Insured
Legal Alert
Washington Case Law Update: Washington Court Of Appeals Reminds Insurers That Ambiguous Insurance Provisions Must Be Resolved In Favor Of the Insured From the desk of Jeff Eberhard: In Washington, insurance companies denying coverage are consistently challenged over ambiguous provisions in…
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Thursday January 31, 2019
By: Kyle Riley
Oregon Case Law Update: Oregon Supreme Court Limits the Applicability of Oregon’s Statute of Repose in Product Liability Actions
Legal Alert
Oregon Case Law Update: Oregon Supreme Court Limits the Applicability of Oregon’s Statute of Repose in Product Liability Actions From the Desk of Smith Freed Eberhard: Oregon limits the timeframe for initiating a product liability civil action for personal injury…
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Thursday December 13, 2018
By: Ryan McLellan
2018 – Year In Review – Commercial Lines in Oregon
Webinar
Webinar Available On-Demand Enter your email below to request more information on this webinar. > 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…
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Thursday November 8, 2018
By: William Taaffe
Washington Case Law Update: Manufacturer Has Duty to Warn If Product Required Use of Hazardous Component
Legal Alert
Washington Case Law Update: Manufacturer Has Duty to Warn If Product Required Use of Hazardous Component From the desk of Kyle Riley: Generally, a manufacturer does not have a duty to warn of risks posed by a product that the…
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Thursday April 13, 2017
By: Kyle Riley
Washington Case Law Update: Manufacturers of Medical Supplies Must Warn Purchasers of Potential Risks
Legal Alert
Manufacturers of Medical Supplies Must Warn Purchasers of Potential Risks From the desk of Kyle Riley: Washington’s products liability act requires manufacturers to warn consumers about the risks of their products. But when the manufacturer of a medical device has…
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Thursday March 23, 2017
By: Kyle Riley
Retail Store Liability
Webinar
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Smith Freed Eberhard Partner, Bill Taaffe discusses how the changing landscape of retail could affect you and your claims handling. In this one hour presentation…
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Tuesday December 20, 2016
By: William Taaffe
Oregon Case Law Update: High-Low Settlement Agreements Do Not Necessarily Resolve Dispute
Legal Alert
Oregon Case Law Update: High-Low Settlement Agreements Do Not Necessarily Resolve Dispute From the desk of Jeff Eberhard: A high-low settlement agreement is a settlement in which the settling defendant agrees to pay a minimum amount and the plaintiff…
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Tuesday August 2, 2016
By: Jeff Eberhard
Discovery in the Information Age – Using Technology and Data to More Effectively Defend and Settle Your Claims
Webinar
Smith Freed Eberhard Partner Bill Taaffe demonstrates how you can use technology and data to more effectively defend and settle your claims. Webinar Available On-Demand Enter your email below to request more information on this webinar. > Bill discusses: How…
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Thursday July 21, 2016
By: William Taaffe
