Practice Area
Products Liability
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. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on commercial lines claims management. This webinar will prepare…
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Friday April 2, 2021 By: Kyle Riley
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 a plaintiff can recover. One purported exception, which has long been advocated for by plaintiff’s counsel in an attempt to…
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Thursday April 25, 2019 By: Ryan McLellan
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 policies they issue. When provisions are ambiguous, courts have ruled in favor of the insured. When an underinsured motorist policy…
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Thursday January 31, 2019 By: Kyle Riley
Legal Alert
Washington Case Law Update: Washington Supreme Court Adopts the “Apparent Manufacturer” Doctrine in Product Liability Actions Arising Before 1981 From the desk of Tom McCurdy: Washington law permits injured plaintiffs to bring product liability actions against product manufacturers when they are injured as the result of a manufacturing defect. What if a company does not manufacture a product, but holds…
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Thursday December 20, 2018 By: Thomas McCurdy
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 or property damage to ten years from the date of purchase (statute of ultimate repose). In cases where the product…
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Thursday December 13, 2018 By: Ryan McLellan
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 cases: (OR) Case affecting the discoverability of physician-patient communications. (OR) Cases enforcing the complicity doctrine in liquor liability lawsuits. (OR) Case limiting the scope of Oregon’s elder abuse statute as it pertains to insurance companies.…
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Thursday November 8, 2018 By: William Taaffe
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 manufacturer did not itself manufacture or distribute. But where the product either required incorporated hazardous components manufactured by others at…
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Thursday April 13, 2017 By: Kyle Riley
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 provided warning to the product user—the physician—does it also have a duty to warn the hospital that purchased the product?…
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Thursday March 23, 2017 By: Kyle Riley
Webinar
Smith Freed Eberhard Partner, Bill Taaffee and Partner, Tom McCurdy discuss how the changing landscape of retail could affect you and your claims handling. In this one hour presentation Bill and Tom discuss: Legal standards for claims against retail stores in Oregon and Washington Best practices for managing and evaluating claims against Oregon and Washington retailers Holiday shoppers who slip,…
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Tuesday December 20, 2016 By: William Taaffe
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 agrees to accept a maximum amount regardless of the outcome at trial.  In this case, a non-settling defendant sought to…
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Tuesday August 2, 2016 By: Jeff Eberhard
Webinar
Smith Freed Eberhard Partner Bill Taaffe demonstrates how you can use technology and data to more effectively defend and settle your claims. Bill discusses: How to leverage social media to uncover and undermine claims Why email is a double-edged sword The truth about cell phone data and what types of data are practical and available for use How electronic discovery…
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Thursday July 21, 2016 By: William Taaffe
Legal Alert
  Oregon Case Law Update: Products Liability: When Can a Manufacturer be Liable for Another Manufacturer’s Parts? From the Desk of Jeff Eberhard: In this products liability case, the court was tasked with determining whether a manufacturer’s pumps were in substantially the same condition as when they were sold after asbestos-containing components manufactured by others were routinely replaced. Claims Pointer:…
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Wednesday July 13, 2016 By: Jeff Eberhard
Legal Alert
From the desk of Jeff Eberhard: Establishing a cause and effect relationship for a medical diagnosis can be extremely difficult, many times resulting in the use of expert testimony that fails to identify the sole cause of a medical condition. A recent Ninth Circuit opinion analyzes whether a medical expert’s testimony relating to a substantial cause of a medical condition…
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Wednesday May 7, 2014 By: Jeff Eberhard
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