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Oregon Supreme Court Issues Final Determination – Oregon’s $500,000 Noneconomic Damages Cap is Gone, at Least for Those Not Gone.
Legal Alert
From the desk of Jeff Eberhard: Hear Ye Hear Ye! Read all about it. The Oregon Supreme Court has issued a landmark opinion addressing once and for all a topic of heated debate between Oregon’s plaintiff and defense bars. No…
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Monday August 17, 2020 By: Jeff Eberhard
Oregon Extends Statutory Limitations Period on Most Civil Claims Due to COVID-19
Legal Alert
From the desk of Jeff Eberhard: Plaintiffs have an interest in being able to bring lawsuits to recover for damages they believe were caused by a defendant. Defendants have a countervailing interest in ensuring that they are not forever exposed to a potential claim. The…
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Thursday July 16, 2020 By: Jeff Eberhard
Washington Supreme Court Holds That an Insurance Company Agent with Authority Can Bind the Insurance Company to Provide Coverage
Legal Alert
From the desk of Kyle Riley: The Washington Supreme Court recently responded to a question certified by the Ninth Circuit Court of Appeals. The question was one of agency. Specifically, it was unclear whether, under the facts at hand, defendant Selective…
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Friday May 29, 2020 By: Kyle Riley
Four Smith Freed Eberhard Attorneys Recognized as 2020 Super Lawyers and Rising Stars.
Award & Recognition
Smith Freed Eberhard is proud to announce that 3 of our attorneys have been recognized as 2020 Super Lawyers and Rising Stars. Each year, Super Lawyers selects attorneys through a multi-phase selection process based on peer nominations, evaluations and independent…
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Thursday February 20, 2020 By: Firm Authorship
Oregon Court of Appeals Examines “Employee Dishonesty” and “Prior Insurance” Clauses in a Claim Arising from an 8-Year, $800,000+ Embezzlement by Claimant’s Bookkeeper.
Legal Alert
From the desk of Jeff Eberhard: Under Oregon law, insurance policies are generally construed in favor of the insured where terms are ambiguous or coverage unclear. However, well-drafted clauses can save on paying out costly claims. In this case update,…
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Wednesday February 19, 2020 By: Jeff Eberhard
Recent Landmark Decisions on the Noneconomic Damages Cap in Oregon
Webinar
Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Partner Bill Taaffe as they provide a historical overview of the statutory noneconomic damages cap and discuss the future of the cap following recent landmark decisions by the Oregon Court of…
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Thursday January 11, 2018 By: Jeff Eberhard
Utilizing Probability Analysis in Claims Evaluation: A Systematic Approach
Webinar
Smith Freed Eberhard Partner Josh Hayward as he discusses utilizing decision trees and probability analysis to evaluate claims. In this one hour presentation will discuss the methods and advantages to utilizing decision trees to evaluate claims, including: What decision trees…
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Thursday May 4, 2017 By: Josh Hayward
Washington Case Law Update: ARNP Can Opine on Proximate Cause in Medical Malpractice Case
Legal Alert
Washington Case Law Update: ARNP Can Opine on Proximate Cause in Medical Malpractice Case  From the desk of Thomas McCurdy: Washington law has long been clear that an advanced registered nurse practitioner (“ARNP”) can testify as an expert with respect to…
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Thursday May 4, 2017 By: Thomas McCurdy
Washington Case Law Update: After Student Boarded District Bus, School Did Not Have Custody, Did Not Owe Duty
Legal Alert
Washington Case Law Update: After Student Boarded District Bus, School Did Not Have Custody, Did Not Owe Duty From the desk of Thomas McCurdy: Schools and school districts have a duty to protect students in their custody from foreseeable risks…
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Thursday March 16, 2017 By: Thomas McCurdy
A History of Multnomah County High-Value Verdicts
Webinar
Smith Freed Eberhard Partner, Ryan McLellan  discusses how Multnomah County's (Portland, OR) recent high-value verdicts will affect you and your claims handling. In this one hour presentation, Ryan will discuss: Trends in recent high-value Multnomah County's jury verdicts and settlementsCommon…
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Tuesday November 1, 2016 By: Ryan McLellan
Washington Case Law Update: School District Owes Duty to Student Not in School’s Custody
Legal Alert
  Washington Case Law Update: School District Owes Duty to Student Not in School’s Custody From the Desk of Thomas McCurdy: A school district has a duty to protect its students from foreseeable risks of harm.  But is an off-campus…
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Thursday September 22, 2016 By: Thomas McCurdy
Oregon Case Update: The Return of the Tort Cap! Oregon’s Supreme Court Reverses Two Prior Decisions in New Landmark Case
Legal Alert
From the desk of Jeff Eberhard: Back in 1987, the Oregon legislature enacted a limit on noneconomic damages of $500,000 in personal injury cases, but soon after that the Oregon Supreme Court held in two cases that those limits were…
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Thursday June 9, 2016 By: Jeff Eberhard
The Art of Arbitration: Strategically Structuring Your Case in Washington
Webinar
Smith Freed & Eberhard Partner, Kyle Riley, will take attendees through the mandatory arbitration process and provide insight as to how to strategically structure your case in Washington. Mandatory Arbitration (MAR) can be a complex aspect in any litigation strategy.…
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Wednesday August 12, 2015 By: Kyle Riley
Washington Case Update: Corporate Confusion: Amending the Complaint after the Statute of Limitations Period
Legal Alert
From the desk of Kyle Riley: Is a plaintiff allowed to amend her complaint after the statute of limitations has run where she named the wrong company due to confusing corporate identities? Read on to find out how the Washington…
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Wednesday February 25, 2015 By: Kyle Riley
Washington Case Update: Not So Personal Service: Secondhand Service Sufficient
Legal Alert
From the desk of Kyle Riley: Is the benevolent relative who hands the defendant an improperly served summons and complaint an inadvertent process server? Read on to find out how the Washington Supreme Court resolved this question. Claims Pointer: A…
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Thursday February 12, 2015 By: Kyle Riley
Washington Case Update: Allegations of Intentional Assault? The Duty to Defend is Unlikely
Legal Alert
Insurers should be aware that the Washington Court of Appeals recently held an insurer’s duty to defend did not arise under either the insured’s home or automobile policy when the notice of the claim and Complaint alleged the insured intentionally…
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Wednesday February 4, 2015 By: Firm Authorship
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