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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 matter the side, plaintiff or defendant, attorneys will agree that parties who can prove they were injured by a defendant’s…
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Monday August 17, 2020 By: Jeff Eberhard
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 legislature’s answer to protecting both of these interests? Statutory time limitations within which a plaintiff must bring their claim following an injury or damaging…
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Thursday July 16, 2020 By: Jeff Eberhard
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 Insurance Company (“Selective”) was bound by its agent’s written representation made on a certificate of insurance that a particular corporation…
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Friday May 29, 2020 By: Kyle Riley
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 research. Only 5% of the total lawyers in each state are selected to this list. Congratulations to the following Smith…
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Thursday February 20, 2020 By: Firm Authorship
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, we take a look at how a claimant whose bookkeeper was embezzling funds over the course of eight years was…
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Wednesday February 19, 2020 By: Jeff Eberhard
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 Appeals.  In this hour-long Webinar presentation, Jeff and Bill will discuss: The history of the statutory cap on noneconomic damages;…
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Thursday January 11, 2018 By: Jeff Eberhard
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 are and how they can improve your claims evaluations; The advantages of utilizing decision trees; and How decision trees can improve…
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Thursday May 4, 2017 By: Josh Hayward
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 the applicable standard of care, but it has been less clear as to whether an ARNP can testify on the…
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Thursday May 4, 2017 By: Thomas McCurdy
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 of harm. Recently, the Washington Supreme Court held that if that duty is breached, the school or school district may…
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Thursday March 16, 2017 By: Thomas McCurdy
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 and Brian will discuss: Trends in recent high-value Multnomah County's jury verdicts and settlements Common themes and strategies in the cases that generated large verdicts Actionable advice on how to recognize the…
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Tuesday November 1, 2016 By: Ryan McLellan
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 rape of one student by another foreseeable to the school district?  In this case, the Washington Supreme Court evaluates the…
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Thursday September 22, 2016 By: Thomas McCurdy
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 unconstitutional under the Oregon Constitution.   In the following case, the Court revisits those prior decisions, ultimately determining they were decided…
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Thursday June 9, 2016 By: Jeff Eberhard
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. Strategic decisions must continually be made from the beginning of the process, up until trial (if necessary.) Making the wrong…
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Wednesday August 12, 2015 By: Kyle Riley
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 Supreme Court resolved this question. Claims Pointer: A plaintiff will be allowed to amend its complaint to include a defendant…
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Wednesday February 25, 2015 By: Kyle Riley
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 defendant will be unable to quash service of process when they are served within the 90 day tolling period by…
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Thursday February 12, 2015 By: Kyle Riley
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 beat another motorist despite the insured’s claim of self-defense. Claims Pointer: When a demand letter or Complaint, depending on the…
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Wednesday February 4, 2015 By: Firm Authorship
Webinar
The majority of legal claims filed in civil court do not reach the trial stage and many informal settlements take place before any lawsuit is filed. It's important that claims professionals understand how to engage in good faith settlement negotiations while still understanding the traps and pitfalls to avoid. Partners, Cliff Wilson and Ryan McLellan of Smith Freed & Eberhard,…
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Wednesday August 27, 2014 By: Ryan McLellan
Webinar
In this one hour presentation, Smith Freed & Eberhard Partners, Josh Hayward and Kyle Riley, reviewed the cases that have made the biggest impact on Washington law.The presentation covered the following topics: A case overview An explanation of how the case impacted Washington law Pointers and tips claims professionals can use when applying the legal changes to claims handling   Watch…
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Wednesday February 19, 2014 By: Josh Hayward
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