Practice Area
Tenant Landlord
Success Story
Claims Alleged: Appeal from Summary Judgment Dismissal of Adverse Possession and Prescriptive Easement Claims The Overview: Smith Freed Eberhard partner, Ashley Nagrodski, and associate, Jessica Kamish, achieved a compelling win for their clients in the Washington Court of Appeals when the court affirmed the trial court’s dismissal of the claims against their clients. Ashley and Jessica were assigned the case during the late stages of…
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Tuesday December 1, 2020 By: Firm Authorship
Legal Alert
From the desk of Jeff Eberhard: Under the ORLTA, during an eviction action for nonpayment of rent, a tenant may counterclaim. If that happens, the ORLTA provides a withholding remedy where the tenant may pay their rent into a court fund. At the end of the proceedings, if this fund contains enough to cover the outstanding rent, the tenant may…
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Friday November 6, 2020 By: Jeff Eberhard
Legal Alert
From the desk of Josh Hayward: How many cats is too many?  The jury is still out on that, but a recent Oregon Court of Appeals opinion suggests that it is probably not wise to allow a tenant to keep 100 cats.  In this case, Plaintiff filed suit against State Farm after the company denied coverage under a “domestic animal”…
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Friday October 23, 2020 By: Josh Hayward
Legal Alert
From the desk of Thomas McCurdy: We here at Smith Freed Eberhard understand the importance an individual’s Blood Alcohol Concentration (BAC) can play in our ability to win a case.  Indeed, SFE is at the forefront of Oregon’s dram shop frontier, meaning that BACs hold something of a special place in our hearts.  For that reason, we are excited to…
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Wednesday September 30, 2020 By: Thomas McCurdy
Legal Alert
From the desk of Joshua P. Hayward: In this landlord-tenant forcible entry and detainer action, the Oregon Supreme Court was asked to determine whether a party could add a new claim for relief two days before trial.  Typically, courts freely grant leave as long as it will not prejudice the opposing party.  Here, the Oregon Supreme Court establishes that adding certain new claims for relief only days before…
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Thursday March 19, 2020 By: Josh Hayward
Success Story
State, County: Oregon, Clark County Claims Alleged: Landlord/Tenant Injuries Alleged: Wrongful Eviction Based on Disability The Overview Smith Freed Eberhard obtained favorable outcome for its client in a case that could have ended in a payment many times larger than the settlement amount. The Background Smith Freed Eberhard was asked to defend an insurance company and their insured who was…
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Friday December 20, 2019 By: Firm Authorship
Webinar
Smith Freed Eberhard Partner Ryan McLellan and Senior Attorney Sean Conner discuss Landlord Tenant Claims in Oregon and how they relate to claims under commercial general liability policies.  Ryan and Sean will discuss common situations where landlord/tenant claims will implicate CGLs, the issues that can arise when evaluating and defending these claims, the laws that affect the outcome of these cases,…
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Thursday May 16, 2019 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
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