Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders
Claims Alleged: Negligence Injuries Alleged: Concussion; and Property Damage Admitted Liability: No The Overview: Smith Freed Eberhard achieved a great result for our client in Washington State Court when the court granted our client’s Motion to Strike the counterclaims the…Read more »
Limitless: How are Statutes of Limitations Tolled When the Cause of Action is Concealed?
From the desk of Bill Taaffe: The purpose of statutes of limitations is to prevent potential defendants from being subject to unfair prosecution or other legal action, due to the simple fact that, after the passing of many years, relevant…Read more »
The Briefing: Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
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 Cliff…Read more »
Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
Listen to Our Legal Alerts on the Following Platforms: From the desk of Jeff Eberhard: The Washington Supreme Court granted direct review (i.e., bypassing the court of appeals) on a claim of injury due to a pit bull. There were…Read more »
Washington Commercial Lines – 2020 Year in Review
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…Read more »
4th and 10… An Improbable Comeback Win at the Washington Court of Appeals
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…Read more »
Misrepresentations During the Rental Application Process Do Not Preclude a Tenant from Rights and Remedies Under the ORLTA
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…Read more »
Oregon Court of Appeals Determines That Even if a Condition Takes Time to Cause Maximum Damage, the Passage of Time Does Not Necessarily Mean That an Instrumentality Will Not Be Considered to Be “Direct and Immediate.”
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…Read more »
Evidently Intoxicated: A Discussion of BAC Readings as Evidence in Support of a Complete Defense to Claims for Personal Injury Under RCW 5.40.060
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…Read more »
Oregon Legal Update: Oregon Supreme Court Addresses Whether it is Prejudicial to Defendants to Allow a Plaintiff to Amend their Pleadings Two Days Before Trial.
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…Read more »
A Swift and Speedy Settlement
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…Read more »
Oregon Landlord Tenant Law for CGL Insurers and Claims Reps
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,…Read more »
2018 – Year In Review – Commercial Lines in Oregon
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…Read more »