Practice Area
Wrongful Death
Oregon’s Wrongful Death Statute and ORCP 44C: Who is a “Party”?
Legal Alert
From the Desk of Melanie Rose: ORCP 44C acts as an exception to the doctor-patient privilege that otherwise might protect certain medical records from disclosure. It requires a “Claimant” to produce all medical records “relating to the injuries for which…
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Thursday September 8, 2022 By: Melanie Rose
Passion and Prejudice: When an Appellate Court Can Hold a Jury’s Verdict as Excessive
Legal Alert
From the Desk of Ashley Nagrodski: The bedrock of our justice system is a trial by jury. When an appellate court reviews a jury verdict, its power to overturn the verdict is very limited. The appellate court must only serve…
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Tuesday March 29, 2022 By: Ashley Nagrodski
Spoiler Alert: Washington Court of Appeals Rules Spoliation Combined With Discovery Violations Are Sanctionable by Default Judgment
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Brian Schiewe: In Washington, the harshest discovery sanctions are reserved for the most egregious conduct. In an attempt to balance the need to deter violations with a…
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Thursday March 17, 2022 By: Brian Schiewe
Commercial Lines in Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Kyle Riley and Ashley Nagrodski as they discuss significant commercial lines cases from 2021 in Washington with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Enter your email below to…
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Thursday March 10, 2022 By: Kyle Riley
Washington Court of Appeals Issues Important Decision on Arbitration Agreements in Elder Care Setting
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Partner Gordon C. Klug:   Chances are you have come across an arbitration agreement and have signed it without considering what it really means. Often people don’t…
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Wednesday March 9, 2022 By: Gordon Klug
Washington Court of Appeals Issues Important Decision on Arbitration Agreements in Elder Care Setting
Podcast
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 Partner…
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Tuesday March 8, 2022 By: Gordon Klug
Washington Commercial Lines – 2020 Year in Review
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. Webinar Available On-Demand Enter your email below to request more information on this webinar. >…
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Friday April 2, 2021 By: Kyle Riley
Can a School District Escape Liability for a Student’s Death?
Legal Alert
From the desk of Tom McCurdy: Last year the Washington Court of Appeals issued an opinion that addressed when a school district can be held liable for the injury or death of its students. The school district petitioned the Washington…
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Tuesday March 30, 2021 By: Thomas McCurdy
Killed While Committing a Felony – What Proof is Required to Escape a Wrongful Death Suit?
Legal Alert
From the desk of Thomas McCurdy: Washington provides a complete defense for personal injury or wrongful death lawsuits when the person injured (or killed) was committing a felony at the time of injury. But to be provided this defense, must…
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Wednesday March 17, 2021 By: Thomas McCurdy
Washington Court of Appeals Reverses Summary Judgment Ruling After Defining the Scope of Foreseeability and Causation in Negligence-Based Cases
Legal Alert
From the desk of Thomas McCurdy: Since our first days as law school students in torts class, the elements of negligence have held strong: duty, breach, causation, and damages. Without evidence to create a question of material fact as to each…
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Thursday April 9, 2020 By: Thomas McCurdy
Washington Statute Change: Washington Duck Boat Crash Leads to Wrongful Death Statute Change
Legal Alert
Washington Statute Change: Washington Duck Boat Crash Leads to Wrongful Death Statute Change From the desk of Tom McCurdy:  In 2015, a duck boat amphibious vehicle veered across several lanes of traffic in Seattle, crashing into a bus carrying foreign…
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Thursday May 2, 2019 By: Thomas McCurdy
The When, Where, Why, and How of Settlements Involving Minors, Estates, and Liens
Webinar
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Smith Freed Eberhard Partner Cliff Wilson discusses settlements involving minors and settlements involving estates in Oregon and Washington. This presentation will offer an overview and…
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Thursday April 4, 2019 By: Cliff Wilson
2018 – Year In Review – Commercial Lines in Oregon
Webinar
Webinar Available On-Demand Enter your email below to request more information on this 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…
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Thursday November 8, 2018 By: William Taaffe
Washington Case Law Update: Policy Limit Settlement Exposes Insurer to Bad Faith Claim
Legal Alert
Washington Case Law Update: Policy Limit Settlement Exposes Insurer to Bad Faith Claim From the desk of Ashley Nagrodski:  Insurance policies are commonly structured to limit the insurer’s duty to defend up to the point when policy limits are exhausted. …
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Thursday September 6, 2018 By: Firm Authorship
Washington Case Law Update: Wrongful Death Claim Invalid After Survivorship Claim Against Same Defendants
Legal Alert
Washington Case Law Update: Wrongful Death Claim Invalid After Survivorship Claim Against Same Defendants From the desk of Kyle D. Riley: Washington’s wrongful death statute creates a cause of action for the beneficiaries of the deceased.  Where the deceased initially brought a…
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Thursday June 7, 2018 By: Kyle Riley
Minor Settlements and Wrongful Death in Oregon & Washington
Webinar
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Smith Freed Eberhard Partner Cliff Wilson discusses minor settlements and wrongful death in Oregon and Washington. In this one hour presentation, Cliff will address the…
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Friday April 7, 2017 By: Cliff Wilson
Washington Case Law Update: Wrongful Death Claim Accrued Upon Murderer’s Conviction
Legal Alert
Wrongful Death Claim Accrued Upon Murderer’s Conviction From the Desk of Kyle D. Riley: Claims that are subject to a discovery rule do not accrue until the plaintiff knows or should have known of the facts that make up the…
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Thursday January 26, 2017 By: Kyle Riley
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