Jeffrey Eberhard
Of Counsel
Expertise Overview

With a career spanning over 30 years, successfully representing a wide range of clients in complex and high profile cases, Founding Partner Jeff Eberhard is a recognizable and reputable force within the industry.

Jeff’s practice focuses on civil litigation throughout Oregon and Washington with an emphasis on the defense of complex liability claims, most notably, in dram shop/liquor liability. By successfully defending hundreds of cases, Jeff’s expert knowledge of Oregon’s Dram Shop Act, and how to defend against it, is unparalleled.

Relevant Cases

In Deckard v. Bunch (2016), the most significant liquor liability case decided in the last 20 years – the Oregon Supreme Court cited extensively to Jeff’s amicus curiae brief, which detailed more than 35 years of legislative history of Oregon’s Dram Shop Act. The court ultimately adopted Jeff’s position that the legislature intended the Dram Shop Act to shield commercial alcohol providers from liability, thus rejecting the position of the entire plaintiffs’ bar (and the court of appeals) that the Dram Shop Act had created a new, plaintiff-friendly “statutory liability” claim, and bringing much-needed clarity to this area of law.
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In Shutz v. La Costita III, Inc. (2019), Jeff took part in an important Supreme Court decision that reaffirmed that restaurants and taverns have immunity for “first party” claims of over-service of alcohol. In 2017, a surprising decision by the Oregon Court of Appeals held that a section of Oregon’s liquor liability statute was unconstitutional because it denied a severely injured, intoxicated driver a remedy for her injuries allegedly caused by a social host. When the case was in front of the Oregon Supreme Court, Jeff submitted an amicus curiae brief with a detailed history of the legislative history and its constitutionality. The Court held that the statute does provide for immunity related to the service of alcohol and to the extent the Plaintiff’s claims are related to the service of alcohol, they are barred.
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In Mason v. BCK Corporation (2018) and Balzer v. Moore (2018), Jeff was able to secure summary judgment on all claims against his clients under the complicity doctrine of the Dram Shop Act. In each case, the plaintiff suffered catastrophic injuries after leaving a tavern as a passenger in another patron’s vehicle. In both cases, the court ruled in Jeff’s client’s favor, finding that as a matter of law the plaintiff could not recover when he had substantially contributed to that driver’s intoxication – not by buying alcohol, but instead by drinking with the driver at the tavern. The plaintiff in each case appealed to the Oregon Court of Appeals, and in both cases the court affirmed the trial court’s decision to grant summary judgment in Jeff’s client’s favor under the complicity doctrine of the Dram Shop Act.
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In Shields v. Enterprise Leasing Company (2007), Jeff established new law in that a self-insured rental car company does have to provide liability insurance to a renter. The Washington Court of Appeals ultimately held in Shields that the Financial Responsibility Act did not require a self-insured rental car company to provide minimum third-party liability coverage. The trial court also properly dismissed the Bad Faith and Consumer Protection Act claims.
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Education

George Washington University, M.P.S., Law Firm Management, 2010
Willamette University College of Law, Certificate in Dispute Resolution, J.D., 1987
University of Oregon, B.S., Finance and Political Science, 1984

Professional Certification & Accolades

Member, Oregon State Bar Association
Member, Washington State Bar Association
Oregon Super Lawyer - 2006 - 2024
Top 50 Oregon Super Lawyer - 2013, 2015
Best Lawyers in America - 2011 - 2024
NITA Master Advocate
Past Board Member, Oregon Association of Defense Counsel
Member, Council on Litigation Management
Admitted, United States District Court for the District of Oregon
Admitted, United States District Court for the District of Western Washington
Black Belt Trial Advocacy Training Program

Practice Areas
  • Practice Area
    • Commercial Liability Defense
    • Negligence
    • Trucking & Transportation
    • Products Liability
    • Slip and Fall
    • Timber Trespass
    • Tenant Landlord
    • Premises Liability
    • Jobsite Injury
    • Wrongful Death
    • Dram Shop & Tavern Keeper
    • Personal Lines
    • First & Third Party / SIU
    • Professional Lines (EPL,D&O,E&O)
    • Construction Defect Litigation
    • Excess and Surplus Lines
Bar Admissions
  • Oregon
  • Washington
Success Story General Litigation ORS 20.080 Attorney Fee Personal Lines When to Fight Back with a Counterclaim Thursday November 19, 2020 By: Jeff Eberhard
Success Story Commercial Liability Defense First & Third Party / SIU Personal Lines Road Rage Rebuttal Thursday June 18, 2015 By: Jeff Eberhard
on-demand
Webinar Dram Shop & Tavern Keeper Liquor Liability Straight Up: Liquor Liability and Litigation Strategies in Oregon Monday August 1, 2022 By: Jeff Eberhard, Bill Taaffe
on-demand
Webinar Commercial Liability Defense Negligence Premises Liability Timber Trespass Trucking & Transportation Commercial Lines in Oregon – 2021 Year in Review Thursday February 24, 2022 By: Jeff Eberhard, Bill Taaffe
on-demand
Webinar Bad Faith Commercial Liability Defense Jobsite Injury Negligence Premises Liability COVID-19 in Review: How Emerging Lawsuits Will Impact Future Litigation Friday July 2, 2021 By: Jeff Eberhard
Legal Alert Dram Shop & Tavern Keeper Oregon Case Law Update: Disturbing Court of Appeals Decision Reversed – Oregon Supreme Court Reaffirms That Restaurants and Taverns Do Have Immunity Fo... Thursday April 4, 2019 By: Jeff Eberhard
Jeff Eberhard Balzer v. The Roundup Pub Legal Alert Dram Shop & Tavern Keeper Oregon Case Law Update: Court of Appeals Confirms Stance on Complicity Doctrine in Case Involving a Passenger Injured by Intoxicated Driver Thursday August 30, 2018 By: Jeff Eberhard
Liquor Liability Legal Alert Dram Shop & Tavern Keeper Oregon Case Law Update: Court of Appeals Provides Insight on the Complicity Doctrine in Liquor Liability Suits Thursday August 9, 2018 By: Jeff Eberhard
Noneconomic Damages Legal Alert Commercial Liability Defense Oregon Case Law Update: Court of Appeals Reaffirms Position on Noneconomic Damages Thursday July 26, 2018 By: Jeff Eberhard
Tort Cap Legal Alert Commercial Liability Defense Dram Shop & Tavern Keeper Negligence Oregon Appellate Update: Oregon Supreme Court Grants Review in Two Important Cases -Tort Cap and Dram Shop Thursday May 24, 2018 By: Jeff Eberhard
Third Party Complaint Legal Alert Commercial Liability Defense Dram Shop & Tavern Keeper Negligence Oregon Case Law Update: Patron Not Prohibited from Filing Third Party Complaint Against Alcohol Provider Wednesday April 18, 2018 By: Jeff Eberhard
Legal Alert Commercial Liability Defense Oregon Case Law Update: $500,000 Non-Economic Damages Cap; the Slippery Slope Just Got Slippier Thursday February 8, 2018 By: Jeff Eberhard
on-demand
Webinar Commercial Liability Defense Construction Defect Litigation First & Third Party / SIU General Litigation Professional Lines (EPL,D&O,E&O) Recent Landmark Decisions on the Noneconomic Damages Cap in Oregon Thursday January 11, 2018 By: Jeff Eberhard
Legal Alert Commercial Liability Defense Oregon Case Law Update: Plaintiff Who Voluntarily Consumed Alcohol May Sue Social Host. The Effect On Business Unclear Thursday November 30, 2017 By: Jeff Eberhard
Legal Alert Commercial Liability Defense Oregon Case Law Update: Oregon Court of Appeals Takes a Swipe at the Statutory Cap on Non-Economic Damages Thursday November 16, 2017 By: Jeff Eberhard
Legal Alert Personal Lines Oregon Law Update: Oregon’s $500,000 Noneconomic Damages Cap Remains Untouched by Legislation Thursday July 20, 2017 By: Jeff Eberhard
Legal Alert Commercial Liability Defense Negligence Premises Liability Wrongful Death Oregon Case Law Update: Oregon Expands Liability for Negligent Infliction of Emotional Distress Thursday January 19, 2017 By: Jeff Eberhard