Melanie Gillette
Partner
Expertise Overview

Melanie’s practice focuses primarily on commercial liability defense, including premises liability, products liability, automobile liability, negligence, catastrophic injury, and liquor liability (dram shop) claims.

Prior to joining Smith Freed Eberhard, Melanie worked at a defense firm in Portland where her practice focused on insurance coverage and bad faith litigation. Prior to that, she worked at insurance defense firms in both Portland and Seattle where her practice included defense of third-party claims.

During law school, Melanie worked as a law clerk for the Oregon Department of Justice, Civil Litigation Section and externed for the Honorable Ronald B. Leighton at the U.S. District Court for the Western District of Washington. She was also an Associate Editor-In-Chief on the Washington Journal of Environmental Law & Policy.

Education

University of Washington School of Law, J.D., 2015
University of Washington, B.A., 2011

Professional Certification & Accolades

Member, Oregon State Bar Association
Member, Washington State Bar Association
Black Belt Trial Advocacy Training Program
Admitted, U.S. District Court of the District of Oregon
Admitted, U.S. District Court of the Western District of Washington
Admitted, U.S. District Court of the Eastern District of Washington
Super Lawyers, Rising Star 2024
Best Lawyers in America: Ones To Watch, 2024

Practice Areas
  • Practice Area
    • Commercial Liability Defense
    • Negligence
    • Products Liability
    • Premises Liability
    • Dram Shop & Tavern Keeper
Bar Admissions
  • Oregon
  • Washington
Success Story Breach of Contract Breach of Express Warranty Jurisdiction Negligence Strict Liability Secured Motion to Dismiss: Personal Jurisdiction in RV Collision Case Monday July 29, 2024 By: Melanie Rose
Success Story Commercial Liability Defense Dog Bite Negligence Tenant Landlord Preserving Precedent: Defending Commercial Landlord Liability Through Recent Victory in High Exposure Dog Bite Case Thursday October 26, 2023 By: Brian Schiewe
Success Story Bad Faith Billion Dollar Bust Thursday June 2, 2022 By: Cliff Wilson
Success Story Negligence Personal Lines Tenant Landlord Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders Wednesday October 13, 2021 By: Firm Authorship
Success Story Property Loss Tenant Landlord 4th and 10… An Improbable Comeback Win at the Washington Court of Appeals Tuesday December 1, 2020 By: Ashley Nagrodski
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 Securing Victory Under Securities Laws Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Research Pays Off (to the Tune of $2.2 Million) Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Drawing the (Property) Line Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Multi-National Retailer’s Discrimination Mitigated Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Allegations of Misappropriation of Trade Secrets and Employment Law Violations? Denied. Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines PIP Rejected: A Desperate Attempt to Recover Expenses Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense General Contractors Jobsite Injury An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Success Story Automotive Defense Personal Lines Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Case of the Mysterious Torn Medial Meniscus Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Hit and Run Dismissed Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Admitting Liability and Saving Costs Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Tenant Landlord A Swift and Speedy Settlement Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Know Your Venue: Taking Advantage of Arbitration Rules to Gain the Upper Hand and Mitigate Costs Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines PIP Pre-Existing Conditions Affirmed, No Additional Recovery Earned Friday December 20, 2019 By: Firm Authorship
Success Story Dog Bite Personal Lines Dog Bite Dilemma Friday December 20, 2019 By: Cliff Wilson
Success Story Construction Defect Litigation General Litigation Cracked Concrete and Damaged Sheetrock Friday December 20, 2019 By: Cliff Wilson
Success Story Commercial Liability Defense Due Diligence and Maintaining Position Leaves Ashley with a Happy Client Thursday December 19, 2019 By: Ashley Nagrodski
Success Story Commercial Liability Defense Can You Picture a Better Outcome? Thursday March 21, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Construction Defect Litigation Premises Liability Avoiding the Septic Storm Friday February 8, 2019 By: Paul Sheely
Success Story Automotive Defense Personal Lines Small Claims, Big Headache Thursday December 27, 2018 By: Cliff Wilson
Success Story Commercial Liability Defense Negligence Diligent Preparation and Spotting Fatal Flaws in the Other Side’s Case Leads to Favorable Outcome Thursday March 22, 2018 By: Ryan McLellan
Success Story Commercial Liability Defense Persistence and Staying Focused on the Facts Leads to Unanimous Defense Verdict Wednesday January 10, 2018 By: Cliff Wilson
Success Story Commercial Liability Defense Litigation Success: Due Diligence and Maintaining Position Leaves Ashley with a Happy Client Thursday December 28, 2017 By: Ashley Nagrodski
Success Story Commercial Liability Defense Personal Lines PIP Occam’s Razor at Work Wednesday February 17, 2016 By: Firm Authorship
Success Story Automotive Defense Personal Lines Cleaning the Slate: Using Witness Strengths to Dispel Juror’s Pre-Conceived Notions Wednesday February 17, 2016 By: Firm Authorship
Success Story Commercial Liability Defense First & Third Party / SIU Personal Lines Whose Fault is it Anyway? Friday December 11, 2015 By: Cliff Wilson
Success Story Commercial Liability Defense Personal Lines No Tolerance For Tardiness Monday October 19, 2015 By: Firm Authorship
Success Story Commercial Liability Defense Personal Lines Using the Right Rulebook Monday October 19, 2015 By: Firm Authorship
Success Story Personal Lines Know the Law In and Out: Developing the Right Game Plan to Keep Costs Down Wednesday September 16, 2015 By: Firm Authorship
Success Story First & Third Party / SIU Personal Lines PIP The Show Must Go On Thursday July 9, 2015 By: Cliff Wilson
Success Story Commercial Liability Defense First & Third Party / SIU Personal Lines Turning Over a New Leaf Thursday July 2, 2015 By: Ryan McLellan, Sean Conner
Success Story Automotive Defense Personal Lines Disproving a Self Serving Story Tuesday June 30, 2015 By: Josh Hayward
Success Story Automotive Defense Personal Lines Sticking to Your Guns with Trucking Clients Tuesday June 30, 2015 By: Cliff Wilson
Success Story Automotive Defense Personal Lines Low Impact Accident Leads to Low Verdict Tuesday June 30, 2015 By: Josh Hayward
Success Story Automotive Defense Personal Lines Credibility Clenches Case Tuesday June 30, 2015 By: Cliff Wilson
Success Story Automotive Defense Personal Lines The Buck Stops Here Friday June 26, 2015 By: Cliff Wilson
Success Story Automotive Defense Personal Lines Burying Your Head in the Sand Will Get You Nowhere Friday June 26, 2015 By: Cliff Wilson
Success Story Automotive Defense Personal Lines Plaintiff’s Case Lost in Translation Friday June 26, 2015 By: Firm Authorship
Success Story Automotive Defense Personal Lines Disc Bulge Dispute Friday June 26, 2015 By: Josh Hayward
Success Story Commercial Liability Defense Construction Defect Litigation General Contractors Jobsite Injury Jobsite Injury Claims Dismissed Friday June 26, 2015 By: Firm Authorship
Success Story Construction Defect Litigation A Successful Appeal of OSHA Jobsite Violations Friday June 26, 2015 By: Ryan McLellan
Success Story First & Third Party / SIU Personal Lines Facebook Detective: Using Social Media to Debunk Exaggerated Claims Tuesday June 23, 2015 By: Firm Authorship
Success Story Construction Defect Litigation General Contractors Running Out The Clock Thursday June 18, 2015 By: Paul Sheely
Success Story Construction Defect Litigation Window Installation Thursday June 18, 2015 By: Paul Sheely
Success Story Construction Defect Litigation Subcontractors Design Defects Thursday June 18, 2015 By: Paul Sheely
Success Story Commercial Liability Defense Construction Defect Litigation Personal Lines Breaking Bad Advice Thursday June 18, 2015 By: Firm Authorship
Success Story Commercial Liability Defense Bringing Down the House (By Proving Plaintiff Brought Down the Door) Thursday June 18, 2015 By: Cliff Wilson
Success Story Commercial Liability Defense Snowpocalypse: Negligence and Bad Faith Thursday June 18, 2015 By: Kyle Riley
Success Story Commercial Liability Defense Trial Venue: Conservative Controversy Thursday June 18, 2015 By: Ryan McLellan
Success Story Commercial Liability Defense Premises Liability “Excusable Neglect” – Excused Thursday June 18, 2015 By: Ryan McLellan
Success Story Commercial Liability Defense Premises Liability Lack of Evidence for an Erroneous Equestrian Thursday June 18, 2015 By: Kyle Riley
Success Story Commercial Liability Defense First & Third Party / SIU Personal Lines Road Rage Rebuttal Thursday June 18, 2015 By: Jeff Eberhard
Success Story Commercial Liability Defense Hotel’s Liability Hotly Contested Thursday November 6, 2014 By: Firm Authorship
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Webinar Civil Procedure Commercial Liability Defense Jobsite Injury Negligence Premises Liability Sexual Misconduct Slip and Fall Tenant Landlord Wrongful Death Commercial Lines in Oregon and Washington: Recent Case Updates Tuesday July 9, 2024 By: Firm Authorship, melanie-gillette
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Webinar Arbitration Automotive Defense ORS 20.080 Attorney Fee Personal Lines UM/UIM Personal Lines in Oregon and Washington: Recent Case Updates Tuesday June 18, 2024 By: Firm Authorship, melanie-gillette
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Webinar Bad Faith Commercial Liability Defense Negligent Claims Handling & Extracontractual Damages Wednesday February 14, 2024 By: Firm Authorship
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Webinar Attorney Fees Commercial Liability Defense UM/UIM The Risk of Attorney Fees in UIM Cases: A Brief Update on Recent Case Law Tuesday September 5, 2023 By: Firm Authorship, melanie-gillette
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Webinar Commercial Liability Defense Jobsite Injury Negligence Products Liability Commercial Lines in Washington: 2022 Year in Review Wednesday May 10, 2023 By: Firm Authorship, melanie-gillette
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Webinar Commercial Liability Defense Negligence Premises Liability Timber Trespass Trucking & Transportation Commercial Lines in Oregon – 2022 Year in Review Monday April 24, 2023 By: Firm Authorship, Bill Taaffe
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Webinar Arbitration Automotive Defense ORS 20.080 Attorney Fee Personal Lines UM/UIM Personal Lines in Oregon and Washington: 2022 Year in Review Wednesday April 5, 2023 By: Firm Authorship, melanie-gillette
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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
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Webinar Bad Faith Commercial Liability Defense Moody v. Oregon Community Credit Union: An In-Depth Discussion Tuesday April 5, 2022 By: Cliff Wilson, Melanie Rose
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Webinar Commercial Liability Defense Negligence Premises Liability Tenant Landlord Wrongful Death Commercial Lines in Washington – 2021 Year in Review Thursday March 10, 2022 By: Kyle Riley, Ashley Nagrodski
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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
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Webinar Automotive Defense Commercial Liability Defense Dog Bite ORS 20.080 Attorney Fee Personal Lines PIP Premises Liability Tenant Landlord UM/UIM Personal Lines in Oregon and Washington – 2021 Year in Review Wednesday January 26, 2022 By: Josh Hayward, Cliff Wilson
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Webinar Commercial Liability Defense Products Liability Oregon Product Liability Law Thursday January 20, 2022 By: Josh Hayward, Sean Conner
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Webinar Commercial Liability Defense Premises Liability Oregon Premises Liability Law Friday November 12, 2021 By: Ryan McLellan, Sean Conner
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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
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Webinar Bad Faith Commercial Liability Defense Negligence Premises Liability Products Liability Sexual Misconduct Tenant Landlord Wrongful Death Washington Commercial Lines – 2020 Year in Review Friday April 2, 2021 By: Kyle Riley
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Webinar Automotive Defense Bad Faith Motorist Minor Impact Personal Lines PIP UM/UIM Wrongful Death Washington Personal Lines – 2020 Year in Review Friday January 29, 2021 By: Firm Authorship, Melanie Rose
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Webinar Commercial Liability Defense Dram Shop & Tavern Keeper ORS 20.080 Attorney Fee Timber Trespass Oregon Commercial Lines – 2020 Year in Review Thursday November 19, 2020 By: Firm Authorship, Bill Taaffe
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Webinar ORS 20.080 Attorney Fee Personal Lines UM/UIM Oregon Personal Lines – 2020 Year in Review Friday October 23, 2020 By: Firm Authorship, Cliff Wilson
Legal Alert Commercial Liability Defense Washington Case Update: Washington Court of Appeals Sides with Insurer in Dispute Over How Much a Church Was Entitled to in Compensation Under its Policy Fol... Thursday May 30, 2019 By: Kyle Riley
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Webinar Commercial Liability Defense Tenant Landlord Oregon Landlord Tenant Law for Commercial General Liability Insurers and Claims Representatives Thursday May 16, 2019 By: Firm Authorship, Sean Conner
Legal Alert Commercial Liability Defense Jobsite Injury Products Liability Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation Thursday April 25, 2019 By: Ryan McLellan
Legal Alert Negligence Washington Case Law Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur Thursday April 18, 2019 By: Kyle Riley
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Webinar Minor Settlement Personal Lines Wrongful Death The When, Where, Why, and How of Settlements Involving Minors, Estates, and Liens Thursday April 4, 2019 By: Cliff Wilson
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
Legal Alert Personal Lines Oregon Case Law Update: Oregon Court of Appeals Reminds Litigants That Medical Bills Alone Do Not Prove That Their Treatment was Reasonable Thursday March 28, 2019 By: Cliff Wilson
Legal Alert Commercial Liability Defense Washington Case Law Update: Material Facts Available in the Public Domain Lead to Dismissal of Real Estate Buyer's Lawsuit Thursday March 14, 2019 By: Kyle Riley
Excess Policy Ryan McLellan Legal Alert Commercial Liability Defense Oregon Case Update: What Qualifies as an Excess Policy in the State of Oregon? Thursday February 21, 2019 By: Firm Authorship
Bighorn Logging Corp. v. Truck Ins. Exchange Legal Alert Commercial Liability Defense Timber Trespass Oregon Case Law Update: Oregon Court of Appeals Requires an Insurer to Indemnify its Insured for Intentional Timber Trespass Claim Despite an Exclusion for I... Thursday February 14, 2019 By: Josh Hayward
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Webinar Commercial Liability Defense Personal Lines Slip and Fall Liability Waivers – Should We Wave Goodbye? Thursday January 31, 2019 By: Firm Authorship
Kalles v. State Farm - MGU Legal Alert Commercial Liability Defense Products Liability Washington Case Law Update: Washington Court Of Appeals Reminds Insurers That Ambiguous Insurance Provisions Must Be Resolved In Favor Of the Insured Thursday January 31, 2019 By: Kyle Riley
Substitute Servive on SOS - KDB Legal Alert Automotive Defense Personal Lines Washington Case Law Update: Plaintiff Must Attempt Service at ALL Known Addresses of Defendant – Whether in Washington or Elsewhere – Before Substitute Servi... Wednesday January 23, 2019 By: Firm Authorship
Moreau v. Samalin Legal Alert Personal Lines Oregon Case Law Update: Oregon Trial Court’s Award of Reduced Attorney Fees Subject to Remand Due to Insufficient Explanation Thursday January 17, 2019 By: Josh Hayward
Clarke v Nichols - KRD Legal Alert Personal Lines Washington Case Law Update: Summary Judgment Affirmed After Plaintiff Fails to Provide Evidence Showing the Cause of a Fall Thursday January 10, 2019 By: Kyle Riley
Poole v. State Farm Legal Alert Personal Lines Washington Case Law Update: Insured’s Bad Faith Lawsuit is Revived after the Washington Court of Appeals Interprets Ambiguous Insurance Terms against the Ins... Thursday January 3, 2019 By: Josh Hayward
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Webinar Personal Lines 2019 – Year In Review – Personal Lines in OR & WA Thursday December 20, 2018 By: Firm Authorship
Legal Alert Products Liability Oregon Case Law Update: Oregon Supreme Court Limits the Applicability of Oregon’s Statute of Repose in Product Liability Actions Thursday December 13, 2018 By: Ryan McLellan
Plaintiffs and Treating Physicians Legal Alert Automotive Defense Motorist Minor Impact ORS 20.080 Attorney Fee Personal Lines PIP UM/UIM Oregon Case Update: Oregon Supreme Court Restricts the Scope of Discoverable Communications Between Plaintiffs and Treating Physicians Thursday December 6, 2018 By: Cliff Wilson
Josh Hayward Case Update Legal Alert Personal Lines Oregon Case Law Update: Plaintiffs Must Show Diminished Property Value in Order to Prevail on a Timber Trespass Claim Involving Ornamental Trees Thursday November 8, 2018 By: Josh Hayward
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Webinar Commercial Liability Defense Dram Shop & Tavern Keeper Jobsite Injury Negligence Premises Liability Products Liability Slip and Fall Tenant Landlord Timber Trespass Trucking & Transportation Wrongful Death 2018 – Year In Review – Commercial Lines in Oregon Thursday November 8, 2018 By: William Taaffe
Kyle Riley Case Update Legal Alert Personal Lines PIP Washington Case Law Update: Damages and Attorney Fee Exposure Can Make a Mistaken Coverage Denial a Costly Error Thursday November 1, 2018 By: Kyle Riley
Bill Taaffe Case Update Legal Alert Commercial Liability Defense Oregon Case Law Update: Oregon Court of Appeals Reminds Litigants That Destruction of Evidence Can Warrant Serious Sanctions Thursday October 25, 2018 By: William Taaffe
Josh Hayward Case Update Legal Alert Commercial Liability Defense Slip and Fall Washington Case Law Update: Washington Court of Appeals Affirms Summary Judgment Against Unrepresented Plaintiff for Failing to Follow Procedural Rules Thursday October 11, 2018 By: Josh Hayward
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Webinar Automotive Defense Personal Lines UM/UIM Attorney Fee Exposure in UM/UIM Friday October 5, 2018 By: Firm Authorship
Josh Hayward Case Update Legal Alert PIP Oregon Case Law Update: Oregon Court of Appeals Identifies Threshold Level of Evidence Required to Prove an Injury is Permanent Tuesday September 25, 2018 By: Josh Hayward
Legal Alert Personal Lines PIP Oregon Case Law Update: Oregon Court of Appeals Provides Guidance on a PIP Insurer’s Duty to Promptly Pay PIP Benefits after Receiving Proof of Loss Friday September 21, 2018 By: Cliff Wilson
Legal Alert Oregon Case Law Update: Servicemember’s Wrongful-Death Claim Tolled While on Active Duty Thursday September 13, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Trucking & Transportation Wrongful Death Washington Case Law Update: Policy Limit Settlement Exposes Insurer to Bad Faith Claim Thursday September 6, 2018 By: Ashley Nagrodski
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
Determining Whether Communications Between Attorneys Constitute a Settlement Agreement Legal Alert Construction Defect Litigation Washington Case Law Update: Determining Whether Communications Between Attorneys Constitute a Settlement Agreement Thursday August 16, 2018 By: Kyle Riley
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
Bar Owner Brings Suit Legal Alert Dram Shop & Tavern Keeper Washington Case Law Update: Bar Owner Brings Suit against Police Alleging Harassment of Patrons and Staff Thursday July 19, 2018 By: Kyle Riley
Legal Alert Automotive Defense Personal Lines UM/UIM Oregon Case Law Update: Insurer’s Safe Harbor Letter Insufficient to Express Consent to Binding Arbitration Thursday July 12, 2018 By: Josh Hayward
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Webinar Automotive Defense Commercial Liability Defense Personal Lines How To Brave the High Seas of Mandatory Non-Binding Arbitration and Live to Tell the Tall Tale Thursday July 5, 2018 By: Firm Authorship
Expert Witness Qualifications Legal Alert Automotive Defense Personal Lines Oregon Court of Appeals Issues Decision on Expert Witness Qualifications Thursday June 28, 2018 By: Ryan McLellan
Medical Records Legal Alert Commercial Liability Defense Washington Legislative Update: Washington’s New Law Restricts Access to Medical Records in Discrimination Suits Thursday June 21, 2018 By: William Taaffe
Wrongful Death Claim Legal Alert Commercial Liability Defense Wrongful Death Washington Case Law Update: Wrongful Death Claim Invalid After Survivorship Claim Against Same Defendants Thursday June 7, 2018 By: Kyle Riley
UIM Legal Alert PIP UM/UIM Washington Case Law Update: Court Finds Issues of Material Fact on Reasonableness of Insurer’s Handling of UIM Claim Thursday May 31, 2018 By: Josh Hayward
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
Implied Warranty Legal Alert Negligence Personal Lines Premises Liability Slip and Fall Washington Case Law Update: Court Rules that Implied Warranty of Habitability Does Not Extend to Tenant’s Guest Thursday May 17, 2018 By: Kyle Riley
PIP application form Legal Alert Automotive Defense Personal Lines PIP Oregon Case Law Update: PIP Application Form Inadmissible in Suit by Insured Against Tortfeasor Thursday May 10, 2018 By: Josh Hayward
Mandatory Civil Arbitration Legal Alert Personal Lines Washington Case Law Update: Washington Legislature Expands Mandatory Civil Arbitration to $100,000 Claims Thursday May 3, 2018 By: Kyle Riley
Statutory Costs Legal Alert Automotive Defense Personal Lines Washington Case Law Update: Statutory Costs Included When Comparing Arbitration Award with Trial Judgment Thursday April 26, 2018 By: Josh Hayward
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Webinar Automotive Defense PIP UM/UIM An Introduction to the Updated Rules and Regulations for First Party Claims Tuesday April 24, 2018 By: Firm Authorship
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 Personal Lines UM/UIM Washington Case Law Update: Washington Court of Appeals Allows Bad Faith and CPA Claim Against Adjuster Thursday April 5, 2018 By: Josh Hayward
Legal Alert Automotive Defense Personal Lines Washington Case Law Update: In Absence of a Special Relationship, Insurer Owes No Duty to Advise on Adequacy of Coverage Thursday March 29, 2018 By: Kyle Riley
Legal Alert Commercial Liability Defense Washington Case Law Update: Injured Worker Responsible for Defective Condition Barred from Recovery from Landowner Thursday March 15, 2018 By: Kyle Riley
Legal Alert Personal Lines PIP UM/UIM Oregon Case Law Update: No Safe Harbor Protection in Dispute over Reasonable and Necessary Medical Services Wednesday March 7, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Negligence Washington Case Law Update: Can a Firefighter Who Is Injured at an Accident Scene Recover from Parties That Caused the Accident? Wednesday February 28, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Law Update: When is a Visitor Deemed to be a Business Invitee? Wednesday February 21, 2018 By: Firm Authorship
Legal Alert First & Third Party / SIU Property Loss Oregon Case Law Update: Oregon Supreme Court Limits Claims Based on Abuse of Vulnerable Persons Wednesday February 14, 2018 By: William Taaffe
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Webinar Commercial Liability Defense General Litigation Handling Sexual Abuse Claims in Oregon and Washington Tuesday February 13, 2018 By: William Taaffe
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
Legal Alert Personal Lines PIP Oregon Case Law Update: Offsetting Jury Awards by Previously Paid PIP Benefits Thursday February 1, 2018 By: Josh Hayward
Legal Alert Personal Lines PIP UM/UIM Oregon Case Law Update: Court Rules Letter Insufficient to Entitle the Insurer to the "Safe Harbor" Protection Thursday January 25, 2018 By: Josh Hayward
Legal Alert Personal Lines Washington Case Law Update: Court Holds That PIP Benefits Do Not Extend to School Bus Collision Thursday January 18, 2018 By: Kyle Riley
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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 Washington Case Update: Internal System for Inspecting Equipment Saves Owner from Premises Liability Claim Wednesday January 10, 2018 By: Josh Hayward
Legal Alert Washington Case Law Update: Store Owner Cannot Escape from Vicarious Liability for Faulty Escalator Thursday January 4, 2018 By: Kyle Riley
Legal Alert Commercial Liability Defense Oregon Case Law Update: Plaintiffs Can Be Barred from Recovery if Engaged in Felony Thursday January 4, 2018 By: Firm Authorship
Legal Alert Commercial Liability Defense Oregon Case Law Update: Court Upholds Defamation Claim for Tweets and Customer Website Reviews Thursday December 14, 2017 By: Josh Hayward
Legal Alert Personal Lines Oregon Case Law Update: Court of Appeals Upholds Partial Satisfaction of Judgment for PIP Benefits Tuesday December 5, 2017 By: Firm Authorship
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
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Webinar Commercial Liability Defense General Litigation Personal Lines Tough Calls: Ethical Claims Handling in Oregon and Washington Monday November 27, 2017 By: Firm Authorship
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 PIP Oregon Case Law Update: PIP Benefits Do Not Include Medical-Related Transportation Costs Friday November 10, 2017 By: Josh Hayward
Legal Alert Oregon Case Law Update: Court Upholds Liability Limitation in Commercial Lease Agreement Wednesday November 8, 2017 By: Firm Authorship
Legal Alert Commercial Liability Defense Washington Case Law Update: Proving Causation: An Expert in a Premises Liability Claim May be Sufficient Wednesday November 1, 2017 By: Kyle Riley
Legal Alert Oregon Case Law Update: When is Police Officer Testimony Admissible? Wednesday October 25, 2017 By: Josh Hayward
Legal Alert Personal Lines Washington Case Law Update: Assert Your Counterclaims in a Timely Manner or Forfeit Them Forever Thursday October 19, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Oregon Case Law Update: Using an Expert Witnesses to Defeat a Motion for Summary Judgment Thursday October 5, 2017 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Law Update: When Will Courts Set Aside a Default Judgment? Thursday September 28, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Washington Case Law Update: Can Third Parties Sue Insurance Companies Under the Consumer Protection Act? Thursday September 21, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Washington Case Law Update: When is a Losing Party Entitled to Relief from Judgment? Thursday September 14, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Washington Case Law Update: Is the Statute of Limitations Tolled if the Wrong Defendant is Served? Thursday September 7, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Washington Case Law Update: When is a Statement Considered an Offer to Compromise? Thursday August 31, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Personal Lines Oregon Case Law Update: Amendments Retroactive if Legislature Indicates Thursday August 24, 2017 By: Ryan McLellan
Legal Alert Commercial Liability Defense Washington Case Law Update: How Do you Determine if a Statement is Defamatory? Thursday August 24, 2017 By: Kyle Riley
Legal Alert Washington Case Law Update: Employer Not Strictly Liable for Missed Meal Breaks Thursday August 17, 2017 By: William Taaffe
Legal Alert Oregon Employment Law Update: Oregon’s New “Predictive Scheduling” Law Thursday August 17, 2017 By: William Taaffe
Legal Alert Commercial Liability Defense Washington Case Law Update: Contract Provision May Entitle Prevailing Party to Attorneys’ Fees Thursday August 10, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Washington Case Law Update: Participating in Litigation May Constitute Waiver of Certain Arguments Thursday August 3, 2017 By: Kyle Riley
Legal Alert Oregon Employment Law Update: Oregon’s New Minimum Wage Law Now in Effect Thursday July 27, 2017 By: William Taaffe
Legal Alert Commercial Liability Defense Negligence Washington Case Law Update: Parent’s Negligent Supervision not Tortious, Cannot Reduce Child’s Recovery Thursday July 20, 2017 By: Kyle Riley
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 Washington Case Law Update: Court of Appeals Reworks Assumption of Risk Doctrine, Holds that Inherent Peril Assumption of Risk Bars Negligence Claim Wednesday July 12, 2017 By: Kyle Riley
Legal Alert Construction Defect Litigation Washington Case Law Update: No Damages Recoverable under New Home Sale Agreement for Improperly Installed… Thursday July 6, 2017 By: Paul Sheely
Legal Alert Personal Lines UM/UIM Oregon Case Law Update: UM/UIM Insurer May Dispute Damages without Losing Safe Harbor Thursday July 6, 2017 By: Cliff Wilson
Legal Alert Personal Lines Washington Case Law Update: Plaintiff Must Be “Foreseeable” to Bring Negligent Infliction of Emotional Distress Claim Thursday June 29, 2017 By: Kyle Riley
Legal Alert Personal Lines PIP Washington Case Law Update: PIP Coverage Requires Operation of Motor Vehicle Thursday June 22, 2017 By: Kyle Riley
Legal Alert Oregon Case Law Update: No Attorney Fees for Unlawful Withholding of Wages Where Defendant Acted in Good Faith Wednesday June 14, 2017 By: William Taaffe
Legal Alert Oregon Case Law Update: Loss-of-Chance Theory of Recovery Established in Oregon Wednesday June 7, 2017 By: Firm Authorship
Legal Alert Oregon Employment Law Update: Oregon Changes Law on Pay Equity Wednesday June 7, 2017 By: William Taaffe
Legal Alert Personal Lines UM/UIM Oregon Case Law Update: “Formal Institution” of Arbitration Proceedings Requires Explicit Offer or Demand to Arbitrate Thursday June 1, 2017 By: Josh Hayward
Legal Alert Oregon Case Law Update: Oregon Trial Court Rolls Back BOLI Guidance on Overtime Laws Thursday May 25, 2017 By: William Taaffe
Legal Alert Automotive Defense Personal Lines Washington Case Law Update: Post-Arbitration Sanctions Are Not Considered When Determining Whether a Party Improved its Position at Trial De Novo Thursday May 25, 2017 By: Kyle Riley
Legal Alert Washington Case Law Update: Recreational Immunity Applies Only if Land is Held Open to Public Solely for Recreational Use Thursday May 18, 2017 By: Kyle Riley
Legal Alert Construction Defect Litigation Oregon and Washington Case Law Update: Insurance Coverage Cases with “Okay” and “Awful” Results Wednesday May 17, 2017 By: Firm Authorship
Legal Alert Oregon Case Law Update: Plaintiff Must Provide Substantiating Information with ORS 20.080 Demand to Recover Attorney Fees Wednesday May 10, 2017 By: Firm Authorship
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Webinar Commercial Liability Defense First & Third Party / SIU General Litigation Personal Lines Professional Lines (EPL,D&O,E&O) Utilizing Probability Analysis in Claims Evaluation: A Systematic Approach Thursday May 4, 2017 By: Firm Authorship
Legal Alert Washington Case Law Update: Contract Cannot Bar CPA Claim Thursday April 27, 2017 By: Kyle Riley
Legal Alert PIP Oregon Case Law Update: Evidence Required to Establish Excusable Neglect Tuesday April 25, 2017 By: Josh Hayward
Legal Alert Washington Case Law Update: Speculation Does Not Create Issue of Material Fact Thursday April 20, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Products Liability Washington Case Law Update: Manufacturer Has Duty to Warn If Product Required Use of Hazardous Component Thursday April 13, 2017 By: Kyle Riley
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Webinar Commercial Liability Defense Minor Settlement Personal Lines Wrongful Death Minor Settlements and Wrongful Death in Oregon & Washington Friday April 7, 2017 By: Firm Authorship
Legal Alert PIP Oregon Case Law Update: Contextually Ambiguous Liability Waiver Does Not Limit Tort Liability Thursday April 6, 2017 By: Firm Authorship
Legal Alert Personal Lines UM/UIM Washington Case Law Update: Final Judgment In UIM Action Does Not Bar Subsequent Bad Faith, IFCA Claims Thursday April 6, 2017 By: Kyle Riley
Legal Alert Commercial Liability Defense Jobsite Injury Washington Case Law Update: Jobsite Owner Not Entitled to Reduce Liability by Allocating Fault Thursday March 30, 2017 By: William Taaffe
Legal Alert Commercial Liability Defense Products Liability Washington Case Law Update: Manufacturers of Medical Supplies Must Warn Purchasers of Potential Risks Thursday March 23, 2017 By: Kyle Riley
Legal Alert PIP Oregon Case Law Update: PIP Benefits Do Not Include Medical-Related Transportation Costs Thursday March 16, 2017 By: Josh Hayward
Legal Alert Washington Case Law Update: Borrowed Servant Doctrine is Jury Question Where Complete Control is Disputed Thursday March 9, 2017 By: Kyle Riley
Legal Alert PIP Oregon Case Law Update: Ninth Circuit Scraps Lawsuit against Rape Accuser under Oregon’s anti-SLAPP Law Thursday March 2, 2017 By: Josh Hayward
Legal Alert Employment Update: FLSA Overtime Rule Blocked Until May 2017 Wednesday February 22, 2017 By: William Taaffe
Legal Alert Commercial Liability Defense Personal Lines Washington Case Law Update: No Independent Cause of Action for Regulation Violation under IFCA Thursday February 16, 2017 By: Kyle Riley
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Webinar Commercial Liability Defense 2016 – A Year In Review, Oregon and Washington Commercial Lines Wednesday February 15, 2017 By: Firm Authorship
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Webinar Construction Defect Litigation Design Professionals Developers General Contractors Slip and Fall Subcontractors Wrap Policies Surety Oregon & Washington Construction Law Master Class Thursday February 9, 2017 By: Paul Sheely
Legal Alert Washington Case Law Update: When Does Employer Immunity Protect the Employee? Thursday February 9, 2017 By: Kyle Riley
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Webinar Personal Lines 2016 – A Year In Review Oregon and Washington Personal Lines Friday February 3, 2017 By: Firm Authorship
Legal Alert Oregon Case Law Update: Defendant’s Constructive Knowledge of Abuse Sufficient to Overcome Summary Judgment Thursday January 26, 2017 By: Ryan McLellan
Legal Alert Wrongful Death Washington Case Law Update: Wrongful Death Claim Accrued Upon Murderer’s Conviction Thursday January 26, 2017 By: Kyle Riley
Legal Alert General Litigation Washington Case Law Update: Service by Mail Requires Evidence that Defendant is Avoiding Service Thursday January 19, 2017 By: Kyle Riley
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
Legal Alert General Litigation Washington Case Update: Efficient Proximate Cause Rule Applies only to Losses with Two or More Causes Tuesday January 10, 2017 By: Kyle Riley
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Webinar Commercial Liability Defense Construction Defect Litigation Laying the Foundation: The Basics of Oregon and Washington Construction Law Tuesday January 3, 2017 By: Michael Staskiews
Award & Recognition Commercial Liability Defense Construction Defect Litigation Dram Shop & Tavern Keeper Jobsite Injury Personal Lines Premises Liability Professional Lines (EPL,D&O,E&O) Four Smith Freed Eberhard Attorneys Recognized as 2020 Super Lawyers and Rising Stars. Thursday February 20, 2020 By: Firm Authorship
Award & Recognition Commercial Liability Defense Construction Defect Litigation Personal Lines 2019 Super Lawyers Recognizes 7 SFE Attorneys! Monday December 30, 2019 By: Firm Authorship
Award & Recognition Commercial Liability Defense Construction Defect Litigation Personal Lines The Best Lawyers in America© 2019 Announced Thursday November 21, 2019 By: Firm Authorship
Award & Recognition Commercial Liability Defense Construction Defect Litigation Personal Lines Smith Freed Eberhard Named Best Law Firm in America 2020. Thursday November 21, 2019 By: Firm Authorship