$10 Million Punitive Damages Award Violative of the U.S. Constitution
Legal Alert
From the Desk of Melanie Rose: The U.S. Constitution prohibits a state from depriving a person of life, liberty, or property without due process of law. The U.S. Supreme Court has held that this prohibition is implicated in, and sets…
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Monday August 19, 2024
By: Melanie Rose
Secured Motion to Dismiss: Personal Jurisdiction in RV Collision Case
Success Story
https://youtu.be/SmRLuA4jAi4?si=K2QhBoF401I_54-l&t=1 Claims Alleged: Strict Liability, Negligence, Breach of Implied Warranty of Merchantability and Fitness, Breach of Express Warranty, and Breach of Contract. The Overview: Partner Melanie Rose and her Associate Duncan Campbell recently prevailed on a motion to dismiss due to…
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Monday July 29, 2024
By: Melanie Rose
The Term “Negligence” Is Not Required, but Probably Necessary to Shield Contracting Party from Liability
Legal Alert
From the Desk of Melanie Rose: Contract clauses limiting a party’s tort liability, although generally disfavored, are enforced by Oregon courts when doing so clearly aligns with the intent of the parties. Intent is determined by considering the language of…
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Wednesday July 24, 2024
By: Melanie Rose
Commercial Lines in Oregon and Washington: Recent Case Updates
Webinar
Join Smith Freed Eberhard managing partner Bill Taaffe and partner Kyle Riley as they provide a basic overview of Oregon and Washington commercial cases in 2023 and early 2024 and their impact on commercial lines claims management. View the Recording…
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Tuesday July 9, 2024
By: Firm Authorship
When Must a University Protect a Student from Harm Inflicted by a Third Party?
Legal Alert
From the Desk of Brian Schiewe: Generally, there is no duty to protect others from harm, including harm caused by the conduct of a third party. A duty may arise, however, when one has a special relationship with a potential…
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Tuesday July 2, 2024
By: Brian Schiewe
Violation of the Oregon Insurance Code Sufficient to Give Rise to First-Party Claim for Emotional Distress Damages
Legal Alert
From the Desk of Melanie Rose: Historically, Oregon courts have limited first-party insurance cases to claims sounding in contract, largely rejecting tort claims in first-party cases absent a special relationship between the carrier and insured that was separate and distinct…
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Wednesday June 5, 2024
By: Melanie Rose
Plaintiff’s Preexisting Medical Condition Does Not Always Require The “Substantial Factor” Jury Instruction
Legal Alert
From the Desk of Josh Hayward: Multiple potential causes exist in many negligence cases. A defendant might argue, for example, that a plaintiff’s alleged injury was caused by the plaintiff’s preexisting condition, and not the defendant’s negligence. Jury instructions can…
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Thursday February 22, 2024
By: Josh Hayward
Negligent Claims Handling & Extracontractual Damages
Webinar
Join Smith Freed Eberhard Partners Melanie Rose and Cliff Wilson as they discuss one of the most significant cases relating to Oregon Insurance law in recent memory, Moody v. Oregon Community Credit Union. This case, which has now been upheld…
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Wednesday February 14, 2024
By: Firm Authorship
When is a Landowner Allowed to Delegate the Duty of Care to an Independent Contractor to Ensure Others’ Safety?
Legal Alert
From the Desk of Brian Schiewe: In a recent Washington State Supreme Court decision, the Court affirmed that a landowner may delegate to a qualified independent contractor its duty to invitees to remediate known or obvious dangers. In premises liability…
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Wednesday January 3, 2024
By: Brian Schiewe
Preserving Precedent: Defending Commercial Landlord Liability Through Recent Victory in High Exposure Dog Bite Case
Success Story
Claims Alleged: Dog Bite Liability, Commercial Landlord Liability, and Negligence The Overview: Seattle Partner Brian Schiewe and his associate recently prevailed on a motion for summary judgment in a high exposure matter involving a vicious dog attack. Brian’s clients were an apartment…
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Thursday October 26, 2023
By: Brian Schiewe
Can a Medical Professional be Liable to a Patient’s Caregiver?
Legal Alert
From the Desk of Melanie Gillette: A medical professional owes a duty of care to their patients, but can a medical professional be liable for physical injuries to a third party who is not their patient? Read on for more……
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Tuesday October 10, 2023
By: Melanie Gillette
The Risk of Attorney Fees in UIM Cases: A Brief Update on Recent Case Law
Webinar
Join Smith Freed Eberhard Partner Ashley Nagrodski and Senior Associate John Barton as they discuss a recent significant case, Ratty v. Progressive, and the timeline of UIM claims handling in the state of Washington. This case is important for insurers…
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Tuesday September 5, 2023
By: Firm Authorship
Don’t Walk on Thin Ice: The Defense of Implied Primary Assumption of the Risk May Render Unavailable in Snow and Ice Slip and Fall Cases
Legal Alert
From the Desk of Brian Schiewe: The Washington State Court of Appeals (Div. III) recently reversed the summary judgment dismissal of a slip-and-fall on ice that was based on Defendants’ affirmative defense of primary assumption of risk. In Washington, primary assumption…
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Thursday June 8, 2023
By: Brian Schiewe
Plead it or Weep: You Can’t Assert a New Theory of Liability in Response to a Motion for Summary Judgment
Legal Alert
From the Desk of Josh Hayward: A motion for summary judgment can be defeated with a showing of a genuine issue of material fact. But can a party bring up new theories of liability—not asserted in the pleadings—in a response…
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Thursday May 18, 2023
By: Josh Hayward
Commercial Lines in Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard Partners, Kyle Riley and Ashley Nagrodski, as they discuss significant commercial lines cases from 2022 in Washington with a focus on the impact these cases will have on commercial lines claims management. Watch The Recording Watch…
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Wednesday May 10, 2023
By: Firm Authorship
Commercial Lines in Oregon – 2022 Year in Review
Webinar
Join Smith Freed Eberhard Managing Partner Bill Taaffe and Partner Melanie Rose as they discuss significant commercial lines cases from 2022 in Oregon with a focus on the impact these cases will have on commercial lines claims management. Watch The Recording…
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Monday April 24, 2023
By: Firm Authorship
Oregon Court of Appeals Rules Special Relationship Required for Purely “Psychic Damages” in Negligence Claims
Legal Alert
From the Desk of Melanie Rose: Recently, the Oregon Court of Appeals was asked to clarify when a plaintiff may recover noneconomic damages in a negligence case when the Plaintiff did not suffer a physical injury. Claims Pointer: In this…
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Wednesday February 1, 2023
By: Melanie Rose
When Can a Claimant Sue a Retailer In Lieu of a Product Manufacturer and Who Has The Burden Proof Under the Washington Products Liability Act (“WPLA”)?
Legal Alert
From the Desk of Brian Schiewe: The WPLA limits when a retailer of a product can be sued in lieu of the product’s manufacturer. These statutory conditions generally turn on whether the plaintiff can prove that the chances of collecting…
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Wednesday January 18, 2023
By: Brian Schiewe
