$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
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
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
A Sigh of Relief from Oregon Landlords as Oregon Court of Appeals Determines a Tenant Cannot Receive “Per Violation” Damages
Legal Alert
From the Desk of Sean K. Conner: In recent years, the measure of damages recoverable under the Oregon Residential Landlord Tenant Act’s utility billing provisions has been a hot topic at the trial-court level, with courts issuing many conflicting opinions…
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Wednesday July 20, 2022
By: Sean Conner
The Defenses Landlords Can Raise Are Limited to the ORLTA
Legal Alert
From the Desk of Melanie Rose: When a landlord is being sued for an alleged uninhabitable condition, the Oregon Residential Landlord and Tenant Act (“ORLTA”) provides the landlord with a few statutory defenses to a tenant’s attempt to recover damages…
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Monday June 13, 2022
By: Melanie Rose
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. Watch The Recording Enter your email below to…
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Thursday March 10, 2022
By: Kyle Riley
Personal Lines in Oregon and Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson as they discuss significant personal lines cases of 2021 in Oregon and Washington with a focus on the impact these cases will have on personal lines claims management. Watch The Recording Enter your email…
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Wednesday January 26, 2022
By: Josh Hayward
Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders
Success Story
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…
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Wednesday October 13, 2021
By: Firm Authorship
Limitless: How are Statutes of Limitations Tolled When the Cause of Action is Concealed?
Legal Alert
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…
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Monday July 5, 2021
By: William Taaffe
The Briefing: Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
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 Cliff…
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Wednesday June 16, 2021
By: Cliff Wilson
Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
Legal Alert
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…
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Monday May 10, 2021
By: Jeff Eberhard
Washington Commercial Lines – 2020 Year in Review
Webinar
Smith Freed Eberhard partner Kyle Riley discusses significant cases of the past year in Washington, with a focus on commercial lines claims management. Watch The Recording Enter your email below to request more information on this webinar. > Why Watch…
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Friday April 2, 2021
By: Kyle Riley
4th and 10… An Improbable Comeback Win at the Washington Court of Appeals
Success Story
Claims Alleged: Appeal from Summary Judgment Dismissal of Adverse Possession and Prescriptive Easement Claims The Overview: Smith Freed Eberhard Partner, Ashley Nagrodski, and her associate achieved a compelling win for their clients in the Washington Court of Appeals when the court…
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Tuesday December 1, 2020
By: Ashley Nagrodski
Misrepresentations During the Rental Application Process Do Not Preclude a Tenant from Rights and Remedies Under the ORLTA
Legal Alert
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…
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Friday November 6, 2020
By: Jeff Eberhard
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.”
Legal Alert
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…
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Friday October 23, 2020
By: Josh Hayward
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.
Legal Alert
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…
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Thursday March 19, 2020
By: Josh Hayward
A Swift and Speedy Settlement
Success Story
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…
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Friday December 20, 2019
By: Firm Authorship
Oregon Landlord Tenant Law for Commercial General Liability Insurers and Claims Representatives
Webinar
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. Watch The Recording Enter your email below to request more information on this…
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Thursday May 16, 2019
By: Firm Authorship
