Smith Freed Eberhard is The Pacific Northwest's premier insurance defense law firm. We believe every problem has a solution and we play to win. The Briefing will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news.
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Spoiler Alert! Spoliation Combined with Discovery Violations Are Sanctionable by Default Judgment
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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 Brian Schiewe publishes Smith Freed Eberhard's latest Legal Alert, "Spoiler Alert! Spoliation Co…
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When Underlying Conditions Don’t Automatically Prove Causation
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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 Josh Hayward publishes Smith Freed Eberhard's latest Legal Alert, "When Underlying Conditions Do…
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Au Contraire: Even the Smallest Contradictions in Deposition Testimony Can Make or Break a Case
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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 Brian Schiewe discusses Smith Freed Eberhard's latest Legal Alert, "Au Contraire: Even the Small…
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Arbitration Agreements Trump Elder Care
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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 Gordon Klug discusses Smith Freed Eberhard's latest Legal Alert, "Arbitration Agreements Trump E…
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It’s All in The Fine Print – Are Arbitration Clauses Unconscionable and Do They Apply Retroactively?
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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 Gordon Klug discusses Smith Freed Eberhard's latest Legal Alert, "It’s All in The Fine Print – A…
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First-Party Bad Faith in Oregon? Are the floodgates about to open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
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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 Cliff Wilson discusses Smith Freed Eberhard’s latest Legal Alert, “First-Party Bad Faith in Oreg…
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Airbnb and Hot Tub Liability: Read This Before Your Next Vacation
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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 Abby Ferguson, Marketing Manager, discusses Smith Freed Eberhard's latest Legal Alert, "Airbnb and Hot T…
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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 Abby Ferguson, Marketing Manager, discusses Smith Freed Eberhard's latest Legal Alert, "Silence Isn't Al…
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Insurers Downwind of Lawyer Theft: Must Send Notice Directly To Claimant Whenever They Settle Their Claim
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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 Abby Ferguson, Marketing Manager, discusses Smith Freed Eberhard's latest Legal Alert about Senate Bill …
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Have You or A Loved One Been Exposed to Damages Inconsistent with the Pleading?
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The Court of Appeals held that a plaintiff does not need to produce evidence that shows the plaintiff was exposed to the asbestos-containing product at a particular time and location. Rather, a plaintiff only needs to provide evidence sufficient for a jury to believe exposure occurred. Further, the Court found that a jury can award damages based on…
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A Costly Miscalculation. Oregon Court of Appeals Finds that Multiple Defendants' Separate Settlement Offers May Not be Aggregated when Determining Whether to Award Attorney Fees Under ORS 20.080
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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 Wilson, Partner, discusses Smith Freed Eberhard's latest Legal Alert, A costly miscalculation. Ore…
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11/23/21 - Love Thy Neighbor, but Don't Ignore Your Property Rights
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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 Abby Ferguson, Marketing Manager, discusses Smith Freed Eberhard's latest Legal Alert, "Love Thy Neighbo…
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10/20/21 - Oregon Supreme Court Allows UM/UIM Stacking Among Multiple Policies Issued by Same Insurer
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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 Wilson, a Partner in the Oregon office, discusses Smith Freed Eberhard's latest Legal Alert, "Ore…
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9/30/21 - The Third Time's the Charm. Oregon Supreme Court Examines Wright III to Explain the Difference Between Fault and Causation in an Underinsured Motorist Claim
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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 Wilson, a Partner in the Oregon office, discusses Smith Freed Eberhard's latest Legal Alert, "The…
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9/16/21 - Words Heard Beyond the Grave: Washington Appellate Court Determines When a Deceased Party’s Statements Are Admissible
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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, Abby Ferguson, Marketing Manager, discusses Smith Freed Eberhard's latest Legal Alert, "Words Heard Bey…
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9/1/21 - Oregon Federal Court Joins Growing List of Courts to Decide Whether Lost Business Income From COVID-19 Closures Are Covered Under Insurance Policies
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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, Abby Ferguson, Marketing Manager, discusses Smith Freed Eberhard's latest Legal Alert, "Oregon Federal …
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8/25/21 - Washington Court of Appeals Paves the Road to Costly Attorneys’ Fees in Cases Affecting Title to Real Property
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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, Abby Ferguson, Marketing Manager, discusses Smith Freed Eberhard's latest Legal Alert, "Washington Cour…
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8/11/21 - Indemnification Promises: The Risks of Risk Transfer
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Justin Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard’s latest Legal Alert, “Indemnification Promises: The Risks of Risk Transfer”. This case arose out of an insurance company’s action seeking contribution from other insurers for claims and defense costs that it paid on behalf of its insured. Here, the Oregon Supreme Court c…
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7/21/21 - Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience
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In this week's episode, Justin Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard's latest Legal Alert, "Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience." Here, the Washington Supreme Court illustrates how the standard specifications incorporated into the subject con…
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6/17/21 - Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
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Cliff Wilson, Partner in the Portland, Oregon office, discusses his latest Legal Alert, "Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?" In this case, Plaintiff argued that Oregon statutes governing UM/UIM coverage require automotive insurers to provide UIM coverage for injuries incurred by occupants of an insured vehic…
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6/2/21 - A Substantial Benefit Leads to Substantial Fees
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Justin Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard’s latest Legal Alert, "A Substantial Benefit Leads to Substantial Fees." In this opinion, the Oregon Court of Appeals held that vindication of constitutional right(s) has never been the sole requirement in awarding attorney fees under a court’s equitable powers, and that …
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Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence
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Gordon Klug, Partner in the Seattle, Washington, office, discusses his latest Legal Alert, "Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence." In this opinion, the Washington Court of Appeals reviewed the Board’s decision in a WISHA appeal based o…
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5/20/21 - Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
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Justin Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard’s latest Legal Alert, "Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability". In this opinion, the Oregon Court of Appeals found that a slip-and-fall injury in an icy parking lot was covered by workers’ compensation. Notably, the parking lot was …
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5/12/21 - Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
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Justin Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard’s latest Legal Alert, "Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?". In this opinion, the Washington Supreme Court held that a landlord cannot be liable for a tenant’s dog biting a guest under a theory of premises liability. This opinion explicitl…
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5/6/21 - Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
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Justin Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard's latest Washington Legal Alert, "Hospitals Do Not Owe a Duty to Protect Others Against Violence of a One-Time Patient." In a recent case before The Washington Court of Appeals, Konicke v. Evergreen Emergency Servs., the court held that a hospital cannot be held liable fo…
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