7/21/21 - Washington Supreme Court Says Termination Of A Contract, Not For Default, Equals A Termination For Convenience The Briefing With Smith Freed Eberhard podcast

11:23

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 Combined with Discovery Violations Are Sanctionable by Default Judgment". A default judgment on liability is an appropriate discovery sanction when spoliation - combined with multiple discovery violations – makes it difficult for the opposing party to uncover the spoliation.…

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When Underlying Conditions Don’t Automatically Prove Causation 9:26

3 years之前9:26

9:26

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 Don’t Automatically Prove Causation". The Oregon Court of Appeals examined an appeal by Roberta and Kevin Haas (“Plaintiffs”) who claimed that the trial court erred when it refused to give the substantial-factor jury instruction in addition to the but-for instruction.…

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Au Contraire: Even the Smallest Contradictions in Deposition Testimony Can Make or Break a Case 8:41

3 years之前8:41

8:41

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 Smallest Contradictions in Deposition Testimony Can Make or Break a Case". Division One of the Washington State Court of Appeals analyzed the testimony of a plaintiff who claimed she was injured when a King County Metro bus clipped her parked car.…

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Arbitration Agreements Trump Elder Care 8:08

3 years之前8:08

8:08

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 Elder Care". The Court of Appeals of Washington Division Two, held that the trial court erred in denying an assisted living facilities motion to compel arbitration because RCW 70.129.105 does not prohibit its arbitration agreement with a resident.…

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It’s All in The Fine Print – Are Arbitration Clauses Unconscionable and Do They Apply Retroactively? 15:22

3 years之前15:22

15:22

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 – Are Arbitration Clauses Unconscionable and Do They Apply Retroactively?". The Washington Court of Appeals held that the trial court erred in denying a motion to compel arbitration without first having an evidentiary hearing, because the facts were insufficient to support a finding that the arbitration agreement was unconscionable.…

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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 14:13

3 years之前14:13

14:13

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 Oregon? Are the floodgates about to open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages”. The Oregon Court of Appeals has recently held that a negligence per se claim brought by an insured based on alleged violations of Oregon’s Unfair Claims Settlement Practices Statute (ORS 746.230) can give rise to emotional distress damages against an insurer who denied coverage.…

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Airbnb and Hot Tub Liability: Read This Before Your Next Vacation 9:41

3 years之前9:41

9:41

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 Tub Liability: Read This Before Your Next Vacation".…

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Silence Isn't Always Golden 9:20

3 years之前9:20

9:20

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 Always Golden".…

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Insurers Downwind of Lawyer Theft: Must Send Notice Directly To Claimant Whenever They Settle Their Claim 7:27

3 years之前7:27

7:27

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 180, "Insurers Downwind of Lawyer Theft: Must Send Notice Directly To Claimant Whenever They Settle Their Claim".…

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Have You or A Loved One Been Exposed to Damages Inconsistent with the Pleading? 9:30

3 years之前9:30

9:30

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 the largest numbers that appear in the Complaint—even if the damages alleged in the body of the Complaint do not total the prayed for amount. The Court placed responsibility on defendants to clarify typos or inconsistencies in a plaintiff’s pleading to mitigate any increased damage exposure that may result.…

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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 13:59

3 years之前13:59

13:59

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. 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". This case highlights how important it is to consider how a Court might calculate the amount of an Offer of Judgment against multiple defendants, when those defendants had previously made separate pre-filing settlement offers.…

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11/23/21 - Love Thy Neighbor, but Don't Ignore Your Property Rights 10:05

3 years之前10:05

10:05

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 Neighbor, but Don't Ignore Your Property Rights". In this case, the Oregon Court of Appeals determined that Defendants gained a prescriptive easement over Plaintiff's property through open, notorious, adverse, continuous, and uninterrupted use of the property.…

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10/20/21 - Oregon Supreme Court Allows UM/UIM Stacking Among Multiple Policies Issued by Same Insurer 12:12

3 years之前12:12

12:12

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, "Oregon Supreme Court Allows UM/UIM Stacking Among Multiple Policies Issued by Same Insurer". In this case, the Oregon Supreme Court determined that an anti-stacking provision in an uninsured/underinsured (UM/UIM) policy was unenforceable, holding that any attempt to limit the amount of UM/UIM coverage from multiple applicable policies to the policy limit of just one of them through an “other similar coverage” provision was less favorable to the insured than allowed by Oregon’s statutory UM/UIM model policy language.…

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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 15:29

3 years之前15:29

15:29

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 Third Times the Charm. Oregon Supreme Court Examines Wright III to Explain the Difference Between Fault and Causation in an Underinsured Motorist Claim". In this case, the Oregon Supreme Court ultimately decided that (1) the underlying liability of the negligent drivers did not determine the limits of Plaintiff’s UIM coverage; (2) the jury could properly conclude that it could not apportion damages between two accidents; and (3) the jury was permitted, but not required, to find that both accidents caused Plaintiff’s injuries under settled principles of causation.…

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9/16/21 - Words Heard Beyond the Grave: Washington Appellate Court Determines When a Deceased Party’s Statements Are Admissible 10:05

3 years之前10:05