Personal Injury / Wrongful Death

We represent individuals and companies involved in controversies alleging wrong or damage to another person’s rights, reputation, or property resulting from events or activities such as auto accidents, defective products, premises liability, intentional misconduct, wrongful death, negligence, and virtually any type of injury involving the allegation of wrongful or negligent conduct on the part of another. ^Top of page

Employment Liability

Our practice encompasses a wide range of employment-related matters. We have handled many types of employment disputes for employees and employers, including equal opportunity issues; wrongful discharge; gender, age, race, disability, national origin, and religious discrimination in violation of State and Federal law; actions alleging violation of the Equal Pay Act; violation of the Fair Labor Standards Act; violation of the National Labor Relations Act; violation of the Americans with Disabilities Act; violation of other state and federal wage and hour laws; whistle-blowers, tenure disputes, Title IX, and numerous other employment issues. Our attorneys represent clients in proceedings before federal and state courts, including appellate representation. ^Top of page

Liquor Liability

Our firm defends “dram shop” claims against taverns, restaurants, and social hosts. We represent several insurance carriers that write only liquor law liability coverage. ^Top of page

Premises Liability

We have substantial expertise in managing the whole realm of premises liability claims involving design, construction, and manufacturing defects. We handle and try cases ranging from the typical “slip and fall” claim, to more serious matters involving assault and battery in which allegations of inadequate security are made. Our experience includes retail establishment security cases, parking lot, apartment; wet floor, latent defect, and attractive nuisance claims, as well as property claims involving damage to land by virtue of design difficulties.^Top of page

Products Liability

Our lawyers handle cases involving construction equipment, home-use products, and a vast array of other products. ^Top of page

Discrimination / Civil Rights Claims

A part of our practice involves the representation of municipalities, municipal officials and individuals who have been sued for discrimination in a variety of civil rights claims.  We have successfully represented law enforcement personnel, fire protection personnel, elected and appointed officials and numerous other public employees, in both State and Federal courts, against a variety of alleged civil rights violations, including, but not limited to, claims arising out of discrimination in hiring, housing and in other areas, equal protection, free speech, due process (both procedural and substantive), excessive force, unlawful searches and seizures, false arrests, high speed pursuits and takings. ^Top of page

Professional Malpractice, including Dental, Medical, Accounting, and Legal

We represent a broad spectrum of clients including injured individuals, healthcare providers and affiliated entities, architects, engineers, accountants, insurance agents, security professionals, lawyers and others.  Our attorneys have extensive expertise in representing clients involved in malpractice cases, and we understand the unique issues involved.  This experience extends not only to jury trial verdicts, but also to arbitrations, mediations and all venues of alternative dispute resolution.  Firm members are also active in advising clients on prelitigation claims to avoid costly litigation on a loss prevention basis. ^Top of page

Sexual Abuse Liability

The firm handles the defense and prosecution of employment discrimination and employment-related litigation in the areas of sexual harassment and abuse.  Our practice has responded to the increased volume of sexual abuse claims, including cases involving educational institutions, clergy misconduct and non-profit organizations. ^Top of page

Motor Vehicle Liability

Over the years, the firm has litigated hundreds of automobile accident cases.  During this time, we have developed knowledge and expertise in the fields of medicine, biomechanics and accident reconstruction to facilitate expert testimony.  Our courtroom experience in such claims has resulted in favorable decisions at both trial and appellate levels. ^Top of page

Uninsured – Underinsured Motorists

Our familiarity with construction and interpretation of automobile insurance policies has placed the firm at the forefront in handling coverage and other issues related to uninsured and underinsured motorist claims, including litigation and arbitration in Oregon and Washington.  Our attorneys have handled many simple and complex issues involving uninsured and underinsured motorists coverage for a number of diverse clients. ^Top of page

Trucking Liability

Our firm has experience and a successful history of handling property damage and personal injury claims involving the trucking industry.  We work with both national and regional trucking lines.  We are sensitive to the stringent requirements placed on the trucking industry.  Due to Department of Transportation requirements and the fact the trucking industry presents the largest target on U.S. Highways for plaintiffs’ attorneys, it is important to have defense counsel with the background and ability to efficiently evaluate a case, conduct discovery and formulate a plan of action that will effectuate a prompt resolution through to trial, if necessary. ^Top of page

Fire Loss

The firm’s practice area includes arson claims, subrogation and related first-party litigation.  Our attorneys have experience in handling fire claims ranging from small automobile and house fires up to multi-million dollar commercial and industrial fire claims.  We have the expertise necessary to assist in fully evaluating and handling any fire-related claims.  Our relationships with engineers, fire loss investigators and other fire loss specialists have aided us in evaluating potential claims and bringing them to a successful conclusion. ^Top of page

First - Party Insurance Litigation

The firm concentrates much of its work in the field of first-party insurance litigation, representing clients in the Federal and State courts throughout Oregon and Washington. ^Top of page

Coverage Opinions / Litigation

Mitchell, Lang & Smith handles a wide range of insurance and insurance-related litigation for businesses and individuals.  Our attorneys are experienced in handling lawsuits seeking extra-contractual and punitive damages relating to alleged breaches of insurance contracts and so-called “bad faith” cases. 

Our practice extends to D & O liability insurance for corporate officials.  Related to this is our work involving fidelity, fiduciary, and bankers’ blanket bonds.  We have also handled numerous coverage matters involving E & O liability insurance for various professions including law and accounting.  The firm also provides coverage advice on indemnity insurance, employers’ liability insurance and the obligation to provide maintenance and cure benefits. ^Top of page

Property Loss

Such claims include suspicious fires, questionable burglary and theft claims, fraudulent auto theft claims and staged auto accidents. We also represent clients who have incurred property damage as a result of severe weather conditions or natural disasters, including flood damage, storm related damage and forest fires.  We handle EUOs of insureds, claimants, informants or persons who claim to be insureds where there is a question of whether the policy was void because of misrepresentations before or since the date of loss.

Our aim is to provide legal guidance to our clients during the investigation phase so that if a claim is denied the Company will be in a good position to defend that denial.  We’ve adopted procedures and standards to help clients fairly, quickly and economically make their claims decisions.  We have litigated and, perhaps more significantly, helped our clients avoid litigation over so-called bad faith accusations. ^Top of page

Environmental and Toxic Torts Claims

Toxic environmental claims can result in millions of dollars in potential liability.  It is important that the firms handling these cases have knowledge of the complex array of State and Federal laws that may apply.  We represent clients who have been injured as a result of exposure to toxic substances and companies sued for personal injury or damage to property by people who claim to have been exposed to releases of toxic materials, including asbestos litigation, mold-related claims, soil and groundwater pollution, and sick building syndrome.  We have extensive experience litigating questions concerning the use of scientific expert evidence, especially epidemiology evidence, in toxic tort cases. ^Top of page

Construction Defects

Residential and commercial construction projects involve a multitude of potential legal issues.  Our firm has represented builders, general contractors, subcontractors, sureties, professionals and product manufacturers either on behalf of the carrier or directly in controversies involving construction defects causing personal injury or property damage. ^Top of page

Environmental Coverage

Clients of all sizes and from a range of industries benefit from our experience on publicly visible, environmentally sensitive matters.  We have represented clients in complex transactions, rule-making and compliance disputes and have litigated environmental cases in U.S. District courts, State courts and U.S. Courts of Appeal. ^Top of page

Business and Commercial Claims

Our firm has a wide range of expertise in handling and litigating a variety of commercial and business disputes in State and Federal courts.  We are adept at handling complex litigation and where appropriate strive to achieve early resolution of matters either through mediation or settlement negotiations. ^Top of page

Aviation Claims

Our attorneys have both the professional and personal experience to assist clients at the scene of aviation accident sites immediately post-accident.  We understand the aviation industry, including engineering, science and technology aspects that allow us to begin preparing our clients’ cases from the time an accident happens.  Our representation extends to both victims and defendants in both commercial and private aviation accidents involving property damage, personal injury, and wrongful death. ^Top of page