Trial Results Archive

WSHB is proud to announce that Partner Bolam Kim, lead counsel in a highly contentious childhood lead paint case, has achieved a significant victory. The appellate decision, delivered on November 9, 2023, is poised to impact the industry significantly as a seminal decision for the defense in lead paint litigation and is sure to have broad application for future cases moving forward.

WSHB, a leading national law firm, has achieved a significant victory in securing discovery related to litigation funding in a highly contentious matter between the parties. The court order issued by the Superior Court of Waterbury, CT., mandated the disclosure of a plaintiff's application for a litigation loan, shedding light on the implications of third-party funding in legal proceedings.

In a remarkable trial victory, attorney Maggy Mazlin achieved a unanimous defense verdict, rejecting a $9 million settlement demand and concluding over 5 ½ years of litigation. The trial, held in Suffolk County, saw a jury deliberation of just 25 minutes on liability before determining that WSHB’s client was not negligent.

WSHB added another success to its trial scorecard for the Pennsylvania office late this evening. In a medical malpractice case involving one of its hospital clients, an arbitrator rejected outright the claim handing the victory to WSHB’s hospital client. This particular case involved a claim for wrongful death/survival. Led by esteemed trial partner Andy Kessler, WSHB’s legal team achieved an extraordinary outcome for our hospital client, marking a significant milestone in the pursuit of justice.

WSHB, a leading law firm specializing in complex litigation, secured a momentous victory on appeal in a high-stakes elder abuse and wrongful death lawsuit. Partner Marilyn Victor, Senior Counsel Joanna Dyriam, and Appellate Specialist Steve Disharoon, showcased their exceptional skills and expertise to secure a critical win for their clients.

WSHB, a leading national law firm, is pleased to announce the successful dismissal of its client in a high-profile wrongful death lawsuit following a two-week trial. The case involved a tragic collision on the 91 freeway, which resulted in the death of a young driver. WSHB's strategic defense team effectively navigated the complex legal landscape, leading to a favorable outcome.

We are pleased to announce a significant trial victory in the case involving allegations of sexual battery brought by plaintiff against her physician. Following a two week trial, the jury returned a defense verdict for WSHB’s client, a nephrologist and internal medicine specialist. 

WSHB is thrilled to announce a significant victory in the recent dismissal of a slip and fall lawsuit against their client. The plaintiff had demanded the policy limits of $1,000,000.00, but WSHB successfully obtained a complete dismissal of the case through a strategic motion for summary judgment. 

In a remarkable display of legal expertise and strategic thinking, Ashley Beagle, a partner at WSHB, together with rising associate Phillip Mendelson, achieved a significant milestone in a wrongful death action. Their motion for summary judgment, filed with precision and timeliness, resulted in the successful negotiation of dismissal for WSHB's client, in exchange for a waiver of attorney's fees and costs.

WSHB's Orange County office is celebrating a victory in trial, one that spanned eight weeks and involved a complex professional liability dispute involving an escrow company and escrow office. Partner, Catherine Deter, along with senior associate Frank Chatzipantsios, overcame unique challenges to obtain a favorable outcome. The clients faced 13 causes of action and in a 48 page statement of decision - the Judge sided with our clients and ruled that only minimal damages should be awarded as to one cause of action.

WSHB, a leading law firm specializing in litigation and advocacy, is proud to announce our success in prevailing in an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion. This motion effectively dismissed several claims brought against our esteemed client.

Congratulations are in order for partner Kelly Waters and senior counsel Brendan Johnson, who successfully argued a motion for summary judgment for the client! This case involved a plaintiff who brought suit against WSHB's client, the owner and general contractor of the oil refinery where the plaintiff fell and suffered injuries to his cervical spine. Plaintiff was employed by an established subcontractor at the work site at the time of his injury. Plaintiff's initial demand was five million dollars and was demanding 2.9 million dollars at the time of the decision.

The team of Michael Partos, Mary Dzharatanyan, and Rudolf Petrosyan from our Glendale office have successfully secured a summary judgment in favor of our client in a high-profile assault case involving a celebrity’s security guard.

We are thrilled to announce that Caroline Hopkins has secured a major victory for her client in a recent arbitration case in the state of Oregon. The case involved a claim for property damages for repairs stemming from construction-related activities. Caroline successfully defended our client, ultimately receiving a defense verdict!

WSHB is showing up for its clients in a big way in the courtroom! The construction community has been buzzing with anticipation since Plaintiff appealed a ruling of the Superior Court in a case with important implications for developers and general contractors throughout the state of California. We are thrilled that the Appellate Court issued its decision and affirmed the order of the Superior Court.

WSHB partners Christopher Heo and Jack Pemberton succeeded in their motion for summary judgment on behalf of the client, a resort vacation club, accused of negligence and premises liability after a patron was injured in a slip and fall incident.

In a spectacular win, Partner Keith Smith and Senior Counsel Courtney Jakofsky, successfully obtained summary judgment and a dismissal in a general negligence and premises liability case filed against their general contractor and owner clients by an employee of a subcontractor working on the project.

In a highly contested matter, Arizona partner Jodi Mullis successfully argued a motion for summary judgment decided in favor of the client. This case arose out of a construction project for an assisted living facility. WSHB's client was the contractor for the project and entered an AIA Document A 102-2017 Standard Form Agreement. A fireplace subcontractor was retained to install and/or construct the fireplaces and chimneys at the facility. Construction on the project was completed in December 2020, and several weeks later a fire caused significant damage to the property. The plaintiff claimed that it suffered $2,777,183.40 in damages as a result. This amount included damage to real property, personal property, the cost of rehousing residents and loss of business income. Of the claimed loss only $713,172.00 was not covered by insurance.

WSHB partner Joel Odou and associate Laura Bown secured a tremendous win for the client after arguing a successful motion for summary judgment before the court. In a case involving respondeat superior issues, the court found that the employer was not liable for the tortious actions of an employee that occurred after an off-site work event had ended at a local bar and restaurant.

Congratulations are in order for WSHB Nevada office managing partner Janice Michaels and senior associate Xheni Ristani who on a summary judgment win for the firm's client.

In a high-profile suit involving the City of New York, the NYC Department of Buildings, a former mayor, several lobbying firms and some of NYC's largest real estate developers, Senior Counsel John Darminio decisively secured a dismissal of our client, a large New York City commercial real estate consulting firm.

The Georgia Bulldog’s repeat National Championship has nothing on the Atlanta office of WSHB! Since December 1st, our superstar Atlanta team has secured five Motion for Summary Judgment rulings. Take a closer look at what's happening in the Peach State.

In a high-exposure wrongful death case, WSHB has succeeded in a motion for summary judgment in favor of all three WSHB-represented clients. WSHB partner Andrew Mallon and the team at the Orange County branch fought zealously for their clients to obtain the big win.

Thomas Vandenburg and Rudolf Petrosyan from our Glendale office have secured a summary judgment in favor of our client in a product liability case.

In a case before the Ninth Circuit, WSHB attorneys Tom Vandenburg and Nick Gedo successfully argued that the district court erred in refusing to grant intervention in a complex environmental tort case in which WSHB represented the insurers of a defunct defendant.

WSHB senior associate Zachary Fletcher secured a defense verdict for our Condominium Association client. Notably, plaintiff claimed damages of over $5.5 million and potential exposure in excess of $8-10 million. Before trial, Plaintiff issued a non-negotiable $1,350,000 settlement demand, which we flatly rejected. Zack’s analysis was validated by the jury, who deliberated for about one hour before returning with a defense verdict following the three-day trial.

Following a week-long hearing, a three-person Panel of Arbitrators dismissed Claimant's allegations that WSHB's client violated several provisions of state and securities laws, seeking $1.4 million in damages, in favor of our client.

In a high-profile, high-exposure products liability case involving allegations of a defective cannabis leaf trimmer that caused serious injuries, the United States District Court for the District of Colorado granted summary judgment in favor of the manufacturer. WSHB partner Ryan Hicks and his team prevailed in navigating this victory.

Sometimes the defense is so strong that the case is gutted before it makes it to the jury. That is the result in a Santa Barbara matter where WSHB trial lawyer Frances O’Meara prevailed on her motion for a directed verdict following plaintiff’s case in chief. Focus on this case now moves to cost recovery given the result and beating the statutory offer to compromise.

When two companies both catering to the rich and famous of Orange County tried to merge, and failed, litigation was bound to ensue. Thankfully, for one of the companies, Rebecca Gabroy was the trial lawyer.

Following an eight-week bench trial, plaintiffs dropped its $6 million dollar plus demand and accepted a dismissal with a cost waiver. This trial victory, led by WSHB trial lawyer Rebecca M. Gabroy, underscored a hard fought battle in a complex defamation, breach of contract, lost profits and punitive damage case which endured many failed mediations.

Following a protracted trial, an Orange County jury handed an impressive win for WSHB trial lawyers Sheila Fix and Greg Amundson in a habitability case. Notably, this trial started on March 29 and the verdict was handed down almost three months later.

Following a three-week trial, a Los Angeles jury rejected a $45 million demand for a fatality in a jet ski accident in favor of Wood, Smith, Henning & Berman’s client.

In another victory for the team at WSHB, partner Ranjan Lahiri and senior counsel Sarah Spaulding obtained an outstanding verdict for the client, defeating Plaintiff’s 998 offer. Plaintiff who was injured while inside a self-storage unit demanded $1,175,000 in damages.

 Another trial “first” for national law firm Wood, Smith, Henning & Berman last week when a Los Angeles jury returned the verdict. Tried by sibling partners, Tracy and Paul Lewis, this case represents a brother-sister trial duo that defeated plaintiff’s claim for over $2.4 million. 

Thirty-one days of trial testimony have culminated in a resounding defense verdict in a trial involving a commercial property in Orange County, California. After six hours of deliberation, the jury rejected a myriad of claims from the plaintiff, who leased a restaurant in a commercial area. Plaintiff claimed damages against the building property owner and management company exceeding $10.5 million, plus punitive damages and attorney fees.

A San Diego jury returned a defense verdict after deliberating for less than one hour in a closely watched habitability case involving a plaintiff claiming significant injuries from bedbugs. WSHB partner Paul Lewis successfully argued to the jury that plaintiff’s claim for over $500,000 in damages should be rejected in its entirety, a decision they embraced wholeheartedly.

In a closely watched trial, a Los Angeles County jury rejected the plaintiff’s demand for approximately $20 million in damages for a case involving allegations of traumatic brain injury, spinal injuries, and injuries to the cranial nerves of an eye caused as a result of a car accident. After deliberating for approximately 11 hours, the jury awarded $252,049.47. Noted by trial attorney Fred Vasquez, this amount was appreciably less than the policy limits demanded during the pendency of this case.

WSHB secured a significant victory for carriers in the Lloyd’s of London insurance market yesterday when the Ninth Circuit affirmed an order compelling arbitration under the Convention on the Recognition of Foreign Arbitral Awards (the “Convention”). In its holding, the Ninth Circuit made clear that foreign insurers, like those participating in the Lloyd’s of London insurance market, can enforce arbitration provisions, even if a state statute prohibits their enforcement in insurance contracts. This decision should pave the way for foreign insurers to enforce arbitration provisions. Underwriters and their third-party administrator were represented by WSHB’s coverage team of Colleen McCaffrey and Trevor Peck.

On March 3, 2021, the Los Angeles County Superior Court granted Underwriters’ motion for summary judgment in a $3.5 million bad faith lawsuit. Underwriters were represented by WSHB’s insurance coverage team of Tracy Lewis and Ricky Zelonka. The case stemmed from an insurance coverage dispute arising out of a fire to residential real property in Hawaii in the summer of 2017. The Hawaii property was covered under a lender placed program issued to an international property management company. After Underwriters received the claim, the Company filed for bankruptcy and it was discovered that they engaged in a multi-year $1 billion Ponzi scheme. While Underwriters were adjusting the claim and considering the impact of the pending bankruptcy, the Company filed a bad faith lawsuit in California state court. Underwriters’ defense to the lawsuit was that the Policy was void ab initio due to the Company's concealment of the true nature of its business and representing itself as a commercial lender when it procured the Policy.

WSHB’s elite national trial team obtained a defense verdict from a jury in Orange County, California, on behalf of a property management company that specializes in community associations. The defendant was accused of wrongfully terminating an 11-year tenured employee while he was out on medical leave for treatment of Stage 4 cancer.

This trial, the team’s second case taken to verdict during the Covid-19 pandemic, was conducted under less than ideal circumstances with social distancing being enforced by spreading jurors throughout the courtroom, impacting sight lines to witnesses and exhibits, and everyone being required to wear masks, which made both hearing and judging credibility difficult. Through extra effort, strategizing, planning and physical positioning during different phases of the trial, WSHB’s trial team was able to navigate the new difficulties created by the distancing requirements.

WSHB Cybersecurity & Data Privacy team lead Christopher Seusing, along with senior counsel Ryan Schoeb, obtained a dismissal of a putative data breach class action brought against the firm's client, one of Florida’s largest healthcare providers.

Nationally acclaimed trial lawyer, WSHB Partner Andrew Kessler, secured summary judgment in a matter pending in the Court of Common Pleas of Bucks County, Pennsylvania, in favor of our clients, a temporary staffing agency and one of the temporary employees that it placed with a third party company. Plaintiff, a 64 year-old married woman, slipped and fell entering a bathroom which had been recently mopped but for which no wet floor sign had been placed by the temporary employee. As a result of this slip and fall, Plaintiff sustained a fractured hip and significant injuries to her right shoulder and lower back. Plaintiff who was working at the third party company at the time of the incident had a workers’ compensation lien in excess of $350,000 and was claiming permanent injuries which had significantly affected her activities of daily living.

Andrew Kessler, WSHB’s newest partner in our Philadelphia office, has secured summary judgment in favor of his clients in a case in Monroe County, Pennsylvania involving the assault of a tenant’s guest at a party. Plaintiff, a social guest of the tenants, brought suit against Mr. Kessler’s clients, out of possession Landlords, after being viciously assaulted by trespassers at a party that the tenants were hosting. The trespassers, members of a local gang, “crashed” the party and then without provocation began to randomly assault other guests. During the assault, the gang members repeatedly kicked and punched Plaintiff in the head.

Following almost two years of litigation, the Fresno office of WSHB has obtained the dismissal of a firm client from two consolidated class action complaints. Both the Micheli and Flannery actions were filed in the Fresno County Superior Court and alleged that the City of Fresno and its contractors were responsible for adverse water quality throughout North East Fresno, damaging residents' plumbing systems. The proposed class would have included tens of thousands of homes. Our client was a contractor to the City that was alleged to have contributed to corrosion by failing to follow industry standards when installing water meters in thousands of locations. Following initial discovery, WSHB filed a motion for summary judgment arguing that none of the named plaintiffs could prove that our client had performed work on their property. The proposed class representatives therefore lacked both standing and evidence of causation. The motion further argued that under the case of Baltimore Football Club, Inc. v. Superior Court (Ramco, Inc.) (1985) 171 Cal.App.3d 356, 359, the named plaintiffs lacked standing to sue our client in a representative capacity.

In a wrongful death action, partner David Webster and associate Tudor Jones recently obtained summary judgment for our client, a large city in Northern California (the "City"). Plaintiff’s decedent lost control of his bicycle as he rode on a sidewalk through a narrowing underpass. Upon losing control, the decedent fell from the sidewalk into the adjacent roadway where he was struck and killed by a passing motorist. Plaintiff alleged that they City was negligent in its design and maintenance of a dangerous condition, the bicycle infrastructure, generally, on public property. The successful Motion for Summary Judgment was brought under Plaintiff’s failure to establish causation, a necessary element of the causes of action pleaded.

Following a four-day Binding Medical Malpractice Arbitration in Downtown Los Angeles, Los Angeles attorneys, Brian Hoffman and Michelle Birtja successfully defended a Medical Negligence and Loss of Consortium claim brought by Claimants against our client, a Surgery Center and co-defendant, a Pain Management Specialist. The Arbitrator issued a decision rejecting Claimants request for the application of the Doctrine of Res Ipsa Loquitor and found no evidence of a breach in the standard of care on the part of the Respondents.

Following a three and one-half week jury trial in Seattle, WSHB achieved unquestionable victory in a complex environmental exposure matter, involving a large, county-owned landfill. Partner Timothy Repass served as lead trial counsel, and successfully argued that the landfill operations and alleged fugitive gas emissions did not cause the impacts claimed alleged by multiple homeowners. Plaintiffs claimed inverse condemnation, nuisance, negligence, and other causes of action related to the failure of a landfill pipeline, and also alleged landfill operation deficiencies and fugitive emissions of landfill gas. Multiple homeowner Plaintiffs were represented by Brad Jones and Stephen Tan, and their respective law firms, out of Seattle. WSHB’s client was the sole defendant at trial.

In a commercial landlord-tenant subrogation action by the landlord and commercial business association’s insurer, partner David Webster recently obtained summary judgment for our client, The Wooden Duck, a long-standing furniture manufacturer and seller in Berkeley. The subrogation action followed a building fire that destroyed our client’s leased warehouse space and other property and personal property of three other entities. Plaintiff insurer issued a property damage policy to the Association that owned and maintained the common area building components and the landlord that leased space to our client. The successful Motion for Summary Judgment was brought under California’s case-by-case anti-subrogation law which provides that lessees cannot be sued for subrogation as deemed implied co-insureds under the policy based on specific language in the lease agreement.

On September 19, 2017, WSHB client Fetzer Vineyards received a resounding trial victory in a trademark action brought by Sazerac Company. In its lawsuit, Sazerac alleged that Fetzer Vineyards’ bourbon barrel aged 1000 Stories wine, which depicts a buffalo image, was confusingly similar to Sazerac’s Buffalo Trace bourbon whiskey, which also depicts a buffalo image. In a 35-page ruling, following a week long bench trial, U.S. District Court Judge William H. Orrick agreed with virtually every argument advanced by the defense, including that the Buffalo Trace brand lacked the requisite distinctiveness, that the two products are not confusingly similar, and that Sazerac failed to demonstrate any harm. “In the final analysis,” wrote Judge Orrick, “this case was not close.”