News Archive

National thought leading law firm Wood, Smith, Henning & Berman was once again recognized as an industry leader based on the representation of women attorneys. The National Law Journal (NLJ) Women in Law Scorecard 2022 ranked WSHB in the top 10, coming in ninth place in the rankings.

The latest amendment to Georgia's apportionment law is a favorable development for defendants in negligence cases. The law amends Georgia's apportionment statute O.C.G.A. § 51-12-33(b) to provide for apportionment of damages in cases with a single defendant. It was signed into law by Governor Kemp on May 13, 2022 and became effective immediately, applying to all causes of action accruing on or after the effective date.

After decades of debate, the reform of medical malpractice claims in California is finally coming to fruition. Legislators and interested parties on both sides of the MICRA debate have reached a compromise and agreed to a deal that will avert a planned ballot measure in the upcoming election. On May 23, 2022, Governor Gavin Newsom signed the measure into law. Practitioners are wise to be reminded that this law goes into effect for cases filed next year. This is notable because plaintiff lawyers will be holding off filing their cases if possible so as not to blow the statute of repose. Brace yourself for a slew of new filings in 2023.

WSHB is pleased to announce that partner Jack Pemberton joined our Arizona office. Known nationally for his trial prowess, Jack has taken over 75 cases to verdict during his storied career. 

Earlier this year, the New Jersey Legislature passed a bill that amends the current statute of limitations for construction defect claims in common interest communities. Senate Bill No. 396 took effect immediately upon the Governor's signature on January 18, 2022.

In a case of first impression, a California appellate court held trial courts possess the inherent authority to dismiss Private Attorney General's Act (PAGA) of 2004 (Lab. Code §2698 et. seq.) ("PAGA") claims as unmanageable. This decision reinforces and breathes new life into a profound employer defense in PAGA litigation.

The Spearin Doctrine dictates that a project owner impliedly warrants that the plans and specifications it provides are accurate and suitable, and can protect a contractor against liability. Must a contractor prove that all of the construction defects are attributable to the owner's defective plans and specifications to prevail on this affirmative defense? The Washington State Supreme Court in Lake Hills Investments, LLC v. Rushforth Construction Co., Inc. d/b/a AP Rushforth, et al. answers this question and provides guidance on the application of the Spearin Doctrine in defending construction defect claims.

On August 12, 2021, the U.S. District Court – District of New Jersey, ruled that a group of restaurants located at the Jersey Shore were not entitled to coverage as a result of losses incurred due to Covid-19 under certain policies that contained a virus exclusion.

The restaurants sought to recover benefits under Business Income and Extra Expense coverage provisions pursuant to their applicable policies. These claims were denied under a Virus Exclusion in the policies. The restaurant brought suit, seeking a declaration that Defendant, Twin City Fire Insurance Company, was obligated to provide coverage for the restaurants' alleged losses, asserting claims of breach of contract and bad faith.