News Archive

Issues pertaining to environmental sustainability have become more prominent in the national discussion, especially as it pertains to climate change. In response to growing public concern about climate change and other environmental issues, California legislators and regulators have been looking at ways to help reduce the environmental impact of new development and construction, especially when it comes to public works projects.

The State of Illinois passed HB 5412, which amends the Illinois Wage Payment and Collection Act. It makes a primary contractor on a construction job responsible for paying the wages and other benefits of the subcontractor's workers if the subcontractor fails to do so. The subcontractor would then be required to reimburse the contractor for any funds paid on its behalf. This includes wages, damages, interest, penalties, or attorney fees that the contractor paid to cover the subcontractor's failure to meet its obligations.

WSHB’s trial bench markedly expanded in California with the addition of Frances O’Meara and her stellar team of lawyers. A nationally recognized thought leader and professional malpractice attorney, O’Meara brings to WSHB substantial trial experience and knowledge. O’Meara is a highly sought after speaker on professional liability issues. Her accolades in handling the most challenging cases from clients span an array of cases involving the defense of attorneys, accountants, architects, insurance agents, real estate brokers, appraisers, escrow and title officers and assisted living, residential care facilities.

WSHB is pleased to announce Robert “Bob” Latham has joined the Los Angeles office. A trial lawyer with over 35 years of experience, Bob represents insurers in bad faith claim handling cases, policy rescissions and cancellations, lost policy matters, and drafting policy exclusions. He also represents reinsurers in investigation of ceded claims and in ceding company liquidations. In non-insurance matters, he has represented defendants in asbestos cases and toxic tort matters.

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.