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Politics in the Workplace

The concept of "free speech" is as American as apple pie. However, any employment litigator or human resources professional can tell you that free speech and what is appropriate in the workplace are very different concepts.

Los Angeles Jury Returns Defense Verdict in Complex Sewage/Mold Exposure Case

Following a 28-day trial, a Los Angeles jury returned a defense verdict for a defendant professional property manager involving complex claims of bodily injuries and economic damages in a sewage and mold exposure case. Peter J. Burfening, Jr., of WSHB represented the defendant property manager.

  • Full service national law firm founded in 1997 with over 200 attorneys in 19 offices practicing in 11 states across the U.S.
  • Tried over 900 cases to verdict; internationally recognized for exceptionally high rate of success
  • Ranked #4 on The American Lawyer’s 2016 Diversity Scorecard
  • Top 10 ranking on Law360’s 2016 list of “The 100 Best Law Firms for Female Attorneys"  
  • Top 20 ranking on Law360's 2016 list of "The Best Law Firms for Minority Attorneys"
  • First Place Winner, DRI's 2014 Law Firm Diversity Award
  • Named "Go-To Law Firm" in ALM's annual edition of In-House Law Departments at the Top 500 Companies
  • Top 250 ranking on Law360's 400 2016 list of largest U.S. Law Firms

WSHB Case Update: Cuevas v. Wentworth Group

The New Jersey Supreme Court, in an unpublished opinion, upheld a $2.5 million award to two brothers, including a combined $1.4 million in emotional distress damages, in an alleged race-based Law Against Discrimination (LAD) case. The holding is significant, as it confirms New Jersey's long-standing rule that courts must exercise remittitur, the power to reduce a jury's award, with great restraint, and that a jury's award is given deference, particularly because the jurors were attentive throughout trial, understood their charge, and carefully apportioned damages. Further, the decision rejected two methods previously used by the trial courts in deciding remittitur motions: the comparative analysis method, and the "feel for the case" standard, affirmed in He v. Miller, 207 N.J. 230 (2011).

WSHB Case Update: Is a 558 Notice a “Suit?” Contractors and Insurers Wait For the Hammer to Drop as the Supreme Court is Asked to Determine Defense Obligations

The answer to this certified question could profoundly impact the number of construction defect lawsuits filed in Florida, as well as the availability and price of CGL insurance for contractors. If a 558 notice is not a suit triggering a duty to defend, those in the construction industry might decline meaningful participation in the 558 process, and instead invite litigation in order to secure their insurer's contribution. On the other hand, imposing a duty on insurers to defend during the Chapter 558 process would necessarily involve a significant outlay of attorney's fees and costs, potentially driving up premiums in the process.

DRI Appoints Lisa Boswell Vice Chair of Intellectual Property Litigation Committee

Lisa Boswell, partner at WSHB, has been named Vice Chair Elect for the DRI – The Voice of the Defense Bar’s Intellectual Property Litigation Committee, effective at the conclusion of the DRI’s Annual Meeting in October in Boston. Boswell also currently serves as Chair of the Publications Board of DRI’s IP Litigation Committee.

Nevada Jurors Return Defense Verdict in Closely Watched Trial

Congratulations to Melissa Roose and the dedicated litigation support team in Las Vegas! This most recent WSHB victory involved a plaintiff motorcyclist who sued our client, a well respected national security company, and its security officer (who was driving a company vehicle on a patrol route).

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