It’s no secret that the plaintiff bar has created a cottage industry using claims of technical violations of American with Disabilities Act (ADA) as the basis for lawsuits against businesses on the grounds that they must make their physical locations accessible to people with disabilities. Seeking to take advantage of technical violations, some individuals have filed multiple lawsuits on the same day and hundreds over the course of years against a battery of businesses in an effort to engender settlements from those defendants on the receiving end of the complaints. Now, nearly 30 years later after the ADA has become law, businesses may face claims regarding accessibility of their digital storefronts thanks to a decision handed down yesterday by the United States Supreme Court. ...

Legionella is a bacteria that is naturally found in lakes, streams, and rivers. In nature, the bacteria doesn't pose much of a threat, but when it takes to man-made water systems such as shower heads, sink faucets, hot tubs, and plumbing systems, it gains the potential to become a major health concern, prompting numerous legal claims in their wake. The causes of such claims usually arise from cooling towers found in motels and hotels, cruise ships, hospitals, and office buildings. How are these types of claims handled and what can be done to avoid them in the first place will be front and center stage this week at the McGriff Real Estate Edge Conference. National thought leaders and leading experts Victoria Ersoff and Keith Smith, partners at the national law firm Wood Smith Henning & Berman, will be presenting strategies on how to best tackle, resolve and address all facets of issues presented when these issues arose....

For years, the prohibition on assignment of bad faith claims has largely kept the time limited demand game out of North Carolina. A recent appellate decision, however, may change the playing field… The case, Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. App. 2018), involved an unfortunate motor vehicle accident where an intoxicated tortfeasor hit a pedestrian on the side of the road who subsequently died as a result of her injuries. Prior to filing suit, Plaintiff’s counsel served a time-limited demand on tortfeasor’s auto carrier in which Plaintiff agreed to release his claims against the tortfeasor in exchange for payment of the liability limits of $50,000 if payment was made within ten days. Plaintiff did not receive any response to the time-limited demand from the carrier or defense counsel within the ten-day window, and filed suit shortly thereafter....

WSHB is pleased to announce that Julie Weerth has joined the firm as partner in its New York office. Ms. Weerth began her career as a litigator in New York, specializing in labor law and coverage litigation. She joined AIG in 2006, where she held positions of increasing responsibility, including Chief Underwriting Officer of Excess Casualty and Vice President of Complex Casualty Claims. ...

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. ...

WSHB Partner Janice Michaels was recognized in the 2020 Edition of The Best Lawyers in America© for her work in Litigation - Construction in Las Vegas, Nevada. Ms. Michaels has been bestowed this honor for the past four consecutive years. ...

(Dallas, TX) – WSHB is proud to announce the arrival of one of Texas's leading construction litigators, Cynthia A. Tari, to the firm's Dallas office. With over 25 years of experience litigating and arbitrating construction disputes, Ms. Tari's case handling includes breach of contract, negligence, professional malpractice, and lien/bond claims on both public and private projects....

Andy 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....

(Philadelphia, PA) – WSHB is pleased to announce that Andrew S. Kessler has joined the firm as partner in our Philadelphia, PA office. A skilled and talented litigator, Andy's practice focuses on medical malpractice, premises liability, construction, transportation, products liability, employment and professional liability, including financial institutions and credit unions. With an extensive background in medicine through his medical malpractice experience, Mr. Kessler is particularly adept in defending matters involving catastrophic injuries....

The New York State Assembly and Senate recently passed the Securing Wages Earned Against Theft ("SWEAT") bill to enable alleged employee-victims of wage theft to recoup unpaid wages by placing a temporary lien on the real or personal property of their employer(s). The union-backed bill is currently awaiting Governor Andrew Cuomo's signature in order to become law. SWEAT amends five sections of New York State law for the purpose of increasing the likelihood that victims of wage theft can secure payment of unpaid wages for work already performed. The justification for the bill is to eliminate exploitative employers from dissipating their assets or dissolving their businesses in a systematic effort to avoid paying wages they owe to their employees during a pending court action. Thus, SWEAT was passed to provide wage theft victims with a legal remedy – a lien to freeze an employer's assets – lest being unable to enforce and collect on a judgment for unpaid wages. ...

WSHB is proud to announce the arrival of its newest partner, Jason W. Williams, to the Firm's Nevada office. Long considered to be a "go-to" lawyer for complex construction defect disputes, Jason handles all facets of construction litigation spanning from single family disputes to commercial projects, from shovel to completion. He also is well regarded for his work in complex civil litigation and coverage issues....

WSHB's Nevada office recently welcomed the latest addition to their senior counsel class, litigator Richard Young. Known by developers and contractors throughout the State of Nevada for his prowess and sage guidance in handling all facets of construction litigation, Mr. Young has achieved success in all issues emanating from construction, from construction defect to employment....

Seventeen lawyers from WSHB are recognized on this year’s list of 2019 Rising Stars®. The attorneys honored on this year’s list are 40 years or younger and demonstrate the finest qualities of a good lawyer: first-rate legal skills, preparation, judgment, creativity, dedication and ethics. No more than 2.5 percent of the lawyers in each state are named to the renowned Rising Stars list....

On July 8, 2019, the Arizona Supreme Court issued an order denying plaintiff's Petition for Review of an Arizona Court of Appeals decision that expanded the ability of defendants to enforce settlements under A.R.C.P. 80(a). Section 80(a) allows Arizona courts to enforce settlement agreements (or other agreements) based on some written acknowledgement on the part of a party's attorney, but only where the attorney's authorization to act is shown by some manifestation of that authorization on the clients' part....

WSHB Partner Jade Tran (Orange County) has been named to Lawyers of Color's inaugural "Nation's Best" list, which recognizes law firm partners and senior-level corporate counsel. Selection is based on noteworthy accomplishments and a commitment to diversity and inclusion in the legal profession. Lawyers of Color is a 501(c)(3) non-profit devoted to promoting diversity in the legal profession and advancing democracy and equality in marginalized communities. ...

More than four years after comprehensive construction defect reforms were implemented in Nevada, Nevada's construction defect laws are changing again. On June 3, 2019 Governor Sisolak signed AB 421 into law. While AB 421 retains some of the 2015 reforms, a number of significant changes will go into effect on October 1, 2019. Here is a brief summary of the more notable changes which are likely to raise issues in litigated matters in the future....

The narrative regarding condo development in Washington State is well-known: It is almost universally accepted that the nearly 30-year-old condominium statute’s implied warranties provide unfair and uncertain standards that fueled near-certain litigation. Too often, these suits involve frivolous claims of "defects" in construction, which neither affected building performance nor were of material concern to any reasonable homeowner. Condo association board members feel pressured to sue or risk personal liability. Plaintiff attorneys capitalized on this low hurdle of a liability standard and seek heavily exaggerated repair costs. Developers, builders, and insurance carriers pay enormous sums for repair of technical violations, which often times are not repaired with the money paid to condo owners. All of this disincentivizes condominium developers and drives up the cost of condominiums for consumers. ...

Employees in salaried positions earning under $35,308.00 annually will become newly-eligible for overtime pay if a new rule proposed by the U.S. Department of Labor is enacted. Employers with salaried positions under that amount should begin preparing to perform an audit of exemption classifications to ensure ongoing compliance in the event this rule is enacted. ...

US law firm WSHB and international law firm and legal service provider DWF announced on October 1, 2018 that they have agreed to an exclusive association. Through this association, the firms seek to offer greater global reach and service for their respective clients while working closely to share best practices, innovative ideas and mutually beneficial opportunities....

We are pleased and honored to announce that WSHB Partner Nancy Quinn Koba has been elected as a Supreme Court Justice for the Ninth District. Koba was one of five candidates vying for four open seats in the Ninth Judicial District of the New York Supreme Court in the November 5, 2019 general election. The Ninth district covers Westchester, Rockland, Dutchess, Orange, and Putnam counties. ...