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Recent Posts

Arizona Supreme Court Allows Court of Appeals Decision Expanding Defendants' Ability to Enforce Settlements to Stand

WSHB’s Jason Klein Breaks Down the Good, the Sad and the Funny Sides of Claims

Litigating Sexual Battery and Other Intentional Torts: Navigating the One Bad Apple in Medical Negligence

WSHB Partner Michelle Arbitrio to Moderate Panel on Insurance and Risk Management in the Age of Mass Shootings

WSHB Cannabis Attorney Finalist for "Lawyer of the Year"

Girl on Fire: The Price of Pursuing the Truth in the #MeToo World

Pragmatic Issues on Settlement Versus Trial for Legal Malpractice Cases

WSHB Partner Jade Tran Named to Lawyers of Color's "Nation's Best" List

WSHB Senior Associate Selected for 2020 Diversity Leadership & Mentoring Program

A Withering Assault

The Natural Progression of Natural Disasters

Nevada’s Governor Signs Chapter 40 Reform Bill

WA Condo Law Changes Hope to Curtail Frivolous Defect Lawsuits and Stimulate Production

WSHB Co-Founder Stephen Henning Steps Into the Spotlight at this Year's West Coast Casualty Seminar

Professional Liability Expert Weighs In On Protecting Your Practice From Opioid Doc Arrest Fallout

Penalties, Punitives, and Granny Cams: The Escalating Lure of Elder Abuse Litigation

Are Structured Settlements Still Relevant

Game Changing Trends Affecting Construction

He's Not My Guy: The Joint-Employer Doctrine

WSHB Case Update: DOL Proposes Increase to Minimum Salary Threshold

WSHB and DWF Announce Exclusive Association

Publications

A Withering Assault

June 14, 2019

In September 2018, we assessed the impact of the headline-grabbing $289 million verdict delivered by a San Francisco jury in DeWayne Johnson v. Monsanto Company. Johnson, a former school groundskeeper, alleged that his occupational use of the glyphosate-based herbicide Roundup caused him to develop non-Hodgkin lymphoma (NHL). We predicted that the verdict would lead to more glyphosate lawsuits and an increased focus on toxic torts, but concluded that this result would not make glyphosates the next asbestos. As expected, the Johnson verdict was reduced to $78 million by a trial court and is now on appeal. But in the meantime, Monsanto, a unit of Bayer AG, was hit first with an $80 million judgment in federal court in the Northern District of California in Edwin Hardeman v. Monsanto Company, and then, more recently, with an eye-popping $2 billion verdict from the Alameda County Superior Court in Alva and Alberta Pilliod v. Monsanto Company. So the $2 billion question is, what does this mean for the future of glyphosate litigation and toxic torts in general? ...

June 14, 2019

Reports indicate that insured losses from the Southern California Woolsey fire will total at least $2.5 billion. The total economic loss from the Woolsey fire is estimated to be anywhere from $4 to $6 billion, according to Corelogic. The combination of expensive materials, a shortage in the construction workforce, and a high demand to rebuild will yield an expensive result. This event is shaping up to be another example of a trend: Because of the devastating amount of damage caused by fires, floods, and hurricanes, it will cost a lot more to rebuild than is covered under applicable insurance policies. When there is simply “not enough insurance,” the challenges to resolving claims successfully are exceedingly complex....

June 10, 2019

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....

May 31, 2019

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. ...

May 8, 2019

WSHB co-founder Stephen J. Henning will take to the stage before thousands of builders, contractors, subcontractors, insurance agents and lawyers at West Coast Casualty’s 26th Annual Construction Defect Seminar, the biggest construction conference event in the country. Hosted at the Disneyland Hotel and Resort in Anaheim, California, Mr. Henning will be sharing his decades worth of construction litigation expertise alongside Matthew Kovacs of Markel Corporation and fellow attorneys Adrienne Cohen and Jannea Rogers in a panel presentation entitled, "Disaster in the Making – Litigation Impacts from Fire, Flood, and Hurricanes" on Thursday, May 9, 2019 at 10:45 a.m. ...

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