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News & Insights
WSHB’s Constance Endelicato To Speak at ASHRM 2019 Annual Conference
The widespread use of cell phones, "granny cams," and facility surveillance cameras has led to such viral controversies as the "Dancing Doctor" videos taken of a surgeon's dancing antics while operating on patients, or a nursing facility security camera capturing footage of elder abuse committed by a caretaker. This technology has not only led to an influx in litigation, it has rendered such negligent or intentional activity virtually indefensible. When uploaded to social media or even shared with others informally, the footage is at best, a public relations nightmare for health care systems. "With the ever-changing laws and the increasing damages potential for plaintiffs and their attorneys, we can expect the number of claims supported by videographic evidence to continue to escalate," said Constance Endelicato, Partner at Wood Smith Henning & Berman. "More importantly though, it is imperative to address what is causing the provider to behave in an abusive, discriminatory, or callous manner toward patients, placing patients at risk for safety and causing irreparable emotional and physical harm."
- Full service national law firm founded in 1997 with over 250 attorneys in 26 offices in 15 states across the U.S.
- Tried over 900 cases to verdict; internationally recognized for exceptionally high rate of success
- Recognized as one of the top two law firms in the nation for inclusiveness of women lawyers in the National Law Journal’s 2017 Women’s Scorecard
- 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"
- Named "Go-To Law Firm" in ALM's annual edition of In-House Law Departments at the Top 500 Companies
- Top 200 ranking on Law360's 400 2019 list of largest U.S. Law Firms
Supreme Court Allows Suit Over Website Accessibility
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.
Strategies for Defending Legionella and Mold Claims
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.
Residential Revolution
On April 10, 2019, Gov. Doug Ducey signed into law legislation that will have a significant impact on construction-defect claims involving single- and multi-family homes in Arizona. Senate Bill 1271 amends the Purchaser Dwelling Act (PDA), A.R.S. 12-1361, et seq, and became effective on Aug. 26. The new changes will affect a builder's indemnification contractual rights, as well as attorney fees, notice to subcontractors, and homeowner affidavits.
Time Limit Demand Issues Arrive in North Carolina
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.