Appellate Results Archive

Wood Smith Henning & Berman is proud to share that partners Michelle Arbitrio and Molly Wilcox successfully defended their clients in a significant public procurement dispute, securing the dismissal of all claims. In a decision affirming the trial court's ruling, the Connecticut Appellate Court determined that the plaintiff lacked standing to pursue its claims, setting a key precedent for cases involving unsuccessful bidders in government contracting.

In a major victory for the defense, the California Court of Appeal affirmed a summary judgment in favor of WSHB's client involving a significant injury case brought by a longshoreman who was injured at the Port of Long Beach. The plaintiff, who alleged a traumatic brain injury and orthopedic injuries after his rig tipped over while hauling cargo at the Port, originally sought $20 million in damages. This appellate decision marks a rare complete dismissal in this high-stakes area of law.

WSHB is proud to announce momentous victories achieved by partners Richie Singer and Kimberly Jones and senior associate Erica Pope. Richie Singer successfully argued a complex Motion for Summary Judgment concerning a coverage issue on a forced place policy. This win was followed by an unsuccessful appeal filed by the Plaintiff thanks to the strong briefing and arguments by partner Kimberly Jones. This outcome not only underscores the firm's legal prowess but also exemplifies its commitment to providing exceptional representation for clients.

In a closely watched decision, the Second Judicial Department reversed a surprising ruling by the Supreme Court of Queens County which denied governmental immunity to the Port Authority of New York and New Jersey. If allowed to stand the lower court decision would have had significant negative implications for public entities engaged in governmental functions. WSHB partner and accomplished trial attorney, Brian Colistra, successfully argued the appeal, securing a crucial victory for a client with much to lose as they operate the Port of New York and New Jersey, as well as the airports, bridges, tunnels, and bus terminals in the metro region.

WSHB’s Connecticut Partner Kate Adams has demonstrated her exceptional legal prowess in the recent appellate decision of Harold Dusto et. al. v. Rogers Corporation et. al., No.45341, 2023 WL 6964115 (Conn. App. Ct. Oct. 24, 2023). The court, relying on Kate's analysis presented before the Connecticut Supreme Court in the groundbreaking 2018 case, Lucenti v. Laviero, 327 Conn. 764, 176 A.3d 1 (2018), adopted the factors she put forth to determine whether a plaintiff employee has sufficient evidence to fall within a narrow exception to workers' compensation immunity.

WSHB is pleased to announce a historic triumph in the highly anticipated decision from the First District of California’s Court of Appeal, which will be published in the Official Reports detailing the favorable appellate holding denying $600,000 in attorneys’ fees.

Partner Stephen Caine was called in at the eleventh hour to represent the client in a request for a new trial. The case involved a negligence claim in which a hired party coordinator fell from an unprotected balcony attached to an “architecturally significant” house owned by our client, resulting in moderate soft tissue damage and three transverse process fractures of spinal spurs. The jury returned with a liability verdict of $1,686,493.46 (which was mostly made up of noneconomic damage award of $1,187,400); reduced by 33% for comparative fault, which created a net award to Plaintiff against our client of $1,179,859.96.

In an appeal involving new evidence supposedly discovered after entry of judgment and allegations of procedural irregularities, the WSHB team rallied for the clients on appeal and successfully defended the trial court's grant of a summary judgment motion and denial of plaintiff's subsequent new trial motion. WSHB's Nick Gedo (Of Counsel in the Glendale office) vigorously represented the clients, securing an affirmation of the judgment in their favor.

In a contentious case involving allegations of negligent maintenance, inspection and security against an apartment complex owner, the Appellate Court of New Jersey affirmed the lower court's decision granting the defendant's motion for summary judgment. WSHB’s team, including partners Jill Mucerino and Kelly Waters, successfully argued that the property owner had no duty to prevent injuries sustained by plaintiff tenant resulting from a physical altercation in the complex’s parking garage and, thus, was not liable. They argued that the altercation was not foreseeable and, therefore, was not within the scope of the duty owed by the owner to plaintiff. The Appellate Court, conducting a de novo review of the trial court’s decision, agreed.

Attorneys Kelly Waters and Jill Mucerino of WSHB's New Jersey office recently secured several appellate rulings enforcing arbitration clauses in favor of WSHB's clients. In one case the New Jersey Appellate Division reversed the Trial Court's denial of our motion to compel arbitration. In two separate matters that were consolidated on appeal, a different panel of the Appellate Division affirmed the Trial Court's grants of our motions to compel arbitration.

In a commercial landlord-tenant subrogation action by the landlord and commercial business association’s insurer, Partner David Webster recently obtained a published appellate opinion affirming the granting of a Summary Judgment Motion in favor of our client, The Wooden Duck, a long-standing furniture manufacturer and seller in Berkeley. The subrogation action followed a building fire that destroyed our client’s leased warehouse space and other property and personal property of three other entities. Plaintiff insurer issued a property damage policy to the Association that owned and maintained the common area building components and the landlord that leased space to our client. The underlying Motion for Summary Judgment was brought under California’s case-by-case anti-subrogation law which provides that lessees cannot be sued for subrogation as deemed implied co-insureds under the policy based on specific language in the lease agreement.