In a sweeping courtroom win in one of the most plaintiff-friendly jurisdictions in the country, Wood Smith Henning & Berman LLP secured a big win for its clients- a condominium ownership group and homeowner association (HOA)- in a high-stakes fraud trial stemming from a disputed real estate transaction.
The case involved allegations of fraud and violations of the Texas Deceptive Trade Practices Act (DTPA), including a demand of $850,000 in damages, treble damages, attorneys’ fees, and costs. Central to the plaintiff’s claim was the role of the HOA president, who also acted as the seller’s agent in the condominium sale to the plaintiff. Despite these allegations, WSHB’s defense strategy led the court to grant a directed verdict in favor of the defense after just two days of testimony, effectively dismissing all claims before the case reached the jury.
“This was a classic example of staying disciplined in the face of sensational allegations,” said Dan Paret, partner and lead trial attorney. “In jurisdictions known for ‘nuclear verdicts,’ it's crucial to thoroughly evaluate the facts, prepare for trial, and never lose sight of the bigger picture. Not only did the plaintiff lose at trial, but she ended up in a worse position—bearing attorneys’ fees and expenses on top of receiving no recovery.”
Associate Clay Dawson, who co-led the trial team, added, “Our team executed a cohesive strategy from pre-trial motions to courtroom cross-examinations. We adapted in real time as the case unfolded, and the court recognized the strength of our arguments at every stage.”
The result not only vindicates WSHB’s client but also sends a powerful message regarding the importance of due diligence, preparation, and a firm stance in the face of aggressive litigation tactics. The client and their carrier have expressed strong satisfaction with the outcome.
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 42 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.