Wood Smith Henning & Berman LLP (WSHB) is proud to announce a decisive and sweeping defense victory secured by Partner Melanie Thomas and Senior Counsel Rena Hughes, who prevailed on a motion for judgment on the pleadings in the District Court of Clark County, Nevada. The ruling eliminates every claim against the firm’s client in a case involving allegations of severe burns, infection, and disfigurement arising from a non-laser chemical tattoo removal procedure.
Despite the seriousness of the allegations, the plaintiff’s claims could not withstand the legal standards required under Nevada law. The defense moved for judgment on the pleadings, demonstrating that no viable theory of relief existed.
The court agreed—completely and unequivocally.
Partner Melanie Thomas reflected on the significance of the ruling in the broader context of patient care, legal standards, and fairness in litigation, “This case was a stark reminder of how critical it is for the legal process to be grounded in evidence and statutory compliance. Our system depends on it. We’re grateful the court took a thoughtful, rigorous look at the pleadings and recognized that the claims simply did not meet Nevada’s legal standards. This win is not just a procedural victory—it’s a reaffirmation of the role courts play in ensuring fairness, balance, and adherence to the rule of law.”
Under NRCP 12(c), judgment on the pleadings is appropriate when, even taking all facts as true, the plaintiff still fails to state a legally recognizable claim. Nevada law requires strict compliance with statutory prerequisites, particularly in healthcare-related litigation.
After extensive review, the court found:
- Professional negligence claims were barred, as plaintiff failed to comply with NRS 41A.071, requiring an expert affidavit, and the claims were untimely.
- Strict products liability claims collapsed because plaintiff did not allege defendants manufactured, sold, supplied, or placed any product into the stream of commerce.
- Plaintiff effectively conceded her theory, acknowledging her sole path to recovery was against a product manufacturer—not WSHB’s client.
- The plaintiff’s affidavit failed to establish any connection between the defendant and the chemical tattoo removal procedure, offering no basis for direct or vicarious liability, agency, or causation.
Significantly, the plaintiff did not oppose the motion on the merits, further underscoring the legal insufficiency of the claims. Based on these deficiencies, the court granted judgment on the pleadings in full.
Senior Counsel Rena Hughes added, “Our clients were wrongly swept into litigation that lacked factual or legal foundation. We are pleased the court recognized this and relieved that our clients can now move forward without the cloud of these allegations.”
Nevada Managing Partner Janice Michaels praised the team and emphasized the momentum of the office’s results, “This victory is another example of the extraordinary, thorough lawyering coming out of our Nevada team. Melanie and Rena exemplify the very best of WSHB—strategic, detail-oriented, and unwavering in their advocacy. I could not be more proud of their work and the continued string of results our office is achieving on behalf of our clients across Nevada.”
WSHB continues to secure exceptional outcomes for clients facing high-exposure, medically complex, and procedurally significant litigation in Nevada and nationwide.
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 43 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.
