In a high-stakes liability case, Wood Smith Henning & Berman (WSHB) delivered a decisive summary judgment victory, protecting its client from a meritless claim and underscoring the power of precision litigation strategy.
Brought in mid-litigation in August 2024, WSHB partner Alicia Kennon and senior associate Illise Schulman immediately launched a comprehensive, independent investigation into the facts of the case. Despite the plaintiff’s escalating settlement demands and shifting theories of liability, the defense team stayed focused on the legal fundamentals — and exposed the fatal flaws in the plaintiff's causation argument.
“Too often, claims are accepted at face value,” said Alicia Kennon, who led the defense. “In an era where fraud is increasingly interwoven into accident claims, it is incumbent upon counsel to scrutinize every aspect of a case. In this matter, no witnesses supported the plaintiff’s version of events. In other cases, we've found that witness accounts — when examined closely — reveal inconsistencies, or worse, outright fraud.”
With the facts on their side, the defense team made a tactical decision to file for summary judgment and extended a nominal CCP §998 offer to preserve cost recovery. Plaintiff’s counsel countered with rising settlement demands, eventually demanding $500,000 — and following a tentative ruling signaled the court's agreement with the defense still demanded $175,000.
“The writing was on the wall,” noted Illise Schulman. “Despite the plaintiff’s pivoting theories and pressure tactics, we kept our strategy grounded in the law. The court saw through the noise and ruled accordingly.”
The court adopted its tentative ruling as final, ending the case in favor of WSHB’s client. The firm will now seek recovery of defense costs on behalf of its client.
This result is a powerful reminder that no matter the jurisdiction, every case demands rigorous scrutiny—especially when it comes to witnesses, or the absence of them,” said Stephen Henning, Founding Partner of WSHB. “We’re seeing a troubling rise in staged accidents, particularly in places like New York, with national headlines and recent RICO filings by Tradesman highlighting the scale of the fraud. It underscores the need for defense counsel to approach each claim with a critical eye and a firm resolve. That’s exactly what Alicia and Illise delivered here—sharp, strategic advocacy that dismantled an unfounded claim before it could gain traction.
This victory highlights WSHB’s reputation for aggressive, thoughtful advocacy — and its commitment to delivering results even in the face of complex and evolving litigation threats.
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.