Wood, Smith, Henning and Berman is proud to announce that Partner Bolam Kim, lead counsel in a highly contentious childhood lead paint case, has achieved a significant victory. The appellate decision, delivered on November 9, 2023, is poised to impact the industry significantly as a seminal decision for the defense in lead paint litigation and is sure to have broad application for future cases moving forward.

The case involved an allegation of lead paint poisoning of an infant. Both sides retained psychologists to conduct neuropsychological evaluations of the infant and produce expert reports. At issue was the plaintiff’s request for the disclosure of the defense’s neuro-psychological raw data. Kim argued that a reciprocal exchange of the raw data must include plaintiff’s expert’s raw data to avoid prejudice to the defendants at trial. The appellate court agreed, resulting in a resounding win for the defendant on this pivotal point in the case.

“This victory is a testament to our unwavering commitment to our clients. We are gratified that the appellate court recognized the strength of our arguments and the merits of our defense strategy,” commented Kim.

Kim’s meticulous legal strategy, supported by a team of adept professionals, successfully navigated the complexities of this issue, leading to this monumental appellate win. The victory not only defends the interests of the defendant, but also sets a precedent for future cases within the realm of childhood lead paint litigation.

“Our firm takes immense pride in our ability to deliver exceptional outcomes for our clients. This win not only protects the interests of our clients, but also establishes a benchmark for future cases in this area of law,” said Tracy Abatemarco, Co-Managing Partner of the New York office.

Bolam Kim is a partner in WSHB’s New York office. Bolam is active in the firm's appellate practice and specializes in the defense of toxic torts, labor law, complex litigation, premises and employment litigation.

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