Wood Smith Henning & Berman achieved a significant appellate victory in Allen v. Patel, in which the California Court of Appeal affirmed the trial court's order granting a new trial on liability and compensatory damages. The court held that pervasive plaintiff attorney misconduct fundamentally compromised the integrity of the jury's verdict and irreparably prejudiced the defense. The WSHB team led by Greg Amundson, Stephen Caine, and Fred Vasquez claimed victory for the client through superb advocacy, and an unwavering commitment to professionalism and decorum in the courtroom.
In a detailed published opinion, the appellate panel identified multiple independently sufficient grounds supporting the new trial order. Among them were repeated violations of the trial court's orders prohibiting golden rule and reptile theory arguments, the persistent injection of inflammatory gastrointestinal injury evidence without expert causation testimony, and improper personal attacks on defense counsel. The court concluded that the cumulative effect of these tactics crossed the line so significantly that no admonition or curative instruction could have remedied the resulting prejudice.
The opinion also credited the defense team's exceptional work in preserving a meticulous record, and presenting a disciplined, well-structured framework for independent appellate review. Securing affirmance under these circumstances, particularly in the face of a substantial verdict and the complexities surrounding the trial court statements of reason, represents a remarkable achievement by any measure.
"This affirmance reflects exactly what appellate advocacy is supposed to do," said Amundson. "The Court of Appeal carefully reviewed the record and agreed that pervasive misconduct infected the proceedings beyond repair. The panel's recognition of multiple independent grounds for a new trial underscore both the seriousness of the violations and the importance of preserving a meticulous record for review."
Caine emphasized the broader implications of the decision. "The opinion sends a clear and unmistakable message. Golden rule appeals, reptile theory tactics, and inflammatory evidence untethered from expert causation are not aggressive advocacy- they are misconduct. When those lines are crossed repeatedly and deliberately, the integrity of the verdict collapses."
Vasquez noted the rulings impact on the defense bar statewide. "This decision is already resonating across the defense community because it reinforces a critical principle. Gamesmanship has consequences. Disciplined advocacy matters. Trial lawyers who build clean records and enforce courtroom boundaries protect not only their clients, but the justice system itself. We are proud that our firm helped set that standard."
The decision has already drawn significant attention from defense organizations and appellate practitioners, with multiple groups reaching out to WSHB's appellate team regarding publication and analysis of the opinion. Firms across California are circulating the ruling to underscore the importance of strong trial discipline and strategic issue preservation when confronting improper advocacy.
This outcome reinforces WSHB's commitment to principled trial and appellate advocacy and its leadership role in advancing fairness, professionalism, and accountability in the courtroom.
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