Wood Smith Henning & Berman is pleased to announce three significant results obtained by senior counsel Brad Sessa. His victories include the final dismissal of an action involving fraud and a staged accident, a voluntary dismissal in a high-exposure matter, and a discovery ruling requiring production of medical records before a contentious injury case could proceed to trial. Each result reflects a sustained effort to uncover critical evidence, challenge the basis of the plaintiff's claims, and protect the client's ability to present a complete defense.
"Successful defense work requires a willingness to look beyond the allegations and pursue the evidence that will make a difference," said Sessa." These matters presented different challenges, but each called for persistence, careful investigation, and a strategy grounded in the facts."
In the first matter, Sessa obtained the final dismissal of a case arising from a suspected staged accident. The defense moved to assert a fraud defense, obtaining a favorable ruling on a novel issue. Following that ruling, plaintiff's counsel withdrew, and the plaintiff failed to retain replacement counsel. The defense subsequently served a 90-day notice and, after the period expired, moved to dismiss for failure to prosecute. The court granted the motion, bringing the litigation to a close nearly a year after the defense began pursuing the fraud issue.
The second victory involved a high-exposure personal injury action in which the defense established the plaintiff was an employee of the client and the action was therefore barred under the New York Workers' Compensation Law. Through persistent advocacy, Sessa obtained the plaintiff's and codefendants' agreement to voluntarily dismiss the action against the client.
In the third matter, Sessa defeated the plaintiff's attempt to restore a contentious injury action to the trial calendar while material medical discovery remained outstanding. The defense sought records concerning the plaintiff's prior and subsequent injuries, including billing records, that directly impacted the substantial damages alleged in the case. The court agreed that the defense was entitled to discovery and declined to permit the case to proceed to trial before the material records were provided.
"These three stellar results reflect Brad's ability to identify what matters in a case and pursue it with focus and determination," said New York co-managing partner, Tracy Abatemarco. "Whether developing a fraud defense, establishing grounds for dismissal, or insisting on discovery essential to a fair evaluation of damages, Brad brings sound judgment and tenacity to the work. That persistence makes a meaningful difference to our clients."
Together, these results demonstrate WSHB's commitment to developing defenses that address both liability and damages. Through focused investigation, strategic motion practice, and sustained advocacy, WSHB works to bring cases to an appropriate resolution and position clients for the strongest possible defense.
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.
