(Orlando, FL - April 20,2024) - WSHB, a leading national law firm specializing in litigation, is pleased to announce a major victory achieved by partners Chad Dunigan and Ryan Brooks, along with associate Matt Hill, in a highly contentious toxic tort arbitration matter. The successful defense resulted in a favorable outcome for their client, a prominent national homebuilder.
The arbitration claim, valued at eight figures, centered around allegations of significant medical complications suffered by the claimant due to purported exposure to mold. The case involved complex expert witness testimony, highlighting a novel diagnosis and medical treatment protocol.
WSHB's unwavering dedication to their client's defense led to a critical turning point in the case. The firm successfully won a Daubert challenge, effectively excluding testimony from the claimant's lead expert witness, who diagnosed the claimant with Chronic Inflammatory Response Syndrome (CIRS). After an intense five-day live final arbitration hearing, the arbitrator panel rendered a landmark decision, awarding the claimant a mere one percent of the total alleged damages. This resounding victory showcased WSHB's exceptional litigation skills and expertise.
"We believed the one-percent award was a clear signal from the arbitrator panel that our client was on the right side of the dispute," explained partner Ryan Brooks. "Our record was pristine, and the law was squarely on our side."
Plaintiff, the owner of a two-story townhome, also took exception to the award and took the matter up on appeal distressed at the token award. Ultimately, WSHB prevailed, and the award was the basis for securing the client's post-tender attorney's fees and costs related to the defense of the matter.
"We are thrilled with the outcome of this highly contentious toxic tort arbitration and subsequent appeal," said Chad Dunigan, partner at WSHB. "Our team's meticulous preparation, strategic thinking, and relentless advocacy were instrumental in securing this favorable result for our client."
Brooks added, "Defending our client against such serious allegations required a collaborative effort and an unwavering commitment to justice. We are proud of our team's accomplishments and the positive impact it will have on our client's reputation."
This victory further solidifies WSHB's position as a top-tier legal firm with an unwavering commitment to achieving excellent results for their clients. WSHB was the first law firm in the nation to secure a defense verdict against a homebuilder, and thereafter secured an impressive trial scorecard of defense verdicts in all types of construction products against allegations of bodily injury from mold. After two decades of defending mold claims, the firm continues to be the industry leader which continues to set them apart in the legal industry.
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 almost 500 lawyers across 41 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 40 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.
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.