News Archive

In a case of first impression, a California appellate court held trial courts possess the inherent authority to dismiss Private Attorney General's Act (PAGA) of 2004 (Lab. Code §2698 et. seq.) ("PAGA") claims as unmanageable. This decision reinforces and breathes new life into a profound employer defense in PAGA litigation.

The Spearin Doctrine dictates that a project owner impliedly warrants that the plans and specifications it provides are accurate and suitable, and can protect a contractor against liability. Must a contractor prove that all of the construction defects are attributable to the owner's defective plans and specifications to prevail on this affirmative defense? The Washington State Supreme Court in Lake Hills Investments, LLC v. Rushforth Construction Co., Inc. d/b/a AP Rushforth, et al. answers this question and provides guidance on the application of the Spearin Doctrine in defending construction defect claims.

On August 12, 2021, the U.S. District Court – District of New Jersey, ruled that a group of restaurants located at the Jersey Shore were not entitled to coverage as a result of losses incurred due to Covid-19 under certain policies that contained a virus exclusion.

The restaurants sought to recover benefits under Business Income and Extra Expense coverage provisions pursuant to their applicable policies. These claims were denied under a Virus Exclusion in the policies. The restaurant brought suit, seeking a declaration that Defendant, Twin City Fire Insurance Company, was obligated to provide coverage for the restaurants' alleged losses, asserting claims of breach of contract and bad faith.

Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest) (1st Dist., Div. 3, 2021), Cal. App. 5th, affirms the long-standing practice that under the California Environmental Quality Act (CEQA), no special notice is required to commence the running of the 180 day statute of limitations. The running of the statute begins when the governmental agency formally involved in the matter, approves a Memorandum of Understanding (MOU), which serves as effective constructive notice to the public. In addition, an agreement between the parties to toll the statute of limitations in a CEQA claim will fail when a necessary and indispensable party to the action is not included and did not sign the tolling agreement. The court ruled that a tolling agreement is a private agreement and not granted by statutory right.

It is with great pleasure that we announce the addition of our newest partner, Margaret "Maggy" Mazlin, to the New York office of WSHB. Endorsed by her peers as highly skilled in all aspects of litigation, including trial and appellate practice, Maggy has defended a myriad of clients throughout all five boroughs of New York City as well as Nassau and Suffolk Counties.

“Maggy is broadly recognized for her accomplished trial work, litigating with ease and success, a wide variety of cases to verdict throughout New York,” said Stewart Reid, firmwide managing partner. “She is a trial powerhouse, strategic and thoughtful in her trial work.”

WSHB opens its doors in the great city of New Orleans! The addition of the NOLA office increases WSHB's ability to service clients and expands its reach in the Southeast as the firm continues its striking growth despite challenges posed by the pandemic.

WSHB’s 30th office is led by partner, Lori Barker. Lori's broad based litigation practice includes products liability, premises liability, transportation and construction. She is well regarded for her savvy handling of complex civil litigation involving multiple parties and catastrophic injuries. Her profile throughout the State of Louisiana is underscored by her active involvement in the Louisiana Defense Counsel, of which she has been recently elected to serve on the Board of Directors. A legal thought leader, Lori gives back serving as an adjunct professor at Tulane School of Professional Advancement in their General Legal Studies program.

In celebration of the evolution of women's empowerment in the legal and medical professions, partner Constance Endelicato brings us her latest article "A Double Dose of Power," published in the Best Lawyers Sixth Annual "Women in the Law" Business Edition. This poised and insightful article details the historic struggle and rise of women in the legal and medical professions and encourages them to work together to dismantle gender inequality. A shining example of female leadership in the legal field, Ms. Endelicato encourages other women to reach their full potential in industries that only a few decades ago were dominated by men and difficult for women to access.

WSHB recognized some of its outstanding associates with a surprise mid-year promotion to senior counsel. Noting the unique challenges of the past year and the ability of these attorneys to overcome and excel despite those challenges, the firm management team decided to reward these associates now rather than waiting until their usual annual promotion period in December.

“This past 18 months have been unprecedented with our talented lawyers giving back so much more to secure results, service clients and work as a team remotely,” said Stewart Reid, firmwide managing partner. “While we continue our normal cadence of elevations in December, we wanted to similarly take the extraordinary steps as the world reopens to the new normal and recognize a talented group of lawyers worthy of the coveted senior counsel title now instead of later this year.”