Law firm makes its name by breaking the mold cases.Victoria Ersoff knew she had an uphill battle Uphill Battle was an metalcore band with elements of grindcore and noisecore. The group was based out of Santa Barbara, California, USA. History Uphill Battle got some recognition releasing their self-titled record on Relapse Records. while defending a local door manufacturer against a complicated mold claim. Her opponent had 33 experts lined up to testify, three times as many as she had. The plaintiff told the jury a heart-wrenching tale that she had lost her house, filed for bankruptcy and suffered permanent neurological injuries from mold in her house. But after six weeks of trial, the jury threw out the $26 million claim. "They saw what the plaintiff was telling them was junk science Junk science is a term used in U.S. political and legal disputes that brands an advocate's claims about scientific data, research, analyses as spurious. The term generally conveys a pejorative connotation that the advocate is driven by political, ideological, financial, and ," said Ersoff, a partner at Wood Smith Henning & Berman LLP LLP - Lower Layer Protocol , which specializes in defending businesses against toxic mold claims. "You don't just hire a mold expert. You have to know what the issues are in your case." Toxic mold claims have been the bane BANE. This word was formerly used to signify a malefactor. Bract. 1. 2, t. 8, c. 1. of the housing industry, resulting in several high profile multimillion dollar judgments against insurers and builders. But they also have created a cottage industry cottage industry: see sweating system. of experts--among them the L.A. law L.A. Law was an American television legal drama that ran from 1986 to 1994. It was one of the most popular American television shows of the late 1980s and early 1990s. As with thirtysomething, L.A. firm of Wood Smith Henning & Berman, which has gone from nine lawyers to 83 since opening its doors in 1997. "They're very well known and one of the few firms who know what they're doing," said John Miller, a long-time plaintiff's lawyer who frequently litigates against Wood Smith's clients. Allergic reaction allergic reaction n. A local or generalized reaction of an organism to internal or external contact with a specific allergen to which the organism has been previously sensitized. Toxic mold is considered a misnomer misnomer n. the wrong name. MISNOMER. The act of using a wrong name. 2. Misnomers, may be considered with regard to contracts, to devises and bequests, and to suits or actions. 3.-1. by the Centers for Disease Control and Prevention Centers for Disease Control and Prevention (CDC), agency of the U.S. Public Health Service since 1973, with headquarters in Atlanta; it was established in 1946 as the Communicable Disease Center. , since studies generally have found that molds do not cause serious illnesses. In the most severe cases, they may result in allergic reactions or chronic respiratory disease, according to the CDC See Control Data, century date change and Back Orifice. CDC - Control Data Corporation . Still, medical fears have given rise to a growing number of claims in regions with rapid rates of residential construction. Most of those claims have been brought by residents alleging mold came from broken pipes and faulty construction. "There are few other construction defect claims that have the threat of debilitating de·bil·i·tat·ing adj. Causing a loss of strength or energy. Debilitating Weakening, or reducing the strength of. Mentioned in: Stress Reduction illness," said Andrew Henderson, vice president and general counsel of the Building Industry Association of Southern California. Wood Smith, which had handled construction defect and personal injury claims, ran across its first toxic mold case in 1998 when the firm represented a third party defendant in a Beverly Hills suit that ended up settling for $12 million. "At the time, it was the largest toxic mold settlement," said Dan Berman, one of the founding partners. "I couldn't understand why it settled for so much." The firm dived into the field, quickly gaining credibility because Berman and founding partners Stephen Henning, David Wood and Kevin Smith had all left a Los Angeles-based insurance defense firm, Anderson McPharlin & Conners LLP. To further raise their profile, the partners began hosting free mold seminars for insurance firms, builders and risk managers. Some of the firm's first clients were self-insured real estate developers and entertainment companies, such as Richmond American Homes, Time Warner Inc. and Fox Entertainment Group. Its current clients include Chicago-based Equity Residential, the nation's No. 1 apartment owner in sales. Leveling out Wood Smith first expanded into Riverside, Rancho Cucamonga, Concord and Costa Mesa. More recently, it has opened offices in Phoenix, Las Vegas and Fresno, where home-building booms have led to more toxic mold claims. Berman said he expects Wood Smith to grow 10 percent annually in revenue and number of lawyers. But lawsuits could be leveling out. Henderson said judges are more familiar with the science behind mold, while builders know more about plumbing and moisture problems during construction. Also, builders are using different materials to avoid mold claims. For now, cases keep on coming. Last month a Manhattan Beach couple reached a $22.6 million settlement with a Gardena lumber company and several other defendants not represented by the firm after claiming mold on framing studs in their home caused brain damage to their baby. Berman brushed off concerns that a downturn in mold cases could hurt the firm's business, saying that companies would still seek Wood Smith for its lawyers' trial expertise. "If you can litigate a toxic mold case, you can litigate a breach of contract case," Berman said. |
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