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Litigation

NOTABLE LITIGATION MATTERS INCLUDE:

Fortune 500 Matters

  • Representation of Fortune 100 insurance company throughout state and federal courts in Florida in commercial litigation and first party insurance coverage defense, including structured settlement disputes, vicarious liability issues, agent disputes, bad faith and interpleader actions

  • Representation of Fortune 100 telecommunications company in general and commercial litigation matters throughout state and federal courts in Florida including breach of contract, consumer fraud claims, consumer disputes, and deceptive trade practices issues

  • Representation of Fortune 100 chemical company in products liability and commercial litigation matters throughout state and federal courts in Florida including class action defense, breach of contract, breach of warranty, intentional torts, consumer fraud, RICO, and a variety of consumer claims

  • Representation of Fortune 100 oil and gas company in defense of class actions regarding consumer fraud claims and deceptive and unfair trade practices

  • Representation of Fortune 100 health insurance organization throughout state and federal courts in Florida in commercial litigation and ERISA-related disputes for breach of contract, tortious actions and bad faith

  • Representation of Fortune 200 products and services company in commercial litigation matters throughout state and federal courts in Florida, including breach of contract, consumer claims, and consumer tort issues

  • Representation of Fortune 200 health, supplemental and limited benefit insurance company in coverage claims covered by accident, disability, cancer and critical illness policies throughout Florida, as well as ERISA-governed claims

  • Representation of Fortune 200 life, disability, and long-term insurance companies throughout Florida in first party insurance coverage actions including interpleaders, agent disputes, vicarious liability, stranger-owned policies, and bad faith actions

  • Representation of Fortune 200 health insurers throughout Florida in disputes with consumers, hospitals and providers regarding breach of contract, tort actions and overpayment claims

  • Representation of largest privately owned international life and health insurer in breach of contract, tort and rescission claims throughout Florida and abroad

  • Representation of leading Fortune 500 insurers in third-party coverage disputes related to automobile accidents, property/casualty claims including homeowners’ owners policies, and malpractice cases

  • Representation of airline company in defense of class action lawsuit filed by five South Florida law firms on behalf of the plaintiffs seeking well over $20 million against our client, a private commercial international airliner with flights between Miami and Venezuela, in breach of contract claim over an $80 exit fee allegedly wrongfully charged to tens of thousands of passengers who travelled from Miami International Airport to Venezuela over a period of at least five years. After two years of litigation, the Southern District of Florida granted our client’s motion to dismiss the entire lawsuit with prejudice.

Class Action Representation

  • Representation of two Fortune 100 automobile manufacturers in toxic tort asbestos litigation, which after weeks of trial and the cross examination of Plaintiff's expert witnesses, Plaintiff settled with clients for a confidential sum. The remaining Defendants did not settle and proceeded to verdict, and the jury awarded Plaintiff in excess of $32 million

  • Representation of a Fortune 200 insurance company in defense of multi-billion dollar class action for breach of contract, unfair and deceptive trade practices and consumer claims, wherein class claims were defeated on appeal and case was dismissed with prejudice by appellate court, after class was certified at the trial level

  • Representation of lenders in multi-state class actions involving alleged violations of the Telephone Consumer Protection Act

  • Representation of client in a multi-million dollar class action against Internet company for breach of contract, violations of Florida’s unfair and deceptive trade practices act, and violations of state and federal computer laws

Real Estate Litigation

  • Representation of a Florida commercial real estate developer in a lawsuit filed by a New York-based investment group in the United States District Court for the Southern District of New York over the alleged breach of a contract by the developer entitling the investor to all interest in various entities owning over 4,000 acres of real property in Florida worth over $300 million. The New York litigation related to several other commercial real estate and foreclosure disputes pending in various Florida courts involving approximately $70 million in mortgage loans and properties stretching across Florida. The Firm was lead counsel for all Florida litigation matters and retained the law firm of Gibson, Dunn & Crutcher as co-counsel in the case before the Southern District of New York. After six months of intense, fast-tracked litigation, the New York case was favorably settled on the eve of trial. The settlement, in part, released our client from the payment of approximately $50 million to the New York-based investor
  • Representation of a real estate developer in a dispute with the principal of one of its partners who recorded fraudulent and improper claims of lien and lis pendens against the partnership's property and which unlawfully clouded title to the property. The case was litigated through trial and a verdict in favor of our client and a damage award of $6.7 million was rendered by the Court, which included punitive damages pursuant to Florida Statutes, Chapter 713. Successfully moved for and obtained a final judgment for significant monetary sanctions against opposing litigant and his counsel, jointly and severally, for bad faith litigation
  • Representation of a South Florida developer sued after purchasing over $34 million in real estate by a former employee claiming to be a 50% joint venture partner of the developer-owner under an oral agreement for the development of condominium conversion projects. After litigating the matter for nearly three years, including efforts by Plaintiff to disqualify the Firm as the developer's chosen counsel, the Firm successfully defended the developer-owner from numerous contractual and fraud-based claims through trial, obtaining a jury verdict rejecting Plaintiff's case and in favor of the developer's breach of contract counterclaim. The jury verdict in favor of the counterclaim entitled our developer-client to the recovery of its attorneys' fees and costs
  • Representation of a worldwide developer of commercial and mixed-use properties, in state and federal courts in Florida for breach of contract, breach of the covenant of good faith and fair dealing, officer/director liability issues, and business tort actions
  • Representation of an architectural/engineering firm and one of the largest Hispanic-owned, privately-held companies, ranked by Inc. 500 as one of the fastest growing companies in the U.S. and as a Top 50 Exporter by Hispanic Business Magazine, in commercial and general litigation matters throughout state and federal courts in Florida for breach of contract, business torts and other matters related to planning and execution of projects

Representations in Wrongful Death, Catastrophic Injury and Malpractice Actions

  • Representation of the State of Florida Department of Agriculture through appeal in a suit involving a claim that the State of Florida failed to adequately inspect carnival rides resulting in the death of a teenager. The case was dismissed against the State of Florida at the trial court level and ultimately affirmed on appeal
  • Representation of a child and her parents in their claims against two physicians, a hospital and a nurse, arising from a shoulder dystocia and brachial plexus injury to the child at birth allegedly caused by the negligence of the defendant medical professionals. On the first day of trial a global settlement was reached with all defendants resulting in a structured settlement yielding over $2 million for the benefit of the child, separate and apart from the attorneys' fees earned and collected by our Firm's attorneys
  • Representation of a local psychiatrist in a medical malpractice lawsuit where it was alleged that a patient suicide resulted from alleged medical malpractice. After a five week trial, the jury returned a defense verdict in favor of the Firm's client

Criminal and Fraud-Related Defense Matters

  • Representation of former Major Leaguer Jose Canseco and his brother Osvaldo Canseco after their arrest for aggravated battery stemming from an incident in a nightclub on Miami Beach. The State's initial plea offer included a state prison sentence. After trial preparation, argument on motions in limine and during jury selection, the State agreed to withdraw its request for a state prison sentence and instead place Jose and Osvaldo Canseco on probation
  • Representation of former NFL player Wesley Carroll in a case involving alleged perjury in relation to an accusation of improper inducements to local college athletes by a sports agent. After a vigorous defense and numerous depositions, instead of seeking a jail term, the State agreed to enroll Mr. Carroll in a pre-trial diversion program wherein the charges against him were ultimately dismissed based on his successful completion of the program
  • Representation of a husband and wife sued in the U.S. District Court for the Southern District of Florida for civil and criminal usury and fraud-based claims arising out of a promissory note, and pledge and security agreement, that plaintiff attempted to invalidate. Successfully managed to have the entire case dismissed, with prejudice, by U.S. District Court Judge Patricia Seitz, and obtained the entry of a final judgment imposing monetary sanctions against plaintiff and plaintiff's counsel for bad faith litigation

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