Commercial Litigation
- Desaad – Obtained multi-million
dollar judgment following bench trial on wrongfully terminated former
Vice-President of Venezuelan bank’s claims of statutory indemnification
pursuant to the Florida Business Corporation Act and her employment
contract. (Eleventh Jud. Cir. Case No. 01-13868-CA-11)
- Robobar – Notably defended at
trial (obtaining a defense verdict) a multi-million dollar breach of contract
and related civil tort claims which involved hotels throughout Europe and North America brought by a manufacturer of in-room bars against international hotel corporation. (Eleventh Jud. Cir. Case No. 93-15059 CA
24)
- M Group – Successfully defended a
multi-million dollar claim in arbitration (obtained a decision for the defense
with an award of attorney's
fees and costs) brought pursuant to St. Lucian law by an entity against an
international hotel corporation involving a resort in the Caribbean. (American Arb. Assoc. No. 50 T 168)
- CDR I – Defending individual
judgment debtor in action in aid of execution seeking over two million dollars
pursuant to the Uniform Out-of-Country Foreign Money-Judgment Recognition
Act. (Eleventh Jud. Cir. Case
No. 06-10821 CA 31)
- CDR II – Defending several defendants in a four count equitable action brought by an instrumentality of a
foreign government which seeks to preclude these and other defendants (which it
asserts are all guilty of defrauding a foreign bank out of approximately $92
million dollars) from fraudulently transferring assets and property located in
Miami-Dade County. (Eleventh Jud. Cir. Case No. 08-50688 CA 32)
- Blue Oil – Received expedited discovery, despite opposition, in the Southern District of Florida for British Virgin Islands corporation – under 28 U.S.C. § 1782 – as to its multi-party, multi-million dollar commercial action involving its oil business in Guatemala. The underlying claims were pending in the United Kingdom before the High Court of Justice. (S.D. Fla. Case No. 09-22549-mc-ALTONAGA/BROWN)
- Sky – Received dismissal with prejudice – following a mistrial in a civil fraud case seeking several million dollars – due to witness tampering in the courtroom during a sidebar conference on the third day of trial. In the first reported incident of its type in the United States, Plaintiff’s chief executive and Plaintiff’s chief operating officer, while he was on the witness stand, were texting each other as to the witness’s testimony. The trial court ruled this was a fraud on the court. (Eleventh Jud. Cir. Case No. 07‑32308 CA 06) (Third Dist. Case No. 3D09-2843)
- B. – Successfully defended a luxury vessel owner against a yacht broker's breach of contract claim for a substantial commission on the sale of a $360 million dollar yacht. The case was dismissed on jurisdictional grounds. (S.D. Fla. Case No. 09-60321-CIV-ALTONAGA/BROWN)
- A.G. Gladstone – Successfully
represented corporations and individual plaintiffs, at jury trial and on
appeal, in action arising out of breach of joint venture agreement entered into
for purposes of multi-million dollar condo conversion of Miami Beach
hotel. (Eleventh Jud. Cir. Case
No. 99-05100 CA 03) (Third Dist. Case No. 3D 04-781)
- Randall – Reached confidential settlement following the entry of an order granting summary judgment against an internationally known condominium developer in a breach of contract claim for failure to pay a substantial performance bonus to a former officer of the subject company. (Eleventh Jud. Cir. Case No. 08-50077CA 21)
- Cedar – Obtained a substantial settlement in an action brought to recover a fraudulently obtained defeasance fee—a prepayment penalty on a loan—based on a false promissory note against a Tennessee based federal savings bank. The case arose out of a $12 million dollar real estate sale in central Florida. (Ninth Jud. Cir., Complex Bus. Div., Case No. 09-CA-31594-Div. 32)
- Jones – Notably defended, at bench
trial in federal court, admiralty and maritime claim arising out of the
wrongful arrest of 90-foot custom made motor vessel. (S.D. Fla. Case No. 04-22864-CIV-ALTONAGA)
- Showtime – Successfully defended
contractor in action involving extensive custom wood-working build out to
several floors of a building on Miami Beach. (Eleventh Jud. Cir. Case No. 05-06515
CA 23)
- FX – Obtained defense verdict following bench trial in action to
recover costs of specialized photography. (Eleventh Jud. Cir. Case No. 07‑07776‑SP‑05)
- M.L. – Obtained complete defense award with attorney's fees and costs following a bench trial in an action for accounting
arising from a dispute between former partners over commissions from roughly 70
real estate transactions in Miami. (Eleventh Jud. Cir. Case No. 06-105-05 CA
13)
Insurance Coverage
- Efthimou – Favorably settled first
party insurance claim on behalf of warehouse owners
pursuant to vandalism claim. (Eleventh
Jud. Cir. Case No. 00-04494 CA 23)
- Tobin – Prevailed on behalf of homeowner, including recovery of attorney’s fees, in first party property insurance case involving extensive damage to large oceanfront home in Deerfield Beach, Florida against Citizens Insurance Company. (Seventeenth Jud. Cir. Case No. 07-17835 CACE 25)
- Echevarria/Bernuth – Notably defended
three commonly owned corporations involved
in the shipping industry on the Miami River in the following actions: a) wrongful death action by
widow of longshoreman killed while performing stevedoring
activities (Eleventh Jud. Cir. Case No. 96-25772 CA 27); and related declaratory
judgment action brought by American Home Assurance Company based upon the
subject liability policy. (S.D. Fla. Case No. 01-972 CIV-HUCK)
- Industrial Affiliates – Obtained
confidential settlement in first party property insurance case involving extensive damage to
roofing structures throughout multi-building
warehouse complex severely damaged by Hurricane Wilma. (Settled
pre-suit)
- Ceper – Favorably settled action
in federal court to recover proceeds of life insurance
policy. (S.D. Fla. Case No. 02-20412-CIV-HUCK)
- Mutiny – Favorably settled first
party property insurance claim by obtaining coverage
for significant structural damages to condominium parking garage. (Eleventh
Jud. Cir. Case No. 01-1059 CA 25)
Medical Malpractice
- Orlando – Obtained a multi-million
dollar verdict (following two week jury trial) in
medical negligence action brought on behalf of minor twins against several defendants, including a major local hospital
and obstetrician, where the subject's medical
providers failed to properly assess and treat post-operative complications following
a cesarean section, thereby resulting in the death of the twins' mother. (Eleventh
Jud. Cir. Case No. 02-32509 CA 21)
- Gonzalez – Negotiated substantial settlement in a medical negligence case against a major South Florida hospital on behalf of a man who was left in a persistent vegetative state due to claim of substandard care. (State of FL Div. of Admin. Hearings Case No. 09-2729MA)
- Alvarez – Settled wrongful death
action based upon medical negligence brought by migrant
worker against local clinic and an internist. (Eleventh Jud. Cir. Case No. 06‑13292 CA 23)
- Noriega – Received significant
settlement in nursing home negligence action against
two defendants on behalf of widow of decedent who suffered from very advanced
stage decubitus ulcers which ultimately resulted in his death. (Seventeenth Jud. Cir. Case No. 00-004103 CA 14)
- Thomas – Obtained confidential
settlement on behalf of a developmentally disabled adult beaten into a coma by
fellow resident of intermediate care facility for the developmentally disabled
located in Miami, Florida. (Eleventh Jud. Cir. Case No. 01-24491 CA 20)
- Anselmetti – Settled wrongful
death action on behalf of developmentally disabled adult who was suffocated and killed during restraint at a local residential
facility. (Eleventh Jud. Cir. Case No. 06‑18794 CA 06)
- Boyd – Prevailed at motion to dismiss hearing in negligence action against home health care agency brought by plaintiff who sustained extensive injuries in a fall while receiving treatment. (Fifteenth Jud. Cir. Case No. 2007 CA-011017-XXXX-MB)
Personal Injury/Wrongful Death
- Zuber – Obtained confidential
settlement in wrongful death action against automobile
dealer and it's employee arising out of an accident in which a twelve year old boy was
killed while crossing roadway on his bicycle in Broward County.
(Seventeenth Jud. Cir. Case No. 97-14052 CACE 05)
- Federl – Obtained multi-million
dollar judgment following bench trial in federal court in maritime action for wrongful death
brought by adult children whose parents
drown following a boating accident caused by the negligence of a boat chartering company.
(S.D. Fla. Case No. 97-6834-CIV-FERGUSON)
- Charafardin – Settled trucking
accident case in which teenage boy suffered extensive
facial and bodily scarring due to the negligent operation of an eighteen wheeler. (Eleventh Jud. Cir. Case No.
05-05349 CA 04)
- Miethe – Received significant
verdict against the Hertz Corporation on behalf of woman severely injured in automobile accident where tire failed.
(Eleventh Jud. Cir. Case No. 94-13609 CA 15)
- Lam – Obtained confidential settlement for the parents of the deceased in wrongful death, products liability action brought in St. Lucie County, Florida following a single sports utility vehicle rollover accident. The accident occurred due to a defective rear tire. (S.D. Fla.)
- Echevarria/Bernuth – Notably
defended three commonly owned corporations involved
in the shipping industry on the Miami River in a wrongful death action brought by widow of
longshoreman killed while performing stevedoring activities. (Eleventh Jud. Cir. Case No. 96-25772 CA
27)
- Toombs – Favorably settled wrongful death action against
multiple defendants brought on behalf of the mother of two children who was
killed in a violent automobile accident in Osceola County, Florida. (Ninth
Jud. Cir. Case No. CI 97-AN-1620)
- Leitgeb – Obtained favorable settlement in negligence action brought
against multiple defendants by a mother, individually and on behalf of her
minor daughter, to recover for their extensive injuries sustained in a head on
automobile collision in Fort Myers, Florida. (Twentieth Jud.
Cir. Case No. 00-625 CA LG)
Appeals
- A.G. Gladstone – Significant
verdict affirmed in action arising out of breach of joint venture agreement
entered into for purposes of multi-million dollar condo conversion of Miami
Beach hotel. (Third Dist. Case No.
3D 04-781)
- Robobar – Defense verdict affirmed
in multi-million dollar breach of contract and related
civil tort action brought by a manufacturer of in-room bars against international hotel corporation. (Third
Dist. Case No. 3D03-1641)
- Penabad – Summary Judgment affirmed in case of alleged fraud arising from ownership and operation of the Betsy Ross Hotel on Miami Beach. (Third Dist. Case No. 3D08-1337, consolid.
3D08-1116)
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