Defense Cases
- Represented the mortgage banking arm of a large financial institution in defense of a breach of contract claim for failure to purchase securities brought by another major securities brokerage firm. The claim, which was litigated in the State Court in Miami, Florida, was for in excess of $20 Million. We prevailed on all claims brought against our client and on the counterclaim for unlawful tapping of a telephonic conversation.
- Represented an individual sued in federal court by two Swiss companies, one of the world’s largest banks and a large multinational insurer, for multiple millions of dollars for fraud, conversion and indemnification under the Swiss civil code. We succeeded in dissolving an ex-parte prejudgment order that had frozen all of the client’s assets, obtained a very favorable settlement of one of the claims and succeeded at a trial on the merits of the other claim. Our client’s attorney’s fees were paid by the plaintiff as part of a settlement of the post-trial motions.
- Represented a Spanish manufacturer of cocoa derivative products in a multi-million dollar claim brought by the president of its South Florida affiliate for unlawful termination and breach of an employment agreement. A jury rendered a verdict in favor of the employer on all claims brought against it and awarded it the full amount that it had sought in its counter-claim against its former employee.
- Successfully represented a Florida company in defense of a multi-million dollar claim brought by a Fortune 50 conglomerate on matters arising out of the purchase of a biomedical subsidiary. Underlying matter involved subsidiary’s liability for infringement of intellectual property licensing rights and liability for personal injuries suffered by hemodialysis patients; resolved subsidiary’s liability to third-parties and selling company’s indemnity obligations for those liabilities.
- Represented a major securities brokerage firm in a multi-million dollar churning NASD arbitration. After ten days of hearings, the arbitration panel entered a defense verdict for the brokerage firm and, in addition, awarded damages and attorney’s fees to the brokerage.
- Represented investor group that purchased aircraft jet engine repair company in defense of $10+ Million suit brought by seller of company. A jury trial and appeal yielded defense judgment.
- Successfully defended the Life Insurance Company of Georgia before a jury on a direct claim by a widower and his three children, whose wife and mother died of cancer. Life of Georgia had denied the claim due to the decedent’s failure to disclose her pre-existing AIDS condition, which she had contracted through a blood transfusion during childbirth. The jury rejected the plaintiff’s claim that his late wife had fully disclosed her AIDS condition to Life of Georgia’s agent during the application process. In addition to the defense verdict, Life of Georgia was awarded its attorney’s fees as a sanction against both the plaintiff and his law firm.
- Represented a marine construction contractor who drove a 45 ft. concrete piling through a Force Sewer Main causing the closure of the City of Miami Beach and Miami-Dade County beaches for weeks, including during the July 4th weekend. Resolved numerous insurance coverage issues (insurer initially denied coverage), as well as numerous civil claims for compensatory damages, recoupment of clean-up costs and fines and penalties for environmental harm, totaling in the millions of dollars (many times the amount of the policy limits), that were filed by Miami-Dade County, the City of Miami Beach and the State of Florida. Also prevailed in quasi-judicial licensing revocation proceeding and coordinated in resolving a related criminal proceeding. Successfully litigated federal and state court actions brought by aggrieved private parties. The ultimate consequence to the client was liability for the $5,000 deductible on its policy.
- Following a four-day bench trial in Florida state court, obtained a defense verdict and an award of fees on behalf of a public company sued by a former employee for wrongful termination. The plaintiff had sued in both state and federal court, alleging discrimination based on her having filed a workers compensation claim, her gender and her alleged disability. Under threat of sanctions, and immediately after losing in state court, the plaintiff voluntarily dismissed with prejudice her federal court action.
- Secured the dismissal of a thirty-two million dollar federal court lawsuit brought against a American Bankers Insurance Company, which on appeal was affirmed by the United States Court of Appeals for the Fifth Circuit.
- Represented the FDIC in the defense of a breach of contract claim involving construction defect issues for in excess of $1 Million brought by the purchase of a private Palm Beach club. After trial, a South Florida Federal Judge entered judgment in favor of the FDIC and later awarded the FDIC its costs and attorneys’ fees. This judgment was affirmed on appeal and additional fees were awarded to the FDIC.
- On behalf of Life Insurance Company of Georgia, obtained a summary judgment dismissing the Plaintiff’s case. This case, Wright v. Life Insurance Company of Georgia, 762 So.2d 992 (4th DCA 2000), re-established that lawsuits on insurance policies will be barred where the insured has failed to comply with the conditions precedent to bringing the action.