Mr. Andrew Scott Berman

Practice Details

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• Firm Information
  Position

  Partner

  Firm Name

  Young, Berman, Karpf & Gonzalez Professional Association
• Representative Cases & Transactions
  Transactions

  Healthcare And Business Litigation: Defeated breach of contract, fraud and breach of fiduciary duty claim brought by large management services organization (MSO) against large health plan. In same case secured dissolution of temporary injunction enjoining draw down of letter of credit hours before its expiration. Resolved counterclaim for conversion and civil theft in favor of client: Defeated class action against large HMO for commissions allegedly owed to insurance agents; Defended large health plan in state court punitive class action for damages for breach of prompt pay statute and breach of third party beneficiary contract. Represented client all the way to and in Florida Supreme Court. Secured federal All Writs Act injunction to enjoin state court proceeding as a class (later voluntarily vacated in view of Supreme Court case). Represented consortium of health care companies in complex arbitration over purchase price to be paid for health plan that they sold. Favorable settlement achieved; Represented large health plan in federal lawsuit arising over failed merger and acquisition of another health plan. Defeated key claim through summary judgment which propelled settlement of matter; Handled scores of provider/health plan disputes in state and federal court; Represented large health plan in defeating effort by large management services organization to enjoin termination of its contract. +Significant experience dealing with Economic Loss Rule in a variety of business disputes; Defended health plan's contract award by large public employer in bid protest case; Prosecuted and defended injunction actions in variety of cases involving covenants not to compete and misappropriation of trade secrets; Appellate Practice: Handled over 170 appeals and related appellate matters in state and federal court; Probate Litigation: Handled complex estate litigation involving estate will contest, forgeries and elective share issues; Professional Responsibility: Overturned emergency suspension of attorney by Florida Supreme Court within 30 days of suspension order. Reinstatement saved lawyer's lucrative practice; Represented scores of applicants before Florida Board of Bar Examiners; Obtained mandamus from Supreme Court against Florida Board of Bar Examiners compelling it to consider former lawyer's application for re-admission despite suspension in other jurisdiction. Applicant subsequently readmitted in Florida; Defended clients in many high and low profile Bar disciplinary cases; Have been qualified and testified as expert witness on legal ethics issues involving conflicts of interest, law firm breakups and departures of attorneys' fees.