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Donna M. Ballman, P.A. 4801 South University Drive, Suite 3010, Fort Lauderdale, Florida 33328 Telephone: 954-680-6669 Fax: 954-680-6694 URL: http://www.lawyers.com/ballman www.lawyers.com/ballman |
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Firm News
$600,000 JUDGMENT ON BREACH OF CONTRACT CASE
Donna Ballman has obtained a judgment in excess of $600,000 for breach of an employment contract. The company terminated its employee prior to the end of an employment contract and failed to pay the severance set forth in the agreement. Summary judgment was entered in favor of the employee, and damages included the lost wages and prejudgment interest, with the Court reserving jurisdiction to assess the amount of attorney's fees and costs.
NON-COMPETE AGREEMENT THROWN OUT
Donna M. Ballman, P.A. has defeated a non-compete injunction entered against a client. An emergency injunction was entered without notice to the former employee. Upon hearing the testimony presented by attorney Lorena Schwartz, the court overturned the non-compete agreement. The employee was a sales person who obtained leads through a public source. The former employer sought to keep the employee from opening a competing corporation. The Court found that, because the information used in leads was public information and not confidential, the former employer had no interest to protect and lifted the injunction.
$100,000 VERDICT ON DEFAMATION CASE
Donna M. Ballman, P.A. has won a $100,000 jury verdict on a defamation case against American Airlines. The case involved the company putting false information in a disciplinary action, spreading false information about the employee, and allowing the information to continue to spread knowing it was false. The jury further found that the company had negligently supervised its employees. The employee, who still works for American, received the monetary award for damage to reputation and for emotional distress. The case, which went all the way to the United States Supreme Court and back into state court, also involved unique issues of preemption under the Railway Labor Act.
COURT CERTIFIES CLASS ACTION ON WIRETAPPING
A West Palm Beach judge certified a class action in a case involving illegal wiretapping of employees and citizens who called into the Lake Worth Police Department. Donna Ballman represents the class along with John Davis. The case started when an employee being subjected to disciplinary action discovered the employer had taped personal telephone calls she had while at work. The employer did not inform employees or callers they were being taped.The "Security of Communications Act" makes it illegal to intentionally intercept, use or disclose, or endeavor to intercept, use or disclose, or procure any other person to intercept, use or disclose, any wire communication. The Act has both criminal and civil penalties.
The certification of the class means the employer has the potential to be held liable for thousands of calls over the course of years that were illegally intercepted. The class representative is a law enforcement officer employed by the employer. All persons who were parties to telephone calls to and from non-emergency and non-published telephone numbers after July 22, 2000 are potential class members.
BALLMAN NAMED TO TOP ATTORNEYS IN SOUTH FLORIDA BALLMAN NAMED LEADING FLORIDA ATTORNEY HIALEAH PAYS $189,000 TO SETTLE SWIM CASE BALLMAN APPEARS ON LIFETIME TELEVISION SPECIAL ON SEXUAL HARASSMENT $916,000 JURY VERDICT $275,000 JURY VERDICT |
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