David O Batista

Practice Details

• Languages
  Spanish
• Firm Information
  Position

  Attorney

  Firm Name

  Shutts & Bowen LLP
• Representative Cases & Transactions
  Cases

  Experience: Representative Matters: Within 20 minutes of the jury retiring to deliberate, our client, an affiliate of a large U.S. insurance company, received a complete defense verdict in an insurance coverage
  breach of contract case in Miami federal court.
  Represented two doctors
  one of the most prominent medical laboratories in the U.S. in a two-week jury trial where the plaintiff (a shareholder
  former at will employee) asserted numerous claims for breach of fiduciary duty
  breach of contract
  sought about $17 million in damages, plus punitive damages, against our clients. Granted a zero verdict.
  Represented the developer of the tallest building on the Gulf Coast from Florida to New Orleans, who was awarded a judgment for $41.5 million in a two-week federal jury trial involving breach of a builder's risk insurance policy.
  Represented a leading designer
  manufacturer of finishing machinery on the plaintiff's strict liability claims of failure to warn
  defective manufacture, where the plaintiff claimed damages of approximately $2 million for the loss of use of his right arm as a result of an accident. Granted favorable summary judgment.
  Represented owner of multi-million dollar yacht in federal jury trial case tried to verdict in the U.S. District Court, Southern District of Florida, involving claim of approximately $2 million for breach of contract
  maritime lien.
  Represented a client in a five-day federal jury trial against major yacht manufacturer in a case involving claims for fraud, violations of Florida's Deceptive
  Unfair Trade Practices Act
  Magnuson-Moss Warranty Act. The defendant ultimately paid our client in excess of $475,000 for the judgment
  all attorney's fees.
  Defended one of the finest
  largest swimming pool contractors in Florida
  a prominent engineer against claims asserted by the Florida Board of Professional Engineers in a DOAH proceeding,
  succeeded in recovering attorney's fees against the Board.
  Represented a major Florida university awarded arbitration concerning a claim for defective construction of intramural fields.
  Represented one of the nation's leading car rental companies in securing multiple preliminary injunctions against several repair facilities for violation of Florida's Motor Vehicle Repair Act.
  Represented one of the largest brick paving
  precast stone installation companies in the U.S. in construction lien foreclosure trial tried to final judgment.
  Represented local south Florida propane gas company in various trials tried to final judgment involving contract disputes.
  Represented local south Florida concrete precast company in obtaining several l
  use variances before the Miami-Dade Environmental Quality Control Board.
  Previous Experience: Research Attorney, Michigan Court of Appeals