Cases
Representative Matters: Represented the Goldfield Corporation (a provider of electrical construction
maintenance services in the energy infrastructure industry) in its $7.25 million acquisition of C
C Power Line, Inc. (a full service, union electrical contractor).
Obtained on behalf of a national satellite television installer
service provider a ruling for the client on all fourteen counts, alleging violations of the National Labor Relations Act (NLRA), arising out of the client's withdrawal of recognition of a union at one of their major facilities in Florida.
Obtained a decision from the Florida Third District Court of Appeal reversing a $1 million jury verdict in favor of a former television reporter in her age
sex discrimination suit. Sunbeam Television Corp. v. Mitzel (Fla. Dist. Ct. App. 3d Jan. 18, 2012).
Obtained a decision from the National Labor Relations Board affirming an administrative law judge's decision that the client had not engaged in unfair labor practices by terminating the employment of three employees because they were terminated for their conduct at work rather than their pro-union activities.
Represented a transportation-services company in a collective action brought initially by 165 bus drivers under the Fair Labor St
ards Act. Several plaintiffs withdrew from the action,
the court struck the opt-in notices of 126 plaintiffs who failed to participate in discovery. The company subsequently settled with the remaining 35 plaintiffs. Pluviose v. American Coach Lines of Orl
o, Inc. (M.D. Fla. 2009).
Represented a Swiss bank in a confidential, lengthy hearing before the American Arbitration Association. Claimants, two former high-ranking executives, asserted claims against the bank for payment of wages, abuse of process, tortious interference with business relationships,
breach of contract,
requested damages
attorneys' fees amounting to more than $10 million. Following a 15-day hearing before three arbitrators, the panel issued an award in favor of the bank
awarded it attorneys' fees
costs.
Represented a Swiss bank in a confidential hearing before FINRA. Claimant, a former broker, claimed the bank wrongfully terminated him, was negligent in the h
ling of his accounts
repeatedly defamed him. Following a four-day hearing before three arbitrators, the panel ruled in favor of the bank on all claims.
Represented a motorcoach-services provider in a collective action brought by 63 plaintiffs for violations of the overtime
minimum-wage provisions of the Fair Labor St
ards Act, with four of the plaintiffs alleging violations of the Florida Whistleblower Act. On defendant's motion for summary judgment, the court dismissed 62 of the plaintiffs' minimum wage claims, 48 of the overtime claims,
all four of the whistleblower claims. Walters v. American Coach Lines of Miami, 569 F. Supp.2d 1270 (S.D. Fla. 2008), aff'd, 575 F.3d 1221 (11th Cir. 2009).
Represented an airport-service provider in a collective action in which plaintiffs asserted that defendants violated federal
state wage-hour laws as well as various other state laws. The court granted defendants' motion for summary judgment on plaintiffs' federal claims
dismissed plaintiffs' state-law claims. The U.S. Court of Appeals for the Eleventh Circuit affirmed. Pellon v. Business Representation International, Inc., 528 F. Supp. 2d 1306 (S.D. Fla. 2007), aff'd, 291 Fed.Appx. 310 (11th Cir. 2008).
Represented a car-rental company in a National Labor Relations Board case in which the board claimed that the company fired three employees because of their union activity. An administrative law judge ruled for the company after trial. NLRB v. DTG Operations, Inc. d/b/a Dollar Rent A Car, Case No. 28-CA-23059.
Represented a real estate development company in an action brought by a former controller for national-origin discrimination
retaliation under Title VII
the Florida Civil Rights Act. The company had fired the plaintiff the day after she had sent it a letter complaining of discrimination. The district court granted summary judgment for defendant. Alvarez v. Royal Atlantic Developers, Inc., 574 F. Supp.2d 1301 (S.D. Fla. 2008), aff'd in part, rev'd in part (11th Cir. 2010).
Represented a nonprofit organization in an age-discrimination action. The plaintiff
two witnesses testified during depositions that when the chief executive had fired plaintiff, he had told her that he needed someone younger. The district court granted summary judgment for defendant. Mora v. Jackson Memorial Foundation, 2008 U.S. Dist. LEXIS 104072 (S.D. Fla. 2008).
Represented an airport-services provider in action in which the plaintiff asserted that the defendant had fired him in retaliation for having previously filed a Fair Labor St
ards Act claim. The district court granted defendant's motion to dismiss
for sanctions. Gonzalez v. Business Representation International, Inc., 248 F.R.D. 644 (S.D. Fla. 2008).
Represented a manufacturer of products for the construction
building-maintenance industries in an action in which the plaintiff asserted claims for race discrimination under 42 U.S.C. 1981, harassment, failure to promote,
discriminatory or retaliatory termination. The district court granted defendant's motion for summary judgment, determining that the plaintiff had actually asserted a national-origin claim instead of a race-discrimination claim. After hearing oral argument, the U.S. Court of Appeals for the Eleventh Circuit affirmed. Bedoya v. Hilti, Inc., 2004 U.S. Dist. LEXIS 25537 (S.D. Fla. 2004), aff'd, 159 Fed. Appx. 91 (11th Cir. 2005).
Represented a hospitality employer in an action in which the plaintiff sued the company for race discrimination, racial harassment
discriminatory termination. The district court granted the company's motion to dismiss because plaintiff's counsel failed to comply with his obligations under the local rules. Moss v. The Graham Companies (S.D. Fla. 2005).
Represented a law firm in an action in which the plaintiff sued for race discrimination, harassment
discriminatory termination. Following plaintiff's deposition, we served a motion for sanctions under Fed.R.Civ.P. 11 on plaintiff's counsel. Plaintiff dismissed the lawsuit. Johnson v. Fowler White Burnett, P.A. (S.D. Fla. 2005).
Represented an air-cargo company in an action in which plaintiff claimed that the company denied him a promotion
subsequently terminated his employment on the basis of his race
in retaliation for his alleged complaints about discrimination. The district court granted summary judgment to Gemini. Labady v. Gemini Air Cargo, Inc., 350 F. Supp.2d 1002 (S.D. Fla. 2004).
