Cases
Experience: Real Estate
Construction Litigation: Represents developers, national homebuilders,
other property owners in various pre-suit claims
lawsuits involving, among other things, l
use
zoning challenges, disputes over purchase
sale agreements, property boundary
easement disputes, alleged construction defects, allegations of mortgage fraud, leasing disputes,
broker commission disputes.
Represented several national
regional homebuilders in multiple state
federal court lawsuits involving allegedly defective Chinese-manufactured drywall, including in In Re Chinese Manufactured Drywall Product Liability Litigation, MDL No. 2047.
Obtained complete defense verdict for national engineering
construction services company on $14.5 million negligence claim following a four-week jury trial, which was affirmed on appeal.
Defended developer in lawsuit challenging zoning approvals
constitutionality of notice requirements under City of Miami's Zoning Code in connection with construction of municipal transportation facility
obtained final summary judgment in favor of developer.
Defended developer in lawsuit with municipality seeking to avoid obligations under l
swap agreement
resolved through settlement that granted developer increase in development rights for related condominium project.
Defended developer in multiple lawsuits involving challenges to ballot question in special election to authorize development of a $400 million project on city-owned waterfront property
obtained final judgment rejecting challenges to ballot question in all cases
decisions were affirmed on appeal before the Third District Court of Appeal
successfully defeated petition for review before the Florida Supreme Court.
Defended developer in taxpayer lawsuit seeking to stop development of $600 million mega-yacht marina project
to invalidate lease agreement between city
developer for city-owned waterfront property
obtained dismissal with prejudice in favor of developer.
Defended developer in lawsuit seeking to invalidate development agreement
zoning approvals for $1.5 billion mixed-use project
obtained dismissal with prejudice in favor of developer.
Defended developer in lawsuit seeking to invalidate $88 million tax incentive financing (TIF) agreement for $1.5 billion mixed-use project
obtained dismissal with prejudice in favor of developer.
Defended promotor of Miami International Boat Show in multiple lawsuits from Village of Key Biscayne seeking to prevent relocation of show to Miami Marine Stadium in Virginia Key
obtained dismissal of claims
negotiated settlement that allows show to continue operations at new location.
Represented homeowner in construction defect lawsuit involving $30+ million renovation of historic Miami Beach residence.
Represented homeowner in dispute with architect
contractor involving design
construction of private residence on Jupiter Isl
, Florida.
Retained by estate of developer to coordinate resolution of multiple pending lawsuits
negotiated several settlements that facilitated closing of estate.
Defended a national homebuilder
title company against various fraud-based claims asserted by the liquidating trustee of a failed mortgage company
the receiver of a failed bank arising from the sale of certain condominium units.
Represented private elementary school in lawsuit against neighboring property owner for damage resulting from excavation
sheet piling
resolved through settlement.
Represented REIT in claim against former tenant of large warehousing facility for surrender of property in state of disrepair.
Represented real estate investment company in emergency motion to set aside $1.25 million default judgment following jury trial involving personal injury that occurred on property prior to transfer of title to client
obtained order setting aside default judgment, which was affirmed on appeal.
Represented limited members of real estate investment company in four-day bench trial against managing members for breach of fiduciary duty.
Represented owner of home in Indian Creek Village in claim against roofing contractor for breach of contract
obtained summary judgment in favor of homeowner.
Class Action Litigation: Defended investment fund
its managers in a putative class action from feeder fund investors, seeking more than $500 million in damages in connection with claims for breach of fiduciary duty
negligence
obtained an order of dismissal with prejudice at the pleading stage from the federal district court.
Defended five movie studios in a putative nationwide class action challenging the marketing of Blu-ray
DVD movies
obtained an order of dismissal with prejudice at the pleading stage from the federal district court.
Defended global product testing
certification company in a putative nationwide class action challenging the certification of certain HVAC products
obtained an order of dismissal with prejudice at the pleading stage from the federal district court.
Defended electronic health records software company in nationwide, putative class action lawsuit involving, among others, claims for breach of warranty, violation of state consumer protection laws,
unjust enrichment
negotiated class wide settlement.
Defending a plumbing product marketer
distributor in putative class action lawsuits involving, among others, claims of breach of express warranty, breach of implied warranty of merchantability, breach of state consumer protection laws,
unjust enrichment.
Other Business Litigation: Obtained complete defense verdict for public healthcare system on claim under the Florida Whistleblower Act following seven-day jury trial.
Represented pharmaceutical company in ICC arbitration involving dispute with international manufacturer over product development
supply agreement.
Defended banking institution accused of fraud
violating Florida's Deceptive
Unfair Trade Practices Act in equity stripping case
obtained dismissal of all claims.
Defended investors in evidentiary hearing for determination of reasonable attorneys' fee, resulting in award of less than fifty percent of amount dem
ed.
Represented South American wine producer in contract dispute with U.S. distributor.
Represented wine
spirits distributor in lawsuit against former executive seeking to enforce restrictive covenant.
Defended medical care services company from wrongful termination
fraud claims by former executive
obtained order of dismissal of all claims with prejudice at the pleading stage.
Defended manufacturer from wrongful termination
breach of contract claim by former executive.
Represented purchaser of software company in litigation against seller for breach of representations
warranties in Business Sale Offer
Acceptance Agreement.
Represented cruise line in connection with multi-million dollar claim under Oil Pollution Act of 1990 (OPA) against inl
tank barge company for damages resulting from oil spill
resolved claim through settlement.
Previous Experiences: Law Clerk, national construction litigation firm
Project Manager, The Weitz Company
Assistant Project Manager, The Haskell Company
