Cases
Significant Representative Matters: Tried to verdict a negligence claim against an Apartment Ownership Group for an improper construction of a stairwell. Defense verdict.
Tried to verdict claims of breach of warranty, fraud,
breach of express warranty against roofing/tile manufacturer.
Tried to verdict construction injury claims where plaintiff, a sixteen (16) year old at the time, claimed extensive brain damage. Plaintiff sought $24 million. After apportionment
setoff, jury awarded less than $600,000.00.
Resolved breach of warranty, negligence,
breach of contract claim again developer under wrap policy brought by Association.
Successfully resolved claims of negligence
breach of contact against the design build MEP engineer involving humidity control in a food processing facility. Plaintiff claimed $14 million. The case was resolved for $2.6 million.
Attained dismissal of cause of action from the District Court, Middle District of Florida, of a claim against our attorney, client, alleging violation of bankruptcy law. Plaintiff was claiming class action status
, excess of $1 million.
Successfully obtained summary judgment on behalf of subcontractor against general contractor where general contractor had brought claims for breach of contract, negligence
violation of Florida's Building Code. Third-Party Plaintiff, general contractor, was seeking approximately $600,000.00. The trial court granted summary judgment
awarded our client attorneys' fees pursuant to a Proposal for Settlement which was recovered from the general contractor to the benefit of the insurance company.
Resolved breach of contract
tort action brought by general contractor against subcontractor for $9.9 million by demonstrating that damage may have been due to sequencing of project rather than improper installation of glazing materials.
Defeated Section 1983 claim brought by plaintiff against attorney, hired by court appointed receiver, where plaintiff sought damages of $30 million by demonstrating that attorney was not state actor. Affirmed by Eleventh Circuit Court of Appeals.
Resolved breach of contract
tort action by owner against general contractor where dem
was $1.5 million by demonstrating that damage was associated with manufacturing defect
product was purchased by the owner.
Resolved breach of contract claim brought by general contractor against subcontractor where dem
was $5.7 million by arguing that leakage around window was not associated with glazing but the failure of a through wall moisture barrier.
Obtained a dismissal with prejudice of his attorney clients, in a quasi legal malpractice case asserting violation of FDCPA, FCCPA, malicious prosecution
intentional infliction of emotional distress. Plaintiff alleged his ex-wife's attorneys violated the FDCPA
FCCPA by attempting to collect tutoring charges incurred on behalf of the couple's son pursuant to a Marital Settlement Agreement. The District Court for the Middle District of Florida held the collection of tutoring fees in an underlying state family court matter does not constitute a transaction under the FDCPA. Moreover, there was no malicious prosecution since there was no basis for the Plaintiff to plead lack of probable cause. Finally, the District Court held the alleged actions of the attorney filing suit could not form the basis of an intentional infliction of emotional distress because the suit was barred by Florida's litigation privilege.
Published Works: Substituted Service: The Lazy Plaintiff, Defense Digest, Vol. 24, No. 2, June 2018
