Cases
Notable Cases: Suntree Technologies, Inc. v. Ecosense International, Inc.: 693 F. 3d 1338 (11thCir. 2012)
Affirming order on Defendant's Motion for Summary Judgment under Lanham Act
FDUTPA on the grounds that Plaintiff failed to show the likelihood of confusion
other key elements.
Orkin Exterminating Co., Inc. v. Delguidice: 790 So. 2d 1158 (Fla. 5th DCA 2001)
Homeowners sued the client, a pest control company, for stigma damages arising from the treatment of their home for termites although the damage to the home had been repaired by the pest control company. Appeal followed a $300,000 verdict for the Plaintiffs. The appellate court reversed the jury verdict finding that stigma damages were not recoverable
that damages were limited to repair
replacement or diminution of the home's value. In post appellate motions, the client sought
won recovery of its attorneys fees from the Plaintiffs.
Orkin Exterminating Co., Inc. v. Petsch: 872 So. 2d 259 (Fla. 2d DCA 2004)
(Co-counsel Sidley, Austin, Brown & Wood) Reversal of trial court decision
enforcement of arbitration provision.
Resolution Trust Corp. v. Broad & Cassel, P.A.: 889 F. Supp. 475 (M.D. Fla. 1995)
Defendant's summary judgment motion granted in an escrow liability case.
Rollins, Inc. v. Butl
: 51 So. 2d 860 (Fla. 2d DCA 2006)
Rejecting a class action under Little FTC Act based on pattern
practice evidence holding that such evidence was not probative as to any other claim
stating that certification of such a claim would violate due process. (Co-counsel)
Rollins, Inc. v. Lighthouse Bay Holdings, Ltd.: Mr. Brown persuaded the Florida Second District Court of Appeal to uphold the right to arbitration found in a pest control contract form.
Swerhun v. General Motors Corp.: 812 F. Supp. 1218 (M.D. Fla. 1993)
Damages limited in dealer termination case
impact rule applied.
Cypress Lakes Apartments, Ltd. v. Rollins, Inc.: The Florida Second District Court of Appeal
902 So. 2d 143 (Fla. 2d DCA 2005)
Attorneys Doug Brown
Rick Geller represented a national pest control company sued by the owners of an apartment complex. The parties' form contract for drywood termite fumigation contained a clause requiring the parties to settle any disputes through binding arbitration. The apartment complex challeged the arbitration clause as unconscionable
as restricting statutory remedies. Hillsborough County Circuit Judge Gregory Holder rejected the apartment complex's legal arguments
stayed the action pending arbitration. The Florida Second District Court of Appeal affirmed Judge Holder's decision without opinion.
Florida Power Corp. v. Granlund: 78 F.R.D. 441 (M.D. Fla. 1978)
St
ing under indirect purchaser doctrine under Federal antitrust laws.
GMAC v. Laesser: 718 So. 2d 517 (Fla. 4th DCA 1998)
Court imposed strict causation requirements under the Little FTC Act.
Lighthouse Bay, Ltd. v. Orkin: Hillsborough County jury rejected a $10 million claim for past
future termite damage repair costs. The jury found in favor of RK's client, Orkin, on all counts. The Plaintiff also sought $30 million under the Florida Civil Remedies Act,
, through counsel, had announced an intention to seek $100 million in punitive damages.
Oreck v. Ferris: 744 So. 2d 1012 (Fla. 5th DCA 1999)
Affirmed without opinion. Summary judgment affirmed against Counter-Plaintiff in RICO claim
fees awarded against Counter-Plaintiff.
