Cases
Experience: Representative Matters: Representation of an international aerospace company in a class action, companion mass tort,
individual wrongful death actions in which plaintiffs allege that emissions of volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs),
metals from a manufacturing facility contaminated nearby properties
potentially exposed persons around the facility. Plaintiffs seek injunctive relief, medical monitoring,
monetary damages for alleged personal injuries
diminution in property values. The representation involves the scientific
technical disciplines of statistics, economics, forensic chemistry, epidemiology, toxicology,
other health sciences.
Representation of an aerospace
defense company in complex environmental litigation alleging breaches of contract, strict liability,
other claims relating to operations at a telecommunications equipment manufacturing site.
Obtained a dismissal of claims with prejudice against a U.K.-based foreign exchange trading house
U.S.-based principal in an action brought by a receiver to recover funds in an $80 million Ponzi scheme.
Amcor Rigid Packaging USA, LLC v. City of Orl
o
the Orl
o Utilities Commission. Obtained summary judgment in favor the Orl
o Utilities Commission in a municipal service tax action. The ruling was significant because of the limited case law interpreting the applicable statute,
the broad implications of an unfavorable ruling on municipal finances
the provision of utility services throughout the State of Florida.
Defended two companion shareholder actions involving a regional bank's post-recession private equity capital raise
its
subsequent acquisition. Claims included breach of fiduciary duty
civil conspiracy. Obtained summary judgment reducing alleged damage claims by 95%, resulting in the ultimate dismissal of the actions.
Irizarry et al. v. Orl
o Utilities Commission et al. Defended the Orl
o Utilities Commission in a putative class action brought by residents alleging that emissions from a power plant contaminated more than 15,000 properties within an approximate 80-square-mile area with radionuclides, metals,
other constituents thereby elevating cancer rates. A putative class action that once included more than 30,000 residents has now been dismissed with prejudice.
Defended an action by commercial fishermen alleging damages purportedly resulting from a release of approximately 65 million gallons of process water from an industrial facility into Tampa Bay. The action was originally brought as a class action, which was defeated, as were efforts to join additional commercial fishermen. The representation involves the scientific
technical disciplines of ichthyology, benthic ecology, marine biology, physical oceanography, estuarine science, commercial fishing economics,
statistics. Obtained dismissal of commercial fishermen claims.
Defended a national retailer in a trade dress infringement action brought by an international manufacturer
competitor.
Obtained summary judgment in defense of a marine dredging
engineering company in action dem
ing in excess of $25 million
alleging breach of contract, tortious interference,
misappropriation of trade secrets arising out of the acquisition of an engineering services business.
Obtained summary judgment for a mining
chemical processing company in a toxic tort action in which Plaintiff sought in excess of $63 million
alleged she suffered adverse health effects as a result of exposure to industrial air emissions
fugitive dust. Excluded the proffered expert opinion of plaintiff's toxicologist through the granting of a Daubert motion. Managed defense experts in the disciplines of toxicology, air modeling, medicine, clinical psychology, life-care planning, economics,
biostatistics.
Defended a mining
chemical processing company in a sixteen-count federal court action including the alleged breach of various l
reclamation agreements
state mining regulations affecting more than 2,000 acres of waste clay settling areas
phosphate l
s mined by the client
various legacy owners over a 40-year period. Plaintiffs sought damages in excess of $50 million. Plaintiffs were only able to proceed to trial with approximately $10 million in claims after extensive motion practice. Plaintiffs' claims were further reduced by almost half through a motion for judgment as a matter of law. A jury subsequently returned a split verdict
awarded Plaintiffs approximately $1.5 million in damages, or less than 3% of what they had originally sought. The court subsequently ordered a remittitur, which reduced the damages award by more than $750,000.
Defended a mass toxic tort with more than 1,100 plaintiffs alleging wrongful death, personal injury, medical monitoring,
property damage claims arising out of purportedly contaminated groundwater, surface water, soil,
air in a large area surrounding a facility that manufactured animal feed supplements
certain by-products. Obtained entry of a Lone Pine order requiring plaintiffs to substantiate their allegations of injury
causation or be subject to dismissal.
Obtained summary judgment
a final judgment in excess of $12 million in favor of a syndicated bank lending group against a regional bank. The syndicate sued a blind participant to recover a multimillion-dollar setoff exercised by the participant against the syndicate's borrower in connection with a consumer mortgage fraud scheme
FBI investigation. The case raised an issue of first impression under Florida law
included claims of breach of contract, constructive trust, conversion,
tortious interference.
Obtained a jury verdict in a New York federal court trial in a property dispute action.
Obtained a permit on behalf of large real estate developer in an administrative trial arising from a permit challenged by CSX Transportation. Strategized
coordinated the defense with the state regulatory authority
a local municipality.
Defended a leading food distributor in the resolution of a highly publicized investigation by the Economic Crimes Division of the Florida Office of the Attorney General against allegations of fish misbr
ing or mislabeling (i.e., substitution of commercial fish species). Resolution was without admission of liability or recommendation of penalties. The resolution was accomplished by, among other things, substituting a protein-based testing method, isoelectric focusing, with a state of the art DNA testing method, cytochrome c oxidase subunit I, which is verified against the Fish Barcode of Life database.
Obtained dismissal of a technology company in a wrongful death action based on an alleged breach of contract entered into with a state agency.
Obtained dismissal of an international specialty chemical company in alleged wrongful death
personal injury action.
Represented a chemical manufacturing
advanced materials company in connection with the field application of a new-to-market soil fumigant.
Defended a technology company in an action seeking declaratory relief
alleging breach of contract, tortious interference with advantageous business relationship,
violation of the Florida Deceptive
Unfair Trade Practices Act. Obtained dismissal of the tortious interference
FDUTPA counts,
filed an eight-count counterclaim. Obtained a favorable resolution to client following the filing of the counterclaims
engaging in motion practice.
Defended a warranty company in putative class action alleging a violation of a Florida insurance statute
civil conspiracy. Obtained a voluntary dismissal of the action.
Defended a former City Commissioner in an action alleging violation of Florida's Public Records Act implicating private political activity,
obtained two dismissals of the action, the second of which was appealed
affirmed by a Florida appellate court.
Obtained dismissal for an industrial client in an action seeking a recovery of past
future investigative, remediation,
removal costs under Section 107 of the Comprehensive Environmental Response, Compensation,
Liability Act, a declaratory judgment declaring the rights
duties of the parties under CERCLA,
the recovery of cleanup
management costs under section 376.313, Florida Statutes.
Defended an industrial client in a toxic tort action alleging personal injury as a result of exposure to toxic contaminants, including radionuclides, through the contamination of the water, soil,
air on the plaintiff's property.
Worked with technical team
experts in defending a preliminary injunction action brought by various environmental groups to enjoin phosphate mining operations authorized under a Clean Water Act permit issued by the United States Army Corps of Engineers. The environmental groups charged that the company failed to follow the m
ates of the CWA
the National Environmental Policy Act.
Defended a leading producer
marketer of concentrated phosphate
potash before Florida's Division of Administrative Hearings in an expedited hearing in which the company's environmental resource permit
conceptual reclamation plan were challenged by a local government. Case involved, among other things, the successful defense of the company in an eDiscovery challenge by the local government, which was the first time such a matter had been briefed
argued before the Division.
Obtained summary judgment in a multimillion-dollar contract action involving an option to purchase more than 20,000 acres of l
.
Represented a corporate client in a lawsuit involving Florida's Sunshine Law
Public Records Act filed on the company's behalf against a Florida county to release to the public the transcript of a 'shade meeting' (a non-public meeting between a county commission
its legal counsel that enjoys a qualified exemption from Florida's Sunshine Law).
Assisted in the resolution of an investigation
complaint filed by the Economic Crimes Division of the Florida Office of the Attorney General against a national identity theft protection company for alleged violation of the Florida Deceptive
Unfair Trade Practices Act.
Defended a leading pharmaceutical manufacturer in the resolution of a Florida Department of Health investigation associated with a Stop Sale Notice issued by the same entity for two of the company's drugs.
Represented client in obtaining injunctive relief in a non-compete
trade secret action.
Defended a leading regional credit union against allegations that company engaged in conduct that violated, among other things, the Fair Debt Collection Practices Act. Defense was successful on motion practice that included obtaining a favorable reversal on reconsideration under Rule 59(e) of the Federal Rules of Civil Procedure.
Defended a national insurer against a multimillion-dollar putative class action for federal securities fraud
various state laws claims, including state law RICO, which dismissal was affirmed by the Eleventh Circuit Court of Appeals.
Defended a publicly traded company in a putative class action for federal securities fraud under the PSLRA.
Represented a corporate client in an action against a major national health insurer for failure to provide conversion coverage to company employees.
Represented a corporate client in achieving a favorable resolution
settlement with the Florida Attorney General's Economic Crime Division against allegations of price gouging.
Represented clients in public
quasi-judicial hearings before various local governments.
Represented l
developers by means of extraordinary writ.
