Representative Cases
Class Action
Prevailed against a Miami-area municipality's class action appeal asserting sovereign immunity in a utility rating dispute.
Secured class certification, and defended certification on appeal, in a condominium construction defect lawsuit seeking $50 million in damages.
Prosecuted a class action alleging deceptive labeling against alcoholic beverage distributor.
Preserved master complaint against numerous motions to dismiss in an MDL proceeding against a national hair care product manufacturer.
Personal Injury
Overcame vicarious liability damages caps in a multi-party auto accident case that resulted in a $51 million plaintiffs’ verdict.
Instituted post-judgment proceedings to expose fraudulent transfers following an $8.5 million-dollar wrongful death verdict.
Defeated contractual exculpatory clause against a trampoline park operator, leading to a confidential settlement.
Reversed summary judgment against a day-laborer who suffered severe brain injuries after falling at an unsecured job sites.
Commercial Litigation
Withstood multiple summary judgment motions in a condominium construction lawsuit seeking $30 million in damages.
Preserved jury trial demand in a commercial suit seeking over $100 million against several international cruise lines.
Rebuffed appeal of order striking defenses and crossclaims for litigation misconduct in suit that ultimately resulted in a $1.2 million jury verdict.
Defended a $3.75 multimillion-dollar attorneys’ fees award on appeal, imposed in part as a sanction for discovery violations.
Reversed foreclosure judgment on appeal in a suit alleging a $1.25 million mortgage fraud.
Medical Malpractice
Defeated summary judgment motion seeking to absolve hospital for failing to provide adequate onsite surgical and anesthesiology services.
Withstood a motion to strike and/or dismiss suit arising out of allegations that a medical practitioner concealed a surgical error from his patient, delaying her ability to seek corrective surgery.
Rebuffed motion to strike medical expert testimony in a case involving a child’s brachial plexus injury.
Overcame Chapter 766 challenge based on lack of pre-suit notice against a medical practitioner whose role in the case was unknown before suit was filed.
Insurance & Bad Faith
Secured the dismissal of a claim for retroactive insurance premiums on behalf of a Miami-based community development non-profit.
Obtained jury verdict for bad faith failure to settle against an auto insurer and successfully preserved the verdict on appeal.
Stewarded a multimillion dollar extracontractual damages claim stemming from insurer's non-compliance with Florida’s uninsured motorist statute.
Vacated summary judgment in a multimillion-dollar bad faith claim via direct appeal.
Revived multimillion dollar third-party bad faith claim against national insurer following order initially dismissing the case on statute of limitations grounds.
Notable Orders and Opinions
Personal Injury
Bulk Express Transport, Inc., et al. v. Diaz, 343 So. 3d 646 (Fla. 3d DCA 2022) (punitive damages)
Suco v. Lifemark Hospitals of Florida, 2022 WL 2066602 (Fla. Cir. Ct. Jun. 4, 2022) (medical malpractice presuit notice statute)
Reilly v. Adventist Health Systems/Sunbelt Inc., 2020 WL 6537070 (Fla. Cir. Ct. Nov. 1, 2020) (medical malpractice presuit notice statute)
Mizrahi v. Yamaha Motor Corp, USA, 389 F. Supp. 3d 1135 (S.D. Fla. Jul. 22, 2019) (damages for medical expenses)
Trial Practice, Procedure, and Evidence
2711 Hollywood Condo. Ass'n v. TRG Hollywood - 2018 WL 3371781 (Fla. Cir. Ct. Sept. 29, 2018) (application of the economic loss rule)
Latitude on the River Condo. Ass'n v. Allied Tube - 2020 WL 1038599 (Fla. Cir. Ct. Feb. 14, 2020) (application of the economic loss rule)
Windhaven Ins. Co. v. Pedro Mesquita – 278 So. 3d 212 (Fla. 3d DCA 2019) (certiorari petition involving proper subjects for post-judgment discovery)
Kermes v. Citizens Property Ins. Co. - 327 So. 2d 352 (Fla. 3d DCA 2021) (certiorari petition defining boundaries for certiorari jurisdiction)
Levy v. FMF&J Investments, 342 So. 3d 721 (Fla. 3d DCA 2022) (securing witness attendance for trial)
Class Action
In re: Monat Litigation - 2019 WL 5423457 (S.D. Fla. Oct. 23, 2019) (motion to dismiss master complaint in multi-district litigation)
Latitude v. Allied Tube - 2019 WL 4889520 (Fla. Cir. Ct. Sept. 23, 2019), aff’d 306 So. 3d 312 (Fla. 3d DCA 2020) (appeal of class certification)
Insurance and Bad Faith
Lopez v. Allstate, 710 Fed. Appx 861 (11th Cir. 2018) (partially affirming bad faith judgment)
Benson v. QBE Ins Co. - 61 F. Supp. 3d 1277 (S.D. Fla. 2014) (order defining standing to bring statutory bad faith action)
MI Windows & Doors v. Nat’l Union Fire Ins Co. of Pittsburgh - 2016 WL 11663957 (SC. Ct. Com. Pl. Jun. 15, 2016)
Certain Underwriters at Lloyds, London v. Fannie Mae – 2014 WL 11380937 (SD Fla) – 4/18/14 – aff’d 598 Fed App’x 735 (11th Cir. 2015) (insurnace coverage)
MI Windows & Doors v. Liberty Mutual - 123 F. Supp. 3d 1332 (M.D. Fla. 2015) (reversing dismissal of third-party bad faith action)
Constitutional Law
Kilcoyne v. George, 360 So. 3d 808, (Fla. 3d DCA 2023) (subject matter jurisdiction)
Havana Docks Corp. v. Norwegian Line Holdings - 2022 WL 499710 (S.D. Fla. Feb. 18, 2022) (right to jury trial)
Cawthorn v. Auto Owners Ins. Co, 853 F. App’x 637 (11th Cir. 2021) (constitutional standing)
Expert / Daubert
Quashen v. Carnival - 2022 WL 1271982 (S.D. Fla. Jan. 6, 2022) (expert witness exclusion)
Lopez v. Allstate - 2015 WL 5584898 (S.D. Fla. Sept. 23, 2015), aff’d 710 Fed. Appx 861 (11th Cir. 2018) (expert witness exclusion)