Defendants’ Liaison Counsel in Zantac Products Liability Multidistrict Litigation
Local counsel for drug manufacturer, Sanofi, and appointed by Judge Robin Rosenberg , U.S. District Court for the Southern District of Florida, as defendants’ liaison counsel in Zantac products liability MDL involving claims that the active ingredient, ranitidine, contains low levels of NDMA, a cancer-causing chemical. Summary judgment was granted in favor of the brand-name drugmakers, dismissing all claims by the more than 2,450 plaintiffs and 150,000 additional claimants.
Defense of $65 Million Claim Against Financial Services Chairman & CEO
Representation of publicly held financial services corporation and its chairman and chief executive officer in defense of $65 million claim brought by minority shareholders of wholly owned subsidiary alleging breach of fiduciary duty, breach of contract, fraud and civil theft in two-week hearing before AAA arbitration panel.
Successful Defense of $50 Million Claim Against Laboratories
Secured early dismissal of RICO and fraud claims brought by the largest for-profit managed health care company in the world, seeking in excess of $50 million, on behalf of a half dozen laboratory defendants as well as their general partners and officers.
Successful Defense of National Law Firm in Legal Malpractice Claim
Obtained directed verdict, affirmed on appeal, on behalf of national law firm sued for damages in excess of $20 million for alleged legal malpractice in drafting limited partnership documents.
Local Counsel in Securities Fraud Lawsuit
Representation of publicly held company providing specialty contracting services to the telecommunications and infrastructure industry in putative class action under federal securities laws.
Insurance Brokerage TCPA Class Action Defense
Representation of insurance brokerage in defense of consumer class action alleging violation of Telephone Consumer Protection Act ("TCPA") by sending unsolicited facsimile advertisements. Negotiated settlement and oversaw class administration.
Printing Manufacturer TCPA Class Action Defense
Representation of nationwide print services company in defense of consumer class action alleging violation of the Telephone Consumer Protection Act ("TCPA") by sending 2,500 facsimile advertisements. Negotiated class action settlement and class administration.
Palm Beach County State-of-the-Art Scientific Research Institute
Served as counsel to The Scripps Research Institute in establishing Scripps Florida, a new state-of-the-art scientific research institute, in Palm Beach County, Florida against a variety of legal challenges from environmental and non-profit organizations.
Real Estate Broker Recovery of Commission
Representation of real estate broker suing to recover commission due on sale of $10.6 million home at buyer's full asking price pursuant to exclusive listing agreement. Negotiated favorable settlement after early mediation.
Municipality Prevails in U.S. Court of Appeals in Case of First Impression
Representation of the Town of Palm Beach in a matter of first impression in the area of land use and constitutional law. A longtime resident argued that the Town’s architectural review commission violated his constitutionally protected First Amendment right to freedom of expression and his Fourteenth Amendment rights to due process and equal protection when it denied his application to demolish his traditional-style home and construct a new international/modern-style home on the oceanfront lot. The commission denied the application because the proposed mansion was “excessively dissimilar” from other nearby homes in accordance with various architectural design criteria. The Southern District of Florida granted summary judgment in the Town’s favor and the U.S. Court of Appeals for the Eleventh Circuit affirmed in June 2021. The federal appellate court held that although the resident may have intended to communicate a message through his proposed home, there was no great likelihood that a reasonable viewer would understand it to convey some sort of message where the residence was set back from the street and obscured by dense landscaping there was no evidence that residential architecture has been historically used or understood to convey a message. The court also rejected the resident’s attempt to void the Town’s architectural review ordinance. The resident petitioned the U.S. Supreme Court for review, but the court ultimately declined to hear the appeal in March 2022.
Successful Defense of Class Certification Involving Underground Utility Project
Lead Counsel in the representation of a municipality in defense of putative class actions challenging the bond referendum and special assessment criteria involved in the Town of Palm Beach’s $90 million underground utility project. Trial court’s order denying class certification after evidentiary hearing was affirmed on appeal.
Successful Defense of Injunctive Relief
Resident of oceanfront municipality composed several large paintings, described by Plaintiff as "satires" or "lampoons", criticizing town officials on the exterior walls of his home following the town's denial of his variance application. Following an evidentiary preliminary injunction hearing, the federal court preliminarily denied resident's attempt to stop the town from enforcing its ordinance regulating exterior wall colors and found no constitutional violation and suit was voluntarily dismissed with prejudice.
Municipality Sued Over Adoption of Waterfront Setback Line
Representation of the Town of Jupiter Island in pending challenge to the Town’s adoption of a revised waterfront setback line as set forth in its supplemental land development regulations. Challenge asserts Town failed to meet statutory notice requirements and asserts ordinance of this type was subject to heightened notice under Florida law.
Florida's Public Records Act & Public Records Requests
Defense of more than 3 dozen lawsuits brought against municipality under Florida's Public Records Act resulting in numerous non-jury trials. Advise municipality on response to more than 2,000 public records requests.
Interpretation of Perpetual Parking Easement
Representation of property owner in suit relating to interpretation and application of perpetual parking easement negotiated as part of sale of several West Palm Beach office buildings for approximately $70 million. Dispute concerned expenses attributed to a multi-million dollar parking garage constructed after the easement was negotiated.
Constitutionality of Proposed Ballot Initiative
A property-use agreement between municipality and owners of historic 60-year-old playhouse limited playhouse’s use as theater of performing or visual arts and for lectures or other special events. Political action committee sought to amend municipality’s charter to incorporate portions of the agreement’s covenants. For municipality, obtained declaration that proposed amendment was unconstitutional as in conflict with state comprehensive planning law and did not have to be put to a vote. Defended declaration through appeal to the Fourth District and Florida Supreme Court decision declining jurisdiction.
Successful Defense of Motion to Disqualify Attorney for Alleged Conflict of Interest
Successful defense of attorney against claim that attorney's representation of Plaintiff years prior in wholly unrelated matter created a disqualifying conflict of interest.
Successful Defense of Florida-Based Law Firm in Federal Court
Successful defense of motion for sanctions in Federal Court against South Florida law firm following disqualification.
Breakup of Law Firm Valued in Excess of $7 Million
Representation of minority owner of law firm with over 200 employees and offices in Florida and New York. Dispute on key decisions requiring super majority vote under operating agreement resulted in New York operation being formed as a new entity by minority shareholder.
Appointment of Independent Forensic Examiner
Client moved to appoint an independent forensic examiner to inspect and copy computer storage devices in dispute over medical practice breakup. Following an evidentiary hearing, the court granted client's motion.
National Builder Subsidiary Violates Florida Not-for-Profit Corporation Act When Operating South Florida Luxury Country Club
Representation of South Florida country club and golf course in suit against a Fortune 500 company, one of the nation's leading builders of luxury homes, and its subsidiary entity that controlled and operated the club prior to turnover to its equity members. Suit alleged the builder's entities improperly profited from operating surpluses and membership payments of the luxury community's nonprofit club. Received favorable summary judgment, finding that the builder's subsidiary violated Florida's Not-for-Profit Corporation Act by retaining in excess of $4 million in operating surpluses.
Successful Defense of Surgeon Against Claims of Tortious Interference
Representation of surgeon against claims up to $16 million by anesthesiologist that surgeon and hospital conspired to tortiously interfere with anesthesiologist's business relationship, resulting in complete defense judgment including award of more than $100,000 in attorneys' fees and costs.
