Cases
Representative Matters: Complex Jury Trials
Defended Nissan North America Inc. in an action for breach of contract, RICO
fraud in the inducement brought by a bankrupt sign company arising out of actions Nissan took during the course of the bidding, auction, contracting
construction-installation process of its nationwide br
re-imaging program. Following jury trial in the U.S. District Court for the Middle District of Alabama, obtained judgment as a matter of law of no liability,
a new trial on Nissan's counterclaim for breach of contract. Settled counterclaim on terms the client found favorable. DePaola v. Nissan North America, Inc., No. 1:04cv00267 (M.D. Ala. 2004-2009).
Defended GMAC in an action for breach of contract, breach of the federal
Pennsylvania dealer's-day-in-court statutes, conversion
tortious interference with contract brought by a car dealership in which it sought more than $40 million in damages. Case resulted in a $4-million jury verdict for the dealership. Mente Chevrolet Oldsmobile, Inc. v. GMAC, No. 08-cv-2403 (E.D. Pa. 2009).
Class Action Litigation
Defended Principal Life Insurance Co. in a class action suit brought by various groups of medical providers asserting antitrust, price-fixing, conspiracy
slow-pay claims arising from the processing
payment of physician reimbursement by health insurance companies. Settled the case on terms the client found favorable. Kansas City Urology Care, PA, et al. v. Blue Cross Blue Shield of Kansas City, Inc., et al., No. 05CV279 (Dist. Ct. Wy
otte County 2005-2010).
Defended Textron Financial Corp. in a class action suit brought by recreational vehicle dealers asserting breach of contract, breach of implied covenant of good faith
fair dealing,
unjust-enrichment claims arising from Textron's charging of interest on floor-plan financing for the manufacture of recreational vehicles. Obtained judgment on the pleadings that the unambiguous language of the parties' agreement permitted Textron to charge interest on funds not yet advanced to recreational vehicle manufacturers. Copley's R.V. Center v. Textron Financial Corp., No. 09-14271-CIV-MARTINEZ/LYNCH (S.D. Fla. 2010).
Corporate Disputes
Obtained on behalf of emergency physician practice group Northside Emergency Associates a ruling in the State Court of Fulton County, Georgia, granting summary judgment as to all claims asserted by a former shareholder
employee against NEA
the individually-named physicians, including breach of contract, breach of fiduciary duties, fraudulent inducement, sl
er, conversion, tortious interference, intentional infliction of emotional distress,
violations of Georgia corporate law. Blaivas v. Northside Emergency Associates, PC, No. 13EV017046 (Fulton County Ga. State Court 2015).
Defended a partnership
the majority partner in an action brought by a minority partner to determine who was entitled to more than $3 million in proceeds from the sale of the partnership's sole asset. After majority partner demonstrated that minority partner was misappropriating funds from the partnership to pay for personal expenses
make payments to site managers under the table, settled the case on terms the client found favorable. Berg v. Eldridge, No. 07-40991 CA (Miami-Dade Co. Cir. Ct. 2009).
Defended an individual who was a corporate officer
director of five civil engineering
construction companies against a shareholder derivative action asserting claims of self-dealing
seeking corporate dissolution, injunctive relief
damages. Asserted counterclaims for breach of contract, injunctive relief
civil theft after the two equal shareholders locked him out, formed new corporations
transferred corporate contracts to their new companies. Obtained settlement under which all claims were dismissed, the client was bought out, all but one of the companies were dissolved, the remaining company was transferred to client,
various noninterference agreements were reached. McCue v. Delta Consulting Engineers, Inc., No. 06-6568-CA-22 (Miami-Dade Co. Cir. Ct. 2007).
International Corporate
Civil Tort Litigation
Represented international shipping companies in a multimillion-dollar action for breach of contract, breach of fiduciary duty, conversion, scheme to defraud, civil theft
RICO violations brought against a corporate officer
shareholder arising out of his employment in
management of an international shipping business in owned-vessel
line operations. The defendant counterclaimed with a shareholder derivative action
breach-of-contract claim. Panamanian Carriers Corp. v. Star Shipmanagement Ltd., No. 98-26089 CA 25 (Miami-Dade Co. Cir. Ct. 2002).
Defended an importer in an action brought by a Brazilian limited liability company for breach of contract
claims relating to the shipment of coffee
food products from Brazil to Florida. The Brazilian company claimed the importer was an alter-ego of a prior company to which it had sold products but had not been paid. Settled the case on terms the client found favorable. Doceira Campos do Jordao, Ltda v. Sol Packaging, LLC, No. 04-26984 CA (13) (Miami-Dade Co. Cir. Ct. 2007).
Construction Defect Litigation
Defended The Hartford Insurance Company
its insured, Jorda Enterprises Inc., an HVAC subcontractor, in an equitable subrogation action which sought more than $3 million in damages relating to a pipe burst at a luxury condominium building located in Miami, Fla., which coincided with Hurricane Katrina in 2005. The Court entered summary judgment in favor of Jorda, finding that: there was no valid release from the Condominium Association which permitted the subrogation claim to be brought
the Association previously released Jorda in earlier construction litigation when the subrogation claim had not been perfected by payment
the subrogation claim was barred by res judicata. QBE Insurance Corporation v. Jorda Enterprises, Inc., No. 10-21107 CIV-GOLD (S.D. Fla. 2012).
Defended a subcontractor against claims brought by the developer
general contractor for latent defects in the construction of residential communities in Florida. Settled the case on terms the client found favorable. Centex Homes v. Mr. Stucco, Inc., Nos. 8:07-CV 366-T-26- MSS & 8:07-CV 365-T-27 MSS (M.D. Fla. 2009).
Defended two subcontractors against claims brought by the developer
general contractor for latent defects in the construction of a commercial office park
office condominium in Florida. Settled the case on terms the clients found favorable. Skanska USA Building, Inc., v. Exterior Walls, Inc., Nos. 06-CA-1831 & 07-CA-7205 (Orange Co. Cir. Ct. 2008).
Complex Commercial Litigation
Defended Motiva Enterprises, LLC
Shell Oil Company in a lawsuit brought by a commercial property owner which sought damages for breach of a written lease arising from loss of rental income due to contamination of a former gas station site. The plaintiff sought in excess of $4.3 million. After a non-jury trial the court found that the Plaintiff failed to prove its case
ruled that Motiva
Shell could not be held liable. The court also found the defense was entitled to recover attorney's fees
costs from the plaintiff. Sarria Holdings, Inc. v. Motiva Enterprises, LLC, No. 05-08587 CA (Miami-Dade Co. Cir. Ct. 2012).
Obtained on behalf of a major motor vehicle floor-plan lender a $923,000 judgment in an action against car dealership Moultrie Chevrolet Cadillac, Inc.
its principal in an action for conversion, breach of a floor-plan agreement
breach of guaranty arising from Moultrie's failure to pay back financing. GMAC LLC v. Moultrie Chevrolet Cadillac, Inc.
Michael T. Grubbs, No. 08-CV-06744 (Colquitt County, Ga. Superior Court 2012).
Obtained on behalf of Flagstar Bank, FSB an order from the U.S. District Court for the District of New Jersey dismissing with prejudice a predatory lending action that arose from a reverse mortgage a mortgage-lending company made to an 80-year-old. Also obtained a summary judgment in favor of Flagstar on cross-claims brought by the mortgage-lending company for contribution
indemnification. Leff v. First Horizon Home Loan Corp., No. 05-3648 (MLC) (D.N.J. 2005).
Obtained on behalf of Flagstar Bank, FSB a $2.15-million judgment for mortgage fraud against a mortgage broker, its principal, a real estate appraiser
others. The claims, which included allegations of misrepresented
incorrect appraisals
misrepresentations regarding borrowers' assets, income, employment, occupancy
Social Security numbers, arose from 23 residential mortgage loans that Flagstar Bank underwrote, approved
funded. Flagstar Bank, FSB v. Caribbean Mortgage Corp., No. 1:05-CV-02364-JG-RML (E.D.N.Y. 2007).
Represented GMAC in a breach-of-contract action brought against an automobile dealership
its principal. Dealer's principal brought counterclaims against GMAC for fraud, RICO
breach of contract. After GMAC filed a motion for sanctions, obtained the return of vehicles financed by GMAC
the imposition of a payment plan for sums owed to GMAC. GMAC LLC v. Thomas Motor Cars, Inc., No. 08-001592CAA (Gadsden Co. Cir. Ct. 2010).
Obtained on behalf of a company
its executive officers the disclosure of the defendant's identity through a pure bill of discovery served on various Internet service providers. Subsequently negotiated an agreement requiring defendant to cease
desist posting defamatory
inaccurate information about the clients. Settled the case on terms the client found favorable. Yak Communications, Inc. v. Yahoo! Inc., No.05-4632 CA 01 (Miami-Dade Co. Cir. Ct. 2005).
Qui Tam (Whistleblower) Defense Litigation
Obtained on behalf of emergency physician practice group Northside Emergency Associates a ruling in the State Court of Fulton County, Georgia, granting summary judgment as to all claims asserted by a former shareholder
employee against NEA
the individually-named physicians for retaliatory discharge under the federal EMTALA statute. Blaivas v. Northside Emergency Associates, PC, No. 13EV017046 (Fulton County Ga. State Court 2015).
Represented Marlin Engineering, Inc. in a False Claims Act suit brought by an engineer on behalf of the United States against several engineering firms. The suit alleged that the engineering firms caused the federal government to expend federal funds in payment of false claims filed in connection with a FEMA project in Miami-Dade County, Fla., that was intended to pay for repairs
improvements to roadways damaged by flooding from Hurricane Irene in October 1999
a storm known as the No-Name storm of October 2000. United States ex rel. Juan Wong v. Consul-Tech Engineering, Inc., No. 02-23081-CIV-SEITZ (S.D. Fla.).
