Joshua D. Lerner

Practice Details

• Languages
  Spanish
• Firm Information
  Position

  Partner

  Firm Name

  Rumberger, Kirk & Caldwell Professional Association
• Representative Cases & Transactions
  Cases

  Notable Cases: Bantock, et al. v. Whittington, et al.: 1987 - 1991, Brevard County, Florida Circuit Court,
  (Part of team representing CPA firm
  individual partners in action for securities fraud by approx. 600 individual investors
  pursuant to case management order attended depositions for two weeks every four weeks for 3.5 years
  confidential settlement)
  Silver v. Florida Department of Transportation: Silver v. Florida Department of Transportation
  Doctors Laboratory Services, Inc. v. Broad
  Cassell: 1992 - 1995, Broward County, Florida Circuit Court
  (Represented, prominent state wide law firm in malpractice action
  summary judgment entered for defendant)
  Herbert P. Scharlow, et al., v. PENSCO Pension Services, Inc.: 2001 - 2003, U.S. District Court, Southern District of Florida
  (Counsel for Defendant custodian of self-directed Individual Retirement Accounts in RICO action arising from massive investment fraud in sale of viatical settlements
  damages sought in excess of nine figures
  settled in six figures)
  E-One, Inc., f/k/a Emergency One, Inc. v. R. Cushman & Associates Inc, et al.: 2005 -2006, U.S. District Court, Middle District of Florida
  (Counsel for Defendant manufacturer of diesel engines in breach of contract suit arising from plaintiff's sale of 36 custom manufactured fire fighting vehicles to the Royal Netherl
  s Air Force, Royal Netherl
  s Navy
  the Dutch National Airport Schiphol
  confidential settlement)
  Granat v. Perez: 2006 - 2007, Broward County, Florida Circuit Court
  (Counsel for plaintiff private investor in action to establish de facto mortgage
  foreclose same
  judgment for plaintiff after trial)
  Gonzalez v. Hoffman: 2006 - 2010, Miami-Dade County Circuit Court
  (Counsel for plaintiff private investor in action to foreclose mortgage
  defend counterclaim, arising from failed business partnership with numerous transactions between the parties
  Final Judgment for plaintiff after trial, notwithst
  ing defendant's claim of forgery supported by expert testimony
  no corresponding expert for plaintiff)
  Burnett v. Regions Bank: 2010 - 2012,U.S. District Court, Southern District of Florida
  (Counsel for defendant lien holder in action to quiet title
  judgment for defendant after trial)
  Guardian Life Insurance Company, et al. v. Rupa H. Mehta, et al.: 2012 - present, Hillsborough County, Florida Circuit Court
  (Complex Business Litigation Divisiion) (counsel for plaintiff
  architected
  prosecuted suit against four former agents of Plaintiff
  their sham entities for violation of state RICO statutes, including conspiracy, arising from scheme to rebate insurance commissions to insureds
  confidential settlements against all defendants)
  Sojo Design LLC v. Regions Bank, et al.: Miami-Dade County Circuit Court
  (Complex Business Litigation Divisiion) (counsel for defendant, action against bank for failure to disclose/aiding bookkeeper embezzlement of more than $5 Million over five year period
  scheduled for trial in April 2015)
  Sunbeam Realty Corp. v Isle of Dreams LLC v. Sunbeam Television Corp.: Miami-Dade County Circuit Court, 2012 - present
  (Counsel for plaintiff
  third party counterdefendant, local Fox TV affiliate, in foreclosure action against adjoining propery owner
  defense of counterclaim, culminating 10+ years of litigation regarding development
  use of property adjoining client's TV station
  scheduled for trial in January 2015)
  MB Plaza, LLC v. Wells Fargo Bank, Nat. Ass'n: 72 So. 3d 205 (Fla.App. 2 Dist. 2011)
  Pycsa Panama, S.A. v. Tensar Earth Technologies, Inc.: 329 Fed. Appx. 257 (11th Cir. 2009)
  F.W.F., Inc. v. Detroit Diesel Corp.: 308 Fed. Appx. 389 (11th Cir. 2009)
  Kmart Corp. v. Sundmacher: 997 So. 2d 1158 (Fla.App. 3 Dist. 2008)
  Bob Hilson & Co., Inc. v. Garcia: 985 So. 2d 1176 (Fla.App. 3 Dist. 2008)
  Taylor v. Mazda Motor of America, Inc.: 934 So. 2d 518 (Fla. App. 3 Dist.2005)
  Aguilera v. Inservices, Inc.: 905 So. 2d 84 (Fla. 2005)
  Kozial v. Bombardier-Rotax GmbH: 129 Fed. Appx. 543 (11th Cir. 2005)
  Mosquito Control Dist. of Florida v. Coregis Ins. Co.: 327 F. 3d 1307 (11th Cir. 2003)
  Mir
  a v. Volvo North America Corp.: 763 So. 2d 536 (Fla. App. 3 Dist. 2000)
  Chambless v. Officers
  Directors of Snapper Creek: 743 So. 2d 129, 1999 WL 765942, 24 Fla. L. Weekly D2242, Fla. App. 3 Dist., September 29, 1999 (NO. 98-3002)
  Visoly v. Kluger, Peretz, Kaplan & Berlin, P.A.: 707 So. 2d 427 (Fla. App. 3 Dist. 1998)
  Machinery Wholesalers, Inc. v. Wolpe, Leibowitz & Brotman: 700 So. 2d 170 (Fla. App. 3 Dist. 1997)
  Bankers Trust Realty, Inc. v. Kluger: 672 So. 2d 897 (Fla. App. 3 Dist. 1996)
  Pharmafax, Inc. v. Mike Segal, P.A.: 654 So. 2d 1244 (Fla. App. 3 Dist. 1995)
  Federal Home Loan Mortg. Corp. v. Molko: 602 So. 2d 983 (Fla. App. 3 Dist. 1992)
  Cataract Surgery Center v. Health Care Cost Containment Bd.: 581 So. 2d 1359 (Fla. App.1 Dist. 1991)
  Country Manors Ass'n, Inc. v. Master Antenna Systems, Inc.: 534 So. 2d 1187 (Fla. App. 4 Dist. 1988)
  Berea v. State: 497 So. 2d 1324 (Fla. App. 3 Dist. 1986)
  Beceiro-Mesa v. State: 492 So. 2d 1148 (Fla. App. 3 Dist. 1986)
  MSP Claims 1, LLC v. Infinity Auto Insurance Company: RumbergerKirk attorneys Josh Lerner
  Nicole Smith secured a final summary judgment in MSP Claims 1, LLC v. Infinity Auto Insurance Company in the U.S. District Court for the Southern District of Florida. Plaintiff, an alleged three times removed assignee of a Medicare Advantage Organization, sued for double damages under the Medicare Secondary Payer Act. Plaintiff claimed Infinity was a primary payer under Medicare but had failed to make primary payments for Medicare covered services provided to the original assignor's enrollee. After the completion of discovery, both parties moved for summary judgment.
  The original assignment required the approval of the original assignor to any subsequent assignments. Plaintiff testified in deposition that such approval had been secured orally in conversations between its lead counsel
  representatives of the original assignor but there was no other evidence of that. And, plaintiff successfully obtained a protective order when Infinity sought to depose its counsel. In opposition to summary judgment, although it submitted an affidavit of its lawyer, plaintiff was unable to produce admissible evidence showing it received the required approval. This was one of a plethora of cases this
  related plaintiffs have filed in Florida
  elsewhere seeking recovery under the Medicare Secondary Payer Act for payments that, allegedly, others, not Medicare, should have paid.
  Wilks v. Boston Whaler, Inc.: 691 So. 2d 629 (Fla. 3d DCA 1997)