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Liens and Zombie Foreclosures – A Complicated Pair

Although the article provided an overview of the case, the effect of the judgment was not entirely accurate.

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Categories: LitigationMunicipal Litigation
Tags: Eric P. HockmanSusan L. Trevarthen

Joe Hernandez and Michael Popok represent the buyer in $34 Million transaction

The Regency Health Resort & Spa, closed for the better part of the last two years, is undergoing a transformation.

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Categories: LitigationReal Estate
Tags: Michael S. PopokJoseph Hernandez

Will Miami-Dade get a new civil courthouse?

The refurbishment or new construction of a courthouse is a costly but necessary venture, one that tax-payers would likely need to foot if the bonds for a new courthouse are approved in the November 4, 2014 ballot.

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Categories: LitigationBusiness Organization and Transactions
Tags: Joseph H. Serota

Nine Weiss Serota Helfman Pastoriza Cole & Boniske Attorneys Selected to The Best Lawyers in America 2015

It is a great source of pride to have so many of the firm’s attorneys recognized for the superior skills by their peers and this well regarded publication. 

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Categories: Land Use & Zoning (Public)LitigationAppellate Law & PracticeLand Use & Zoning (Private)
Tags: Mitchell A. BiermanJamie A. ColeEdward G. GuedesStephen J. HelfmanGilberto PastorizaMichael S. PopokClifford A. SchulmanJoseph H. SerotaRichard Jay Weiss

WSH Partner and Federal Bar Broward Chapter President Presented with Prestigious Award

Congratulations to WSH partner Matthew Mandel and the entire Federal Bar Association Broward Chapter on their prestigious award.

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Categories: LitigationMunicipal Litigation
Tags: Municipal GovernmentMatthew H. Mandel

Miami libraries facing obstacles – Friends of the Miami-Dade Public Library System provides support

Tightening a budget is always a difficult task for any city official.  As Miami-Dade Mayor Carlos Gimenez reviews the options, the Miami-Dade Library System might be at risk. 

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Categories: Litigation
Tags: John J. Quick

WSH Set to Host Law Firm Alliance Meeting in Fall 2014

Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. will host the 2014 fall conference for the Law Firm Alliance, a strategic alliance of law firms dedicated to providing a vehicle for clients to obtain competent and responsive legal services by providing a network of member firms for referral of legal matters. Law Firm Alliance firms are mid-size firms with a relatively narrow geographic scope. All member firms are highly regarded commercial firms offering variety of corporate and litigation services; each U.S. based LFA member has received the AV-peer review rating from Lexis-Nexis Martindale Hubbell. Membership in the Law Firm Alliance is by invitation only.  WSH became the South Florida representative for the Law Firm Alliance in 2011.

The conference will take place in late October or early November.  You can read more about the Law Firm Alliance here.

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Categories: LitigationAwards & Recognitions
Tags: Awards & RecognitionsMitchell A. BiermanJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Eleventh Circuit Court Establishes International Commercial Arbitration Subsection, The Second of Its Kind in the Nation

On December 3, the Eleventh Judicial Circuit issued Administrative Order 13-08, which creates an International Commercial Arbitration (“ICA”) Subsection within Section 40, the Complex Business Litigation Section. The ICA Subsection will hear all cases arising under the Florida International Commercial Arbitration Act and the Federal Arbitration Act, as well as related cases arising out of the same transaction or occurrence. All ICA Subsection cases will be heard by judges who have experience handling complex commercial matters and who receive specific judicial education in the handling of international commercial arbitration. Miami is the second city in the country to create a complex commercial arbitration subsection (the first of its kind was established in New York City). The creation of this subsection demonstrates Miami’s significance in the international business community; in recent years, Miami has become the gateway for businesses doing business in Latin America, particularly Venezuela, Brazil, and Argentina.

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Categories: LitigationCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Attorneys Obtain Significant Appellate Victory For Client At State's Highest Court

On November 7, 2013, the Florida Supreme Court issued a unanimous, 25-page opinion in favor of Firm client, CMI, Inc., the Kentucky-based manufacturer of the Intoxilyzer brand breath-alcohol testing instrument used in Florida. The case is Ulloa v. CMI, Inc., __ So. 3d __, 2013 WL 5942299 (Fla. Nov 07, 2013). Criminal defendants throughout the state had served hundreds of subpoenas duces tecum on CMI's registered agent in Florida, demanding that CMI surrender the source code for the Intoxilyzer simply by "sending it to defense counsel." CMI repeatedly objected and moved to quash the subpoenas arguing, in relevant part, that it could not be subpoenaed through its registered agent and that defendants had to comply with Florida's Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. This concerted effort by the criminal defense bar forced CMI to litigate in county and circuit courts throughout the entire state instead of defending against the subpoenas in Kentucky, as the act contemplated.

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Categories: LitigationAppellate Law & Practice
Tags: Florida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneyJohn J. Quick
Author(s): Edward G. Guedes

WSH Labor & Employment Attorneys Win Appeal For City of Lauderhill

On October 23, the U.S. Court of Appeals for the 11th Circuit affirmed an award of summary judgment in favor of the City of Lauderhill in a seven count complaint filed against the City by Piertus Aristyld, a former City maintenance worker. In his complaint, the Plaintiff had alleged that the City: (1) discriminated against him on the basis of his age and national origin by failing to promote him; (2) retaliated against him for complaining that the failure to promote him was based on discriminatory animus by issuing unwarranted discipline; and (3) terminated his employment in retaliation for his complaint and because of his age and national origin.

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Categories: Labor and EmploymentLitigationAppellate Law & Practice
Tags: Public EmployeesPublic EmployersJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysEleventh Circuit Court of AppealsFamily Medical Leave ActProtected ActivityFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider

Appeals Court Holds Condo Cannot Foreclose On Property If Bank Files Foreclosure Suit First

A Florida appeals court recently held that a condominium association that filed a foreclosure complaint to recover unpaid assessments could not foreclose its lien because of an existing lis pendens placed on the property by the first mortgagee. The court held that, if a bank files a lis pendens on a property, this lis pendens bars others that have an interest in the property from enforcing liens and levies against the unit unless that party intervenes in the first mortgagee’s case. While the decision is only binding in Broward and Palm Beach Counties for now, courts in other Florida counties could rely on it as persuasive authority. This decision has important implications for community associations; if an association does not record a lien against a property before the bank records a lis pendens, a court can bar the association from foreclosing on that property. Therefore, it is important for associations to record liens early so that they can “get in front of” the bank’s lis pendens. Of course, community associations must still comply with the statutory waiting periods in pre-suit collections. Condominium associations must wait thirty days after sending a demand letter to record a lien against the property, and another thirty days after recording the lien to file a complaint. Homeowners associations must wait forty-five days between each step in order to file a foreclosure complaint against a delinquent owner.

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Categories: LitigationCondominium AssociationsHomeowners' Associations
Tags: CollectionsCondos and HOAsCovenants and RestrictionsJamie A. ColeEdward G. GuedesJoshua D. KrutMichael S. PopokJoseph H. SerotaMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysMatthew H. MandelFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Community Association LawFlorida Condo Association LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Joshua D. Krut & Brooke P. Dolara

WSH Attorneys Recognized as “BestLawyers 2014” by National Publication

Each summer, BestLawyers compiles a list of the most esteemed attorneys throughout the country. This year, WSH is thrilled to announce that several of its Members and Partners have been selected for "BestLawyers 2014."

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Categories: Environmental/SustainabilityLitigationLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsMitchell A. BiermanEdward G. GuedesStephen J. HelfmanGilberto PastorizaMichael S. PopokClifford A. SchulmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Represents Seventeen Municipalities in High Profile Dispute with Broward County

On June 28, WSH Managing Director Jamie A. Cole, Partner Daniel L. Abbott, and Associate Justin D. Luger filed a complaint on behalf of several Broward municipalities (the “Cities) in a high profile case against Broward County.

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Categories: LitigationLocal Government
Tags: Governmental LitigationMunicipal GovernmentDaniel L. AbbottJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation AttorneyJustin D. Luger
Author(s): Jamie A. Cole

WSH Appellate Chair Obtains Significant Win Before Third DCA on Premises Liability Discovery Dispute

On July 31, Florida’s Third District Court of Appeal granted Publix Super Market Inc.’s petition for writ of certiorari to quash a trial court’s discovery order that instructed Publix to supply information relating to slip and fall incidents occurring at all of Publix’s stores throughout Florida. Holding that the trial court’s order gave the plaintiff “carte blanche” discovery of irrelevant information, the Court held that the order departed from the essential requirements of the law and caused irreparable injury to Publix. The decision has significant legal and practical implications for large retailers defending slip and fall lawsuits. WSH Partner Edward G. Guedes served as appellate counsel for Publix in the matter.

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Categories: LitigationAppellate Law & PracticeCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellDiscoveryFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Edward G. Guedes

EEOC Files Title VII Disparate Impact Discrimination Suits Against Two Large U.S. Corporations

On June 11, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had filed two lawsuits against two companies, BMW and Dolgencorp, in which it alleged that the companies violated the Civil Rights Act of 1964 by adopting criminal background checks that have a disparate impact on African American applicants.

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Categories: Labor and EmploymentLitigationAdministrative Law
Tags: Employee MisconductFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment LawyersEqual Employment Opportunity Commission
Author(s): Brett J. Schneider

Supreme Court Tightens Definition of “Supervisor” in Title VII Employment Discrimination Claims

On June 24, the United States Supreme Court issued a ruling that limits the definition of a “supervisor” as it relates to employer liability in harassment claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”). Title VII protects individuals against employment discrimination on the basis of race, religion, sex, and national origin. Under Title VII, an employer is only liable for the harassment of a co-worker if the employer was negligent in controlling workplace conditions. However, an employer may be liable for workplace harassment for the conduct of a supervisor if the harassment culminates in a tangible employment action, such as a significant change in employment status or a decision causing a significant change in benefits. In Vance v. Ball State University, 2013 WL 3155228 (U.S. Jun. 24, 2013), the Supreme Court held that an employee is a “supervisor” for purposes of vicarious liability under Title VII if he or she is empowered by the employer to take tangible employment action against the victim. The ruling has met with significant support from the business community, while opponents lament that it will make it harder for plaintiffs to advance harassment claims against their employers under Title VII.

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Categories: Labor and EmploymentLitigationFederal Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider

Supreme Court Holds Claim Of Unlawful Retaliation Held to Higher Standard of Causation than Discrimination In Title VII Cases

On June 24, the U.S. Supreme Court (the “Court”) held that retaliation claims under Title VII of the Civil Rights Act must be proven under the traditional principles of “but-for” causation, requiring proof that the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer. In University of Texas Southwestern Medical Center v. Nassar, 2013 WL 2155234 (U.S. Jun. 24, 2013), the Court rejected the Government and Respondent’s argument that a plaintiff could prevail on a claim of unlawful retaliation if he or she could show that the plaintiff’s protected activity was a “motivating” or “substantial” factor in the employer’s alleged wrongful action, a lessened causation standard. The employer-friendly decision makes it harder for plaintiffs to present a prima facie case of unlawful retaliation under Title VII.

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Categories: Labor and EmploymentLitigationFederal LawFederal Courts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysProtected ActivityFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider

U.S. Supreme Court Overturns Arizona Voter Registration Law Requiring Documentary Proof of Citizenship

On June 17, the U.S. Supreme Court struck down an Arizona voter registration law requiring documentary proof of citizenship from people seeking to vote in federal elections. In Arizona v. Inter Tribal Council of Arizona, Inc., --- S.Ct. ----, 2013 WL 2922124 (U.S. Jun. 17, 2013), the Court held that Arizona’s proof of citizenship requirement was preempted by the National Voter Registration Act (“Act”), which requires States to “accept and use” a uniform federal form to register voters for federal elections.

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Categories: LitigationFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationPreemptionJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

U.S. District Court Judge Holds Interns Working At Motion Picture Studio “Employees” Entitled to FLSA Protections

Earlier this month, a federal district court judge for the Southern District of New York ruled that Fox Searchlight Pictures violated federal and State minimum wage laws when it failed to pay two unpaid interns who worked on the film “Black Swan” from 2009 to 2010. In Glatt v. Fox Searchlight Pictures, Inc., ----F. Supp. 2d ----, 2013 WL 2495140 (S.D.N.Y. Jun. 11, 2013), Judge William H. Pauley III held that plaintiffs Eric Glatt and Alexander Footman were improperly classified as “unpaid interns” and were actually “employees” protected by the Fair Labor Standards Act (the “FLSA”).

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Categories: Labor and EmploymentLitigationFederal Law
Tags: Employment AgreementsJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment LawyersFair Labor Standards Act
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Attorneys Recognized as Florida SuperLawyers

Florida SuperLawyers recently revealed its list of "SuperLawyers" and "Rising Stars" for 2013; each year, the magazine rates outstanding attorneys from more than seventy practice areas who have attained a high degree of peer recognition and professional achievement. The selection process for SuperLawyers includes independent research, peer nominations, and peer evaluations. This year, SuperLawyers recognized twenty WSH attorneys. 

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationCondominium AssociationsLocal GovernmentHomeowners' AssociationsAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)Construction LawReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentGary L. BrownJonathan CohenJamie A. ColeChad S. FriedmanEdward G. GuedesStephen J. HelfmanEric P. HockmanJoshua D. KrutGilberto PastorizaMatthew J. PearlMichael S. PopokAnthony L. RecioBrett J. SchneiderClifford A. SchulmanJoseph H. SerotaAlison F. SmithSusan L. TrevarthenRichard Jay WeissSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Divided Supreme Court Upholds Maryland DNA Collection Act

On Monday, a divided Supreme Court upheld the Maryland DNA Collection Act and ruled that police officers may take DNA samples from arrestees as part of a routine arrest booking procedure for serious crimes. In a 5-4 split, the Court likened swabbing of an arrestee’s inner cheek with a “Q-Tip-like” swab to that of taking fingerprints from an arrestee and held: “When officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.”

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Categories: LitigationFederal LawFederal CourtsConstitutional Law
Tags: Public EmployeesPublic EmployersGovernmental LitigationSara E. AulisioJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Sara E. Aulisio

President Nominates Three Candidates to Influential Federal Appeals Court

On June 4, President Obama announced the nominations of three people to the Court of Appeals for the District of Columbia Circuit. The nominees are U.S. District Judge Robert Leon Wilkins, Georgetown Law Professor Cornelia T.L. Pillard, and attorney Patricia Ann Millett, a Partner at Akin Gump Hauer & Feld, LLP. The announcement was the first time the President held an event to announce nominees to the federal bench other than the Supreme Court. The announcement also comes one month after the U.S. Senate unanimously approved Deputy Solicitor General Sri Srinivasan’s nomination to the same court.

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Categories: LitigationAppellate Law & PracticeFederal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Forms New Practice Group Focusing on International Litigation, Real Estate and Business

In recognition of South Florida's unique position as the gateway for investment, commerce and real estate in Latin America, WSH has announced the formation of the International Group, a new practice group working with our Business Organization and Transaction Group, Litigation Division, and Real Estate Group to offer services to clients doing business in the Americas. The International Group assists and represents entrepreneurs, private businesses, publicly traded companies, financial institutions, and other ventures conducting business across international borders. Attorneys in the Group have extensive experience in business litigation, including contract disputes, secured transactions, shareholder and partnership disputes, and the prosecution and defense of class actions. The Group also handles real estate matters across international borders, including acquisitions, development, financing, leasing, and joint ventures. Lastly, the Group offers dispute resolution services, representing individuals and sovereign nations alike in matters of private and public importance. Attorneys in the Group serve our clients' comfort by speaking in their native tongue, including Spanish, French, Italian, and Portuguese.

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Categories: LitigationContractsReal EstateAdministrative LawCorporate LawInternational Law
Tags: Mitchell A. BiermanMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneyMiami Real Estate LawyerJoseph HernandezCarlos M. RodriguezRoger S. KobertMarc C. Pugliese
Author(s): Brooke P. Dolara

Senate Bill Aims to Attract International Disputes to Florida Courts

Earlier this year, State Senator Miguel Diaz de la Portilla introduced a bill that would allow international disputes to be handled in Florida. CS/SB 186 addresses personal jurisdiction in the Florida courts.

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Categories: LitigationCivil ProcedureAlternative Dispute Resolution
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFlorida LegislatureFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsAlternative Dispute ResolutionMediationFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneyRoger S. KobertMarc C. Pugliese
Author(s): Brooke P. Dolara

WSH Litigators Win Red Light Camera Appeal for City of Aventura

On April 24, WSH Partner Edward G. Guedes and Associate Samuel I. Zeskind obtained an appellate victory for the City of Aventura (the “City”) in a dispute over the City’s red light camera program. The appeal challenged a conviction for a red light camera citation. In her appeal, Geovana Achury argued in part that the trial court violated her right to due process by predetermining the evidence and relying on evidentiary and pre-trial rulings made in an unrelated case. The trial court relied on previously-determined evidentiary rulings in State of Florida v. Jason Vanderpool, 2011 WL 2742641 (Fla. Miami-Dade Cty. Ct. 2011) concerning the validity of the procedures used by American Traffic Solutions and other companies that maintain red light cameras. Taking judicial notice of the evidentiary rulings, the trial court held that the photographs and video generated by these cameras were admissible evidence.

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Categories: LitigationLocal Government
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinSamuel I. ZeskindEvidenceMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Labor and Employment Lawyers Obtain Summary Judgment for City in Discriminatory Discharge Case

On April 23, WSH attorneys Brett J. Schneider and Alison F. Smith obtained summary judgment in favor of the City of Lauderhill in a federal lawsuit brought by a former City maintenance worker. The Plaintiff alleged, among other things, that the City discriminated against him on the basis of his age and national origin, retaliated against him for making a discrimination complaint, and ultimately terminated his employment because of his age and national origin. Judge Robin Rosenbaum, in a 30 page written order, adopted many of the arguments made by Brett and Alison and granted summary judgment as to all seven counts in the Complaint.

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Categories: Labor and EmploymentLitigation
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingGovernmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaAlison F. SmithFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers

Supreme Court Justices Hold Plaintiff’s Claim Moot in Collective Action Under FLSA, Dismissing Case

On April 16, the U.S. Supreme Court issued an opinion that may limit the availability of collective action suits under the Fair Labor Standards Act. By way of background, the Fair Labor Standards Act (“FLSA”) establishes federal minimum wage and overtime pay requirements that cannot be modified by contract. Section 16(b) of FLSA permits employees to bring a private cause of action on their own behalf and on behalf of “other employees similarly situated” for specific violations of the FLSA. A suit brought on behalf of other employees is known as a “collective action.” The issue before the Court was whether a collective action is justiciable when the lone plaintiff’s individual claim becomes moot.

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Categories: Labor and EmploymentLitigationFederal LawFederal CourtsClass ActionsCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Wins Appeal for Miami Art Museum

On April 17, 2013, the Third District Court of Appeals affirmed the decision of Judge Barbara Areces, Circuit Court Judge of the 11th Judicial Circuit Court in and for Miami Dade County, finding that the lease of a portion of Bicentennial Park by the City of Miami (“City”) to the Miami Art Museum of Dade County Association, Inc. (“Miami Art Museum”) complies with the City’s Charter. WSH attorneys Joseph H. Serota and Eric P. Hockman represented Miami Art Museum in the trial court. Laura K. Wendell, who is Board Certified by The Florida Bar in the field of Appellate Practice, joined Joe and Eric on the appeal to write the brief in support of the trial court’s decision.

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Categories: LitigationLocal GovernmentAppellate Law & Practice
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

WSH Successfully Defends City of Lauderhill in Bid Protest Litigation

Earlier this year, WSH Partner and Construction Group Chair Gary L. Brown obtained a favorable decision on behalf of the City of Lauderhill (the “City”) in a lawsuit over a rejected bid protest for the construction of the City’s Performing Arts Center and Library.

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Categories: LitigationLocal GovernmentConstruction Law
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanGary L. BrownJamie A. ColeChad S. FriedmanMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Construction LawyerMiami Construction LawyerMiami Litigation Attorney
Author(s): Brooke P. Dolara

Major Banks Obtain Dismissal of Multiple Counts in Libor Case

On March 29, sixteen national financial institutions scored a major victory in federal court when U.S. District Court Judge Naomi Rice Buchwald dismissed several claims in private lawsuits alleging antitrust violations that resulted in injured investment returns for a number of plaintiffs. In 2011, the City of Baltimore and the New Britain Firefighters’ Benefit Fun filed a complaint against a dozen major U.S. banks, including Bank of America, Citigroup, Credit Suisse, Deutsche Bank, HSBC and JPMorgan Chase. Specifically, the plaintiffs alleged that the banks manipulated the Libor, a key metric that sets interest rates using data computed daily from domestic and international banks. The plaintiffs claimed that by "suppressing" the Libor, the banks concealed their level of risk during the financial crisis. In 2012, the banks filed a Motion to Dismiss, arguing that the evidence does not support the existence of a conspiracy to manipulate rates. In addition to the dismissal of the antitrust claims, Judge Buchwald also partly dismissed the plaintiffs’ claims of commodities manipulation, a claim of racketeering, and state-law claims. Although the plaintiffs’ claim that the banks’ suppression of the Libor resulted in harm to traders who bet on interest rates was not dismissed, Judge Buchwald’s decision may give the banks’ leverage in future settlement talks.

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Categories: LitigationLocal GovernmentFederal LawFederal CourtsClass Actions
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Supreme Court Rejects Class Certification In Comcast Lawsuit

On March 27, the Supreme Court ruled in favor of Comcast Corporation (“Comcast”) in an antitrust case brought by a group of its subscribers in the Philadelphia area on the basis of the group’s improper class certification. In Comcast Corporation v. Behrend, --- S. Ct. ----, 2013 WL 1222646 (U.S. Mar. 27, 2013). the Court held that issues of damages can preclude class certification, and that district courts must conduct a “rigorous analysis” of whether a group of plaintiffs satisfies the certification criteria under the Federal Rules of Civil Procedure, even if certain issues in the analysis are also addressed in the merits of the case. The decision provides companies with a substantial defense to class certification in antitrust cases.

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Categories: LitigationFederal LawFederal CourtsClass ActionsCivil ProcedureTortsAdministrative Law
Tags: Fort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

U.S. Supreme Court Holds Warrantless Search by Drug-Sniffing Dogs at Front Porch Constitutes Unreasonable Search

On March 26, the U.S. Supreme Court (the “Court”) held that the Miami-Dade law enforcement officers conducted a trespassory invasion when they used a drug-sniffing dog at the front door of a suspected marijuana dealer’s home without obtaining a search warrant, and that this invasion constituted an unreasonable search and a violation of the suspected dealer’s Fourth Amendment rights. The decision in Florida v. Jardines, --- S. Ct. ----, 2013 WL 1196577 (U.S. Mar. 26, 2013), will have an impact on how law enforcement agencies in Florida conduct K-9 searches.

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Categories: LitigationFederal LawFederal CourtsConstitutional LawCriminal Law
Tags: Florida Supreme CourtFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Eleventh Circuit Affirms Dismissal of First Amendment Challenge Against North Bay Village

On March 22, WSH obtained a favorable ruling for North Bay Village before the Eleventh Circuit Court of Appeals. The Eleventh Circuit refused to overturn the dismissal of a lawsuit challenging North Bay Village’s adult entertainment use regulations. Partner Edward G. Guedes, Chair of WSH’s Appellate Practice Group, handled the appeal for the City.

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Categories: Land Use & Zoning (Public)LitigationAppellate Law & PracticeFederal LawLand Use & Zoning (Private)Federal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenLaura K. WendellMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFirst AmendmentEleventh Circuit Court of AppealsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Edward G. Guedes & Brooke P. Dolara

Tiara Condominium: The Final Chapter in the Economic Loss Rule in Florida?

In 1987, the Florida Supreme Court decided the seminal case of Florida Power & Light Co. v. Westinghouse Elec. Corp., 510 So. 2d 899 (Fla. 1987), which marked the beginning of what would become nearly three decades of the application of the "Economic Loss Rule" (or Economic Loss Doctrine)("ELR") in Florida to bar tort claims for "purely economic losses" that were not accompanied by personal injury or damage to other property. As the Court would later explain in Casa Clara Condominium Ass'n, Inc. v. Charley Toppino And Sons, Inc., 620 So. 2d 1244, 1246 (Fla. 1993), purely economic losses are "damages for inadequate value, costs of repair and replacement of the defective product, or consequent loss of profits -- without any claim of personal injury or damage to other property." While application of the rule in Westinghouse began in the context of products liability--to bar FPL's claims in negligence for defective steam generators designed, manufactured and furnished by Westinghouse--the Court quickly expanded its use to services in the case of AFM Corp. v. Southern Bell Telephone & Telegraph Co., 515 So. 2d 180 (Fla. 1987)--to deny recovery in negligence for what amounted to a breach of contact by Southern Bell which used an incorrect phone number in an advertisement for AFM causing only economic damages.

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Categories: LitigationCondominium AssociationsHomeowners' AssociationsConstruction Law
Tags: Condos and HOAsFlorida Supreme CourtGary L. BrownJamie A. ColeEdward G. GuedesJoshua D. KrutMichael S. PopokJoseph H. SerotaDamagesFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Condo Association LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Gary L. Brown

Eleventh Circuit Expands FLSA Protection for Undocumented Workers

On March 6, the Eleventh Circuit Court of Appeals issued an opinion that permits undocumented workers to recover back pay from their employers for violations of the Fair Labor Standards Act (“FLSA”). In Lamonica v. Safe Hurricane Shutters, Inc., --- F. 3d ----, 2013 WL 811906 (11th Cir. Mar. 6, 2013), the Eleventh Circuit upheld a District Court decision awarding unpaid wages and liquidated damages to former employees, including one worker who was not authorized to work in the United States, who alleged that they were owed overtime wages under the FLSA. This was not a case of first impression for the Eleventh Circuit; the Court had previously held that undocumented workers could state a cause of action under the FLSA in Patel v. Quality Inn S., 846 F. 2d 700 (11th Cir. 1988). However, Hurricane Shutters, Inc. argued that Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 122 S. Ct. 1275, 152 L. Ed. 271 (2002), a Supreme Court case which held that the National Labor Relations Board could not award back pay to undocumented workers who are terminated for union activity, effectively overruled Patel. The Eleventh Circuit disagreed, stating that the case was not controlling authority because it involved a different statute and different issues; whereas the employees in Hoffman alleged they were owed back pay for being deprived a job, the employees in Lamonica claimed they were owed back pay for work already performed.

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Categories: Labor and EmploymentLitigationFederal Law
Tags: Collective BargainingMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara

United Central Bank Borrower Declared a Fugitive

Recently, a federal judge in Chicago declared Boca Raton developer Atul Bisaria a fugitive after he failed to appear for his arraignment on numerous criminal charges. In 2012, U.S. attorneys filed an indictment against Bisaria, alleging that he secured millions of dollars from two Chicago area banks, Broadway Bank and Mutual Bank, for renovations at two hotel properties. Prosecutors allege that Bisaria would submit phony invoices for steel to be used in the renovations, but that no construction work was ever done on the properties. The indictment further alleged that Bisaria would use the proceeds of the loan for personal expenses and other business ventures.

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Categories: LitigationCriminal Law
Tags: Jamie A. ColeEric P. HockmanMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneyJohn J. Quick
Author(s): Brooke P. Dolara

FINRA Panel Holds Wall Street Powerhouse Can Prohibit Investors From Participating In Class Action Suits

The Financial Industry Regulatory Authority (“FINRA”), Wall Street’s self-regulatory organization, recently announced that it will appeal a ruling that allowed Charles Schwab & Co., Inc. (“Charles Schwab”) to require customers to waive their right to participate in class-action suits.

In February 2013, a FINRA hearing panel upheld Charles Schwab’s use of arbitration agreements that require customers to bring all disputes into FINA-run arbitration forums. In 2012, FINRA brought charges against the company, alleging that its arbitration agreements violated FINRA rules permitting customers to pursue class action claims in lieu of arbitration. FINRA claimed that by requiring customers to bring all disputes into arbitration forums, Charles Schwab forced customers to waive their right to participate in class-action suits. The panel held that, although Charles Schwab’s actions violated FINRA rules, the FINRA rules themselves violated the National Arbitration Act. The ruling essentially prohibits investors from pursuing class action lawsuits if they have signed arbitration agreements. FINRA has forty five days to appeal to its National Adjudicatory Council, its internal appellate board.

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Categories: LitigationAlternative Dispute Resolution
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsAlternative Dispute ResolutionFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneySecurities and Exchange Commission
Author(s): Brooke P. Dolara

Florida Legislators Consider Changes to Existing Foreclosure Laws

For the third time since 2010, Florida lawmakers introduced a bill designed to accelerate the foreclosure process in the state. House Bill 87, otherwise known as the "Fair Foreclosure Act,” offers a number of changes to civil procedures in foreclosure cases, including limiting discovery time available to owners and requiring lenders to file the original note or certification that they have the note. The bill makes these changes retroactively, so pending cases would be affected as by the legislation. Proponents of the Fair Foreclosure Act argue that it provides community associations with leverage against banks that file foreclosure lawsuits against delinquent owners and then fail to litigate the case aggressively. By speeding up the foreclosure process, they argue, the Fair Foreclosure Act helps community associations get rid of delinquent owners who incur massive arrearages during the pendency of a long foreclosure process. Detractors counter that the bill does not incentivize the banks to prosecute a foreclosure aggressively, and that most of the changes place too great a burden on homeowners.

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Categories: LitigationCondominium AssociationsHomeowners' AssociationsCivil Procedure
Tags: CollectionsCondos and HOAsGoverning DocumentsCovenants and RestrictionsJamie A. ColeEdward G. GuedesJoshua D. KrutMichael S. PopokJoseph H. SerotaFlorida LegislatureMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysMatthew H. MandelFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation Attorneys
Author(s): Brooke P. Dolara

Florida Supreme Court Narrows Privilege Protecting Attorneys from Tort Suits for Conduct or Comments Made in Litigation or Pre-Litigation Investigations

On February 14, 2013, the Florida Supreme Court handed down its decision in Delmonico v. Traynor, which was somewhat less than a Valentine’s Day card to lawyers around the State of Florida. Historically, a lawyer engaged in litigation and pre-litigation investigation of matters has enjoyed an absolute privilege that protects him or her from being sued in tort for comments made or conduct engaged in while handling the litigation on behalf of a client. Yesterday, the Florida Supreme Court articulated a new rule, concluding that when a lawyer is investigating a matter in litigation, but engages in ex parte communications with a non-party witness, comments made to that witness that result in harm to one of the parties are actionable in tort. The lawyer may not invoke an absolute privilege, but rather only a qualified privilege, provided the comments were related to the substance of the litigation.

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Categories: LitigationAppellate Law & PracticeTorts
Tags: Florida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Edward G. Guedes

Bisaria Declared Fugitive After Failing to Appear for Arraignment

On January 25, a federal judge in Chicago declared Boca Raton developer Atul Bisara a fugitive after Bisaria failed to appear for his arraignment on fraud charges. In October, federal prosecutors filed an indictment against Bisaria and his contractor, Steve Lewis, alleging that both men engaged in a scheme to defraud two Chicago area banks and obtain money and property by means of materially false and fraudulent pretenses, representations, promises and material omissions. Specifically, the indictment alleged that Bisara and Lewis created false invoices for $1.9 million in steel to be used in the renovation of a Boca Raton hotel. Bisaria’s companies received loans from Broadway Bank and Mutual Bank to fund the project. However, the steel was never delivered and no work had been completed. The indictment further alleged that Bisaria used the proceeds of the loans for personal expenses and failed real estate ventures.

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Categories: LitigationContractsCriminal Law
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsWhite Collar CrimeFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation AttorneyJohn J. Quick
Author(s): Brooke P. Dolara

Supreme Court Hears Oral Arguments in Koontz Property Rights Case

On January 15, the Supreme Court heard oral arguments in Koontz v. St. Johns Water Management District. The Court granted certiorari to the appellant last October. The case involves Cory Koontz, a landowner who owned 15 acres of land, the majority of which fell within a riparian habitat-protection zone in the Econlockhatchee River hydrological basin and contained protected wetlands. The development of the land was under the jurisdiction of the St. Johns River Water Management District. The question presented in Koontz is whether a governmental entity’s denial of a permit can be the basis for a regulatory takings claim when it is denied solely because the landowner refused to agree to proposed conditions to the permit. The Court would also determine whether the decisions reached in Nollan v. California Coastal Commission, 483 U.S. 825, 107 S. Ct. 3141, 97 L.Ed. 2d 677 (1987) (holding that there must be an essential “nexus” between the permitted activity and the condition imposed on the permit) and Dolan v. City of Tigard, 512 U.S. f374, 114 S. Ct. 2309, 129 L. Ed. 2d 304 (1994) (requiring “rough proportionality” between the condition placed on the land and the extent of the impact of the proposed development”) are applicable to the present case, which involved no requirement to dedicate an interest in real property. In its 2011 decision, the Florida Supreme Court held that the Nollan/Dolan cases both involved the grant of permits rather than permit denials, and were only applicable where the condition imposed on the permit involves a dedication of the owner’s real property interest.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationEminent Domain
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Eminent Domain Attorney
Author(s): Susan L. Trevarthen & Peter D. Waldman

WSH Obtains Significant Trial Victory for City of Miramar In Bid Protest Litigation

On January 10, WSH obtained a trial victory for the City of Miramar in a lawsuit brought by Wheelabrator/Waste Management. The lawsuit challenged the award by the City of a contract for solid waste disposal. The contract was the result of the first competitive process in Broward County for solid waste disposal in more than twenty years, and broke the monopoly that Wheelabrator has held during that time period. The Court ruled that the City's procurement process was fair and proper, including the use of a "best and final offer" procedure. WSH Partner Daniel L. Abbott and Managing Director Jamie A. Cole litigated the case over 5 days, with substantial pre-trial assistance from Partner Douglas R. Gonzales and Associates Anthony C. Soroka and Samuel I. Zeskind.

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Categories: LitigationGovernment AffairsLocal GovernmentContracts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentDaniel L. AbbottMitchell A. BiermanJamie A. ColeChad S. FriedmanDouglas R. GonzalesEdward G. GuedesMichael S. PopokAnthony C. SorokaRichard Jay WeissDavid M. WolpinSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Jamie A. Cole

WSH Associate Eric Hockman And Other DCBA Directors Announce Registration for Annual Bench & Bar Conference

On February 8, the Dade County Bar Association (DCBA) will host its annual Bench & Bar Conference at the Coral Gables Country Club. WSH Associate Eric P. Hockman and his fellow DBCA directors will host 124 panelists in 23 diverse substantive law panels; participants have the opportunity to earn up to 8 continuing legal education (CLE) or continuing judicial education (CJE) credits by attending the course of their choice. Break-out sessions enable attendees to select the classes that best complement their practice area(s). More than several hundred attorneys and fifty-five federal and state judges have already registered to attend the program. To register for the event, please click here.

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Categories: LitigationAwards & RecognitionsConstruction Law
Tags: Eric P. HockmanFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMiami Aviation AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Construction LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman & Brooke P. Dolara

Federal Court Holds Condo Association Went Beyond Reasonable Inquiry into Owner's Disability

A Florida federal court recently held against a condominium association for violating federal and State law when it refused to grant an accommodation for an owner with an emotional support animal. The Association is a condominium association located in Altamonte Springs, Florida. The Association rules and regulations limit all pets to a maximum weight of 25 pounds. Owner Bhogaita acquired a dog weighing more than 25 pounds. The Association sent Bhogaita a notice demanding that Bhogaita remove the dog. Bhogaita responded by sending a note from his doctor, which stated that Bhogaita suffered from chronic anxiety brought on by Post Traumatic Stress Disorder, and that the doctor had prescribed an emotional support animal to help Bhogaita cope with his anxiety. The Association subsequently sent written requests for additional information pertaining to Bhogaita’s mental impairment and treatment he had received, and demanded that the dog be removed. Bhogaita sued the Association, claiming it violated the Fair Housing Act and corresponding State law by denying his requested accommodation.

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Categories: LitigationCondominium AssociationsHomeowners' Associations
Tags: Condos and HOAsJamie A. ColeEdward G. GuedesJoshua D. KrutMichael S. PopokFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Community Association LawFlorida Condo Association LawFlorida Litigation AttorneysMiami Litigation Attorney

Fourth DCA Takes Firm Stance Against Party Seeking Appellate Attorneys' Fees

On December 19, the Fourth District Court of Appeal (the “Court”) determined that a request for attorneys’ fees in an original appellate proceeding must be included in a party’s petition, response or reply, or it will be considered untimely.

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Categories: LitigationAppellate Law & Practice
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation Attorney
Author(s): Edward G. Guedes

WSH Attorneys Michael Popok and Mitch Burnstein Obtain Judgment for Large Bank in Commercial Foreclosure Action, Erasing $95M in Damages for Borrower

On December 17, WSH attorneys Michael S. Popok, Mitchell J. Burnstein, and Eric P. Hockman obtained a Final Judgment of Foreclosure and Voluntary Dismissal for United Central Bank in a 3-year long property dispute in Orange County Circuit Court, erasing $95 million in damages for the borrower. Business Division Judge Alice Blackwell heard four of the WSH team’s summary judgments: (a) to foreclose and obtain a deed; (b) to cancel a provision of the Deed in Lieu agreement relating to the bank’s future performance, which forms the basis of the Borrower’s Counterclaims; (c) to dismiss with prejudice as a matter of law, any claims based on purported “oral agreements” under the D’Oench doctrine, which prohibits a party who lends to him or herself from asserting an unrecorded agreement against the FDIC, and Federal common law; and (d) to deny the Borrower the ability to put on a damage case based on purported lost profits, diminution in value of the subject property, and lost “FF&E” (furniture, fixtures and equipment). The Court granted summary judgment of foreclosure to United Central Bank, placing the deed in the hands of the bank for future disposition. The Court also dismissed with prejudice any and all claims based on the purported oral agreements of the prior bank, granting summary judgment to the bank on the basis of the D’Oench doctrine. United Central Bank also obtained summary judgment as to the issue of damages; the Court held that the only damages the borrower would be entitled to would be for breaches in the Deed in Lieu agreement. As a result, the borrower’s counterclaim for $95 million took a significant beating.

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Categories: Litigation
Tags: Mitchell J. BurnsteinEric P. HockmanMichael S. PopokFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Michael S. Popok & Brooke P. Dolara

Florida Supreme Court Holds State Noise Law Unconstitutional

In an opinion issued on Thursday, December 13, 2012, the Florida Supreme Court declared Section 316.3045, Florida Statutes (2007), to be invalid. The law prohibits motorist from playing music or amplified sound at a volume that is “plainly audible” to someone 25 feet away.

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Categories: LitigationLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellJames E. WhiteDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): James E. White

WSH Member Michael S. Popok Addresses La Ley Lawsuit with Miami Herald

For more than seven months, the City of Homestead has been defending itself in a lawsuit brought by La Ley Sports, the operator of the Homestead baseball stadium over La Ley’s $162,000.00 delinquency to the city for unpaid insurance and utility bills. Since La Ley began operating the stadium in 2011, the arrearage has crept up. In October, a circuit court judge dismissed the lawsuit and gave the operator an opportunity to re-file the complaint. After La Ley filed its amended complaint, the City asked a judge to dismiss the case. The Miami Herald recently contacted WSH Member and Partner-in-Charge of the Miami office, Michael S. Popok, for his thoughts on the lawsuit. Michael stated that the City’s position is that the operator owes the City of Homestead approximately $100,000.00.

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Categories: Litigation
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Three WSH Attorneys Named as New Partners in 2013

On December 13, WSH announced that attorneys Lillian M. Arango, Chad S. Friedman, and John J. Quick would be made Partners at the Firm. All three attorneys have been part of the WSH team for more than 10 years. Their first day as Partners will be January 1, 2013.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsLillian M. ArangoChad S. FriedmanFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Real Estate LawyerMiami Commercial Litigation AttorneyMiami Litigation AttorneyMiami Real Estate LawyerJohn J. Quick

Weiss Serota Helfman Attorneys Joe Serota and Eric Hockman Participate in Inaugural “Legal Legends v. Young Guns” Event

On Friday, November 30, 2012, the Dade County Bar Association held its inaugural mock trial demonstration at the Dade County Courthouse in the fully-restored Courtroom 6-1. Conceived by DCBA President Garrett Biondo and WSH attorney Eric P. Hockman, the “Legal Legends v. Young Guns” demonstration brought together some of the greatest legal legends in Miami Dade County and pitted them against the stars of the next generation. The concept allowed the audience to observe the styles of some of the best attorneys in South Florida. The event also afforded an opportunity to see cutting-edge trial technology put to use in a courtroom environment.

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Categories: LitigationAwards & Recognitions
Tags: Awards & RecognitionsEric P. HockmanJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

WSH Achieves Dismissal of High-Profile Case for City of Homestead

Last week, WSH Founding Member Joseph H. Serota and Partner Matthew H. Mandel achieved a significant victory for the City of Homestead in a high-profile case brought by a former city employee. Circuit Court Judge Jorge E. Cueto dismissed former city administrator Johanna Faddis’ lawsuit against the city and its elected officials finding that Faddis lied under oath multiple times and thereby forfeited her right to seek relief from the court.

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Categories: Labor and EmploymentLitigationTorts
Tags: Public EmployeesPublic EmployersGovernmental LitigationSpecial Counsel to Local GovernmentJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Litigation Attorney
Author(s): Matthew H. Mandel & Brooke P. Dolara

Public Employees Alleging Sovereign Immunity Do Not Have To Wait for Lawsuits to Be Resolved to Appeal Non-Final Orders

On November 15, the Florida Supreme Court (the “Court”) unanimously ruled in Keck v. Eminisor, 2012 WL 5516053 (Fla. Nov. 15, 2012) that public employees do not have to wait until lawsuits are resolved to appeal non-final orders denying summary judgment based on claims of sovereign immunity.

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Categories: LitigationAppellate Law & PracticeTorts
Tags: Public EmployeesPublic EmployersGovernmental LitigationSpecial Counsel to Local GovernmentJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Obtains Appellate Victory For Town of Manalapan

On November 14, the Fourth District Court of Appeal issued a per curiam affirmance of the trial victory obtained by WSH Partner Daniel L. Abbott in a long-lasting battle between a homeowner and the Town of Manalapan over a zoning issue.

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Categories: Land Use & Zoning (Public)LitigationLocal Government
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRule EnforcementDaniel L. AbbottMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Civil Litigation Attorneys
Author(s): Daniel L. Abbott

The Red Light Camera Diaries: Florida Supreme Court to Determine Whether Programs Preempted by State Law

The Florida Supreme Court will hear cases from the Third and Fifth District Court of Appeal to determine the legality of red light camera ordinances in Aventura and Orlando. The Third and Fifth Districts issued conflicting opinions on whether the red light cameras circumvented Florida’s Uniform Traffic Control Law. In Aventura v. Masone, the Third District ruled that the City of Aventura’s red-light camera program was a valid and enforceable program that was not preempted by state law. Specifically, the Court found that Aventura properly invoked its broad home rule and police powers to regulate red light camera violations on its own roads through the use of red light camera powers, and to issue citations and collect fines under its code enforcement powers. The Court further found that Chapter 316 did not expressly preempt the City’s police powers in this area of traffic regulation. In City of Orlando v. Udowychenko, the Fifth District held that the city’s red light camera ordinance expressly and impliedly conflicted with state law because it enforced conduct specifically prescribed by state law.

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Categories: LitigationConstitutional Law
Tags: Red Light CamerasRule EnforcementFlorida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFlorida LegislatureMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation Attorney

District Court Judge Green-Lights Whistleblower Suit Brought Under Dodd-Frank Act

On September 26, a federal district court denied a Motion to Dismiss in a whistleblower case under the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), holding that the plaintiff could establish a prima facie violation of the Dodd-Frank Act based on the allegations contained in the complaint. The decision in Kramer v. Trans-Lux Corp., 3v11cv1424 (SRU) is significant because the Dodd-Frank Act, which was signed into federal law in 2010, provides greater protection against whistleblower retaliation than past legislation aimed at financial reform.

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Categories: Labor and EmploymentLitigation
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysProtected ActivityFlorida Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

The Right of Private Individuals to Video and Photograph Public Employees

In the era of ubiquitous cell phone cameras and social media usage, public employees need to be mindful of the law as it pertains to the rights of citizens to monitor public employees at work. Private individuals have a right to record public employees, including police officers, in the public discharge of their duties. The First Amendment provides private individuals a constitutionally protected right to photograph or video record public employees. This right, however, is not completely unqualified and may be subject to reasonable time, place, and manner restrictions. In Gilk v. Cunniffe, 655 F.3d 78, (1st Cir. 2011), the U.S. Court of Appeals for the First Circuit addressed the issue of whether there exists a constitutionally protected right to videotape police carrying out their duties in public. The First Circuit answered this question in the affirmative, holding, “Basic First Amendment principles, along with case law from this and other circuits, unambiguously establish that private individuals possess a constitutionally protected right to videotape police carrying out their duties.” Id. at 82. Recording governmental officers engaged in public duties is a form of speech through which private individuals may gather and disseminate information of public concern, including the conduct of law enforcement officers. Id. In Gilk, arrestee Simon Gilk was arrested for using his cell phone’s digital video camera to film several police officers arresting a young man on the Boston Common. The Charges against Gilk, which included violations of Massachusetts’s wiretap statute, were subsequently judged baseless and dismissed. Gilk then brought suit under §1983, claiming that his arrest for filming police officers arresting a young man constituted a violation of his rights under the First and Fourth Amendments. The First Circuit held that the officers were not entitled to qualified immunity on the First and Fourth Amendment claims and Gilk was awarded $170,000.

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Categories: LitigationConstitutional Law
Tags: Public EmployeesGovernmental LitigationSara E. AulisioJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsProtected ActivityFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Sara E. Aulisio

WSH Obtains Summary Judgment Against Local Hotelier, Preserving $36 Million Deficiency Judgment

On October 22, 2012, the Palm Beach County Circuit Court, Judge Lucy Chernow-Brown, granted a motion for summary judgment against an attempt by Shubh Hotels Detroit, LLC, Atul Bisaria, and Mihu Bisaria to collaterally attack a loan deficiency judgment in excess of $36,000,000 entered against them by a Michigan State Court. The Michigan judgment is in favor of United Central Bank, which is represented in Florida by Michael S. Popok and Eric P. Hockman.

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Categories: LitigationCivil ProcedureTorts
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

News of Bisaria Indictment Reaches South Florida Papers

As we reported in our blog last week, the Chicago Tribune reached out to WSH Member and Miami-Dade Partner-in-Charge Michael S. Popok for his reaction to the recent indictments of Boca Raton developer Atul Bisaria and contractor Steve Lewis, who are charged with defrauding Chicago’s Mutual Bank and Broadway Bank out of more than $19 million in loans. WSH represents United Central Bank, the successor to Mutual Bank, in a related foreclosure.

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Categories: LitigationFederal LawFederal CourtsCriminal Law
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneyJohn J. Quick
Author(s): Brooke P. Dolara

WSH’s Michael Popok, Counsel for Lending Institution, Responds to Indictment of South Florida Hotelier Atul Bisaria

On October 9, federal prosecutors in Illinois filed an indictment against Atul Bisaria and his contractor, Steve Lewis, alleging that both men engaged in a scheme to defraud two Chicago area banks and obtain money and property by means of materially false and fraudulent pretenses, representations, promises and material omissions. Mr. Bisaria allegedly persuaded Mutual Bank and Broadway Bank to loan him in excess of $9 million and $10 million each to renovate and hotels he owned in Boca Raton and Cincinnati. Mr. Lewis allegedly sent invoices to the bank falsely representing that payment was due for materials and work performed at the hotels to justify the large sums being loaned by the banks. In reality, no work had been completed at either job site. The indictment further alleges that Bisaria used the proceeds of the loan for personal expenses and failed real estate ventures. United Central Bank, a Texas based community bank which has acquired Mutual Bank’s assets, has retained WSH Member and Miami-Dade Partner-in-Charge Michael S. Popok to represent it in a related foreclosure. Commenting on Bisaria’s phantom renovations, Michael stated that the “only thing [Bisaria] built was a pile of invoices.”

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Categories: LitigationBankruptcy & Creditors’ Rights
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

U.S. Supreme Court Will Hear Widely-Publicized Florida Case Involving Rules on Exactions and Inverse Condemnation

On October 5, the United States Supreme Court granted a petition for certiorari filed on behalf of the plaintiff in Koontz v. St. Johns Water Management District.  Oral arguments will be scheduled in the coming months. The case involves Coy Koontz, a landowner who owned 15 acres of land, the majority of which fell within a riparian habitat-protection zone in the Econlockhatchee River hydrological basin and contained protected wetlands. The development of the land was under the jurisdiction of the St. Johns River Water Management District.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationAppellate Law & PracticeLand Use & Zoning (Private)Federal CourtsConstitutional LawEminent DomainAdministrative Law
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesGilberto PastorizaMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenMatthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Susan L. Trevarthen & Brooke P. Dolara

WSH Achieves Major Defense Victory for Settlement Provider

On October 8, Michael S. Popok, John J. Quick, and Eric P. Hockman achieved a major victory in defending against a motion for partial summary judgment in a breach of contract case involving a damages claim for $10.1 million. Judge Meenu T. Sasser, in the Palm Beach County Circuit Court, adopted the proposed order written and submitted by Michael, John and Eric almost verbatim.

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Categories: LitigationContracts
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneyJohn J. Quick
Author(s): Matthew H. Mandel & Brooke P. Dolara

Nine Years After Grutter v. Bollinger, Supreme Court Revisits Affirmative Action in College Admissions

Next week, the U.S. Supreme Court will hear oral arguments in Fisher v. University of Texas to consider whether use of race in undergraduate admissions decisions violates equal protection under the U.S. Constitution. The Court’s decision will have significant consequences for affirmative action policies at public universities.

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Categories: LitigationFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Attorneys Recognized as "Top Lawyers" in South Florida

This week, South Florida Legal Guide’s Legal Leaders published its annual list of attorneys who have earned the coveted AV Martindale-Hubbell rating, the highest peer review rating available to an individual lawyer. Legal Leaders recognized several WSH attorneys as members of South Florida’s “Top Rated Lawyers” in different practice areas:

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Categories: Land Use & Zoning (Public)LitigationAwards & RecognitionsLand Use & Zoning (Private)Real Estate
Tags: Awards & RecognitionsMitchell J. BurnsteinJamie A. ColeJeffrey DeCarloIgnacio G. Del ValleStephen J. HelfmanGilberto PastorizaGail D. SerotaJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Real Estate LawyerMiami Real Estate Lawyer
Author(s): Brooke P. Dolara

WSH Obtains Favorable Ruling From Florida Supreme Court in Wrongful Death Case

On September 14, 2012, WSH Partners Matthew H. Mandel, Edward G. Guedes, and Jamie A. Cole, obtained a favorable ruling from the Florida Supreme Court on behalf of the City of Boca Raton in a wrongful death action. The issue in the appeal was whether the police, after releasing an impaired person from their custody, owed a duty of care to that person. The Florida Supreme Court denied the plaintiff’s petition to have the Court review the favorable En Banc decision from the Fourth District Court of Appeal, which held that the police did not owe a duty of care. The entire panel of judges from Fourth District Court had reversed an earlier decision by 3 of its judges and affirmed the trial court’s dismissal of the plaintiff’s complaint.

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Categories: LitigationTorts
Tags: Governmental LitigationFlorida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale LitigatorsMiami LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation Attorneys
Author(s): Matthew H. Mandel

Fourth DCA Affirms Denial of Writ of Mandamus in Public Records Request; Finds No Abuse of Discretion by Municipality

The Fourth District Court of Appeal recently released a decision that provides municipalities and law enforcement with significant firepower against public records requests for information obtained in criminal investigations. In Harvard v. Village of Palm Springs, 11-1192, the issue was whether the Village of Palm Springs (the "Village") properly withheld law enforcement records, including a juvenile offense report and copy of a videotaped interview. The Fourth District sided with the Village, holding that the release was discretionary under 985.04(3) and that the investigation fell within one of the exemptions set forth in 119.071(2)(h)(1)a-c.

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Categories: LitigationGovernment AffairsLocal Government
Tags: Public RecordsGovernmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): John J. Quick & Brooke P. Dolara

Citrus Canker: Appellate Victory for Homeowners in Appeal Before Third DCA

WSH Founding Member Joseph H. Serota and Grossman Roth P.A. attorney Robert Gilbert recently obtained an appellate victory before the Third District Court of Appeal on behalf of Miami-Dade homeowners whose trees were destroyed by the Department of Agriculture and Consumer Services’ Citrus Canker Eradication Program (“CCEP”). In Florida Department of Agriculture and Consumer Services v. Lopez-Brignoni, et al., 10-2024, the Department appealed the lower court’s certification of the plaintiff class on the basis that 1) the plaintiffs did not have a private cause of action for additional compensation under Florida law, nor a claim for inverse condemnation, and 2) the trial court applied an improper measure of damages for the destroyed trees. The majority opinion rejected these arguments and affirmed the lower court’s order granting the homeowner’s motion for class certification.  Since 2000, the firm, through Managing Director Jamie A. Cole, has been co-lead counsel with Robert Gilbert in multiple lawsuits against the State to obtain full and just compensation for the hundreds of thousands of healthy citrus trees that were destroyed by the state of Florida as part of the CCEP.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesClifford A. SchulmanJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Florida Supreme Court Hears Oral Arguments in Public Employee Pension Case

On September 7, the Florida Supreme Court (the “Court”) heard oral arguments concerning an appeal by state officials seeking to overturn a decision issued by state court Judge Jackie Fulford in Leon County, Florida that voided a law that, among other things, required public employees to contribute 3% of their pay into a state retirement system. The central issue in Scott v. Williams, SC122-520, is whether the state of Florida can revise the terms of the public pension plan for active participants who were hired before the law took effect. The State, along with local governments and other public entities that participate in the state retirement system, argued that the lower court’s decision will produce significant financial hardship for the State, which will have to repay an estimated $1 billion in worker contributions if the decision is upheld. No timetable was given for a decision from the Court.

 

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Categories: Labor and EmploymentLitigationConstitutional LawContracts
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Governmental LitigationFlorida Supreme CourtFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Partner Gary Brown to Speak at NBI Construction Law Seminar in 2013

This coming March, WSH Partner and Construction Group Chair Gary L. Brown will be speaking as a featured panelist at an upcoming Continuing Legal Education course offered by the National Business Institute (“NBI”). Gary will give two one-hour long presentations discussing the fundamentals of construction defect claims (including applicable laws, regulations and standards of care) along with indemnity provisions and insurance relating to construction defects. This will be Gary’s second presentation for the NBI; he previously taught a seminar entitled “Managing Contract Changes/Handling Changes to Jobsite Conditions” at the NBI’s Construction Law Seminar in 2008.

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Categories: LitigationAwards & RecognitionsConstruction Law
Tags: Gary L. BrownCommercial General LiabilityConstruction DefectsFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Judges to Crack Down on Jurors' Use of Social Media During Trial

The federal judiciary recently issued new jury instructions aimed at restricting jurors’ use of electronic tools and social media in particular to research and/or communicate about a case. The instructions will be read to jurors by the judge at the outset of trial and again before deliberations. The instructions include an all-inclusive list of prohibited methods of communication, including cell phones, Blackberries, iPhones, the Internet, e-mails, blogs and websites. The instructions allow for restrictions on newly developed electronic tools and social media, prohibiting “other tools of technology” and “any similar technology of social media,” even if these tools are not specifically identified by the judge. The instructions also mandate that jurors identify and report any other juror who violates the instructions. The aim of the new instructions is to remind jurors that they must decide the case solely on the evidence presented at trial, and not rely on outside influences. By limiting jurors’ exposure to electronic media, the judiciary hopes to curb the influence of inaccurate, inflammatory, and prejudicial comments that can permeate the Internet.

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Categories: Litigation
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Plaintiffs Alleging Securities Fraud Face Difficulty Establishing Prima Facie Case

The Eleventh Circuit Court of Appeals recently issued an opinion addressing what elements a plaintiff in a private securities fraud case must prove in order to establish a prima facie case. In Hubbard v. BankAtlantic Bancorp, Inc., 2012 WL 2985112 (11th Cir. Jul. 23, 2012), the Court held that the plaintiff had to prove loss causation, or that the plaintiff’s loss can be attributed to the defendants’ fraud and not ancillary factors unrelated to the defendant’s actions. The decision highlights the difficulty for most plaintiffs in establishing a prima facie case of securities fraud in a turbulent economic environment.

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Categories: LitigationFederal LawFederal CourtsTorts
Tags: Market Share LiabilityFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysFort Lauderdale LitigatorsMiami LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Construction LawyerMiami Commercial Litigation AttorneySecurities and Exchange Commission
Author(s): Brooke P. Dolara

The Red Light Camera Diaries: Sarasota County Denies Due Process Challenge Brought by Driver

Last week, we reported that a Polk County judge denied a Motion to Dismiss brought by 40 ticketed drivers challenging red light camera citiations on constitutional grounds.  In that case, the court rejected the drivers' argument that issuance of citations generated by red light camera violations violated the equal protection clausen. On August 29, a County Court judge in Sarasota County denied a Motion to Dismiss brought by a defendant driver who had been issued a red light camera citation. County Court Judge Kimberly Bonnner held that the defendant failed to prove that the issuance of a citation for red light camera violations did not constitute a violation of the due process clause.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasRule EnforcementMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFlorida ConstitutionFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

First DCA Holds Non-Compete Covenants are Transferable Even Under General Assignment of Rights

In today’s business environment, businesses merge and sever with unprecedented frequency. Because change in business ownership is so common, questions may arise as to what rights and obligations a business has into previously agreed-to covenants. A recent case from the First Circuit Court of Appeals gave some good news to such businesses. In DePuy Orthopaedics, Inc. v. Waxman, et al. 2012 WL 3138681 (Fla. 1st DCA, Aug. 3, 2012), the District Court held that non-compete agreements entered into between a distributor and its sales representatives were enforceable where the agreements were properly assigned under a sale of the distributor’s intangible assets. The case is significant because it holds that a mere general assignment of rights and obligations is sufficient to effectuate a transfer of enforcement rights; no formal assignment is needed.

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Categories: Labor and EmploymentLitigationContracts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Attorneys Recognized as BestLawyers by National Publication

Each summer, BestLawyers compiles a list of the most reputable attorneys throughout the country. This year, WSH is thrilled to announce that several of its Members and Partners have been selected for "BestLawyers 2013."

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsEdward G. GuedesStephen J. HelfmanMichael S. PopokClifford A. SchulmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Florida Courts Continue to Side with Municipalities in Red Light Camera Challenges

Throughout the past year, judges in both Broward and Miami-Dade County have heard challenges to the red light camera systems on constitutional and evidentiary grounds, and have ruled in the municipalities’ favor. This summer, Polk County entertained a similar challenge from more than 40 ticketed drivers, with similar results.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Red Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSamuel I. ZeskindFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Florida Supreme Court Adopts Amendments Governing Discovery of Electronically Stored Information

Effective September 1, procedural rule amendments governing discovery of electronically stored information (ESI) will go into effect in Florida courts. These amendments permit discovery of ESI during the pretrial and discovery phases of civil litigation. Rule 1.340, which governs interrogatories, permits production of ESI in response to an interrogatory or specific request. Rule 1.280 sets limitations on discovery and specifies procedures for a recipient of a discovery request to object to the action if producing the ESI is too costly or too burdensome (the Court may still grant the movant’s request, but may be shift some of the cost to the movant). For a complete list of all procedural rule amendments regarding ESI, please click here.

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Categories: Litigation
Tags: Florida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDiscoveryFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Associate Alison F. Smith Elected President of CBA

WSH Associate Alison F. Smith has been elected as the next President of the Caribbean Bar Association, a voluntary bar organization of South and Central Florida lawyers from the Caribbean community. 

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Categories: Labor and EmploymentLitigationAwards & RecognitionsAdministrative Law
Tags: Michael S. PopokAlison F. SmithFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Eleventh Circuit Upholds Tribal Immunity for Miccosukee in Dram Shop Case

The Eleventh Circuit recently affirmed a lower court decision to dismiss a father’s claim against the Miccosukee Indian Tribe for violating state dram shop laws by knowingly serving excessive amounts of alcohol to his daughter, who subsequently died in a fatal car accident. In Furry v. Miccosukee Tribes of Indians of Florida, the Court held that tribal sovereign immunity barred Furry from bringing suit against the Miccosukee Indians.

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Categories: LitigationAppellate Law & PracticeFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFlorida LegislatureFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsUnited States CongressFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Fourth DCA Holds State Traffic Statute Does Not Violate Equal Protection Clause, Red Light Camera Violators Not Similary Situated

On July 25, the Fourth District Court of Appeal handed down a decision holding that section 316.075 of the Florida Statutes, which governs traffic control signal devices, is constitutional and does not violate the Equal Protection Clause of either the United States or Florida Constitutions. The Fourth District reversed the trial court’s decision, which had found that the statute violated the Equal Protection Clause on the basis that the law unlawfully differentiated between individuals who were observed running red lights by law enforcement officers, and individuals caught running red lights by red light cameras. Under the Florida Statutes, red light violations that are observed by law enforcement officers are punishable by fines and points assessed against the driver’s license. However, red light violations that are captured via a red-light camera are cited and fined, but no points are assessed.

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Categories: LitigationGovernment AffairsLocal GovernmentFederal LawConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Edward G. Guedes

WSH Appellate Team Obtains Favorable Decision by Fourth DCA in Premises Liability Case

Florida’s Fourth District Court of Appeal today granted a petition for writ of certiorari filed by Publix Super Markets, Inc., and quashed a trial court order that had required the supermarket chain to turn over privileged work product documents prepared by its risk management team in connection with a premises liability incident. WSH's Appellate Practice Group  members Edward G. Guedes and Laura K. Wendell, represented Publix and took the unusual approach of asking the appellate court to engage in an in camera inspection of the privileged documents, since the documents represented evidence available to establish the applicability of the privilege. In adopting the appellate team’s argument, the Fourth District adopted a very favorable view of the privilege in premises liability cases, highlighting the practical realities that retailers face when these incidents occur on their premises.

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Categories: LitigationAppellate Law & PracticeTorts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Edward G. Guedes

Third DCA Holds FCRA Does Not Support Claim for Discrimination Based on Pregnancy

Today, Florida’s Third District Court of Appeal issued an employment ruling very favorable to employers, but certified conflict with the Fourth District on the same issue. The decision is Delva v. The Continental Group.   You can read a copy of the Opinion here.

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Categories: Labor and EmploymentLitigationAppellate Law & Practice
Tags: Florida Supreme CourtFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Edward G. Guedes

WSH Partner Josh Krut Discusses Responsibility for Mold Remediation in Cooperatives

For South Florida residents, mold infestations are an unfortunate byproduct of the humid tropical summers.  Eradicating mold can be costly and time-consuming.  For people living in shared communities, the question of whether the owner or association is responsible for mold remediation may be puzzling.  WSH Partner Joshua D. Krut, who chairs our Community Association, Club and Resort Practice Group, recently spoke with the South Florida Cooperator about what responsibilities cooperatives owe their residents with respect to paying for mold remediation. 

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Categories: LitigationCondominium AssociationsHomeowners' AssociationsReal Estate
Tags: Condos and HOAsJonathan CohenJamie A. ColeEdward G. GuedesJoshua D. KrutMichael S. PopokJoseph H. SerotaFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysMatthew H. MandelFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Condo Association LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Real Estate LawyerMiami Litigation AttorneyMiami Real Estate Lawyer
Author(s): Brooke P. Dolara

Fourth DCA Overturns Denial of Summary Judgment Motion After Verdict and Damages Awarded

The Fourth District Court of Appeal (“DCA”) recently reversed a lower court’s denial of the defendant’s motion for summary judgment even though the case subsequently went to trial and the plaintiff obtained a favorable judgment. In overturning the trial court’s decision, the Court held that where the material facts are not disputed and the denial of summary judgment is based on the resolution of a purely legal question, a decision is appealable after final judgment.

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Categories: LitigationAppellate Law & PracticeCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Dade County Bar Association Releases Results of 2012 Judicial Poll

Each year, the Dade County Bar Association (“DCBA”) conducts a Judicial Poll that allows attorneys in Miami-Dade County to express their opinion regarding the qualifications of incumbent judges and their challengers for judicial office. The Judicial Poll was first introduced by the DCBA in 1941 as a method of identifying fitness for retention of judicial office for Florida Supreme Court justices. This year, online voting was held from June 27 through July 12. 1,439 attorneys returned ballots to the DCBA, although not every judge had that many total votes. The DCBA compiled the results into a report revealing the number of votes each judge and/or candidate received regarding their qualifications. You can find the results of the 2012 DCBA Judicial Poll here.

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Categories: LitigationAppellate Law & Practice
Tags: Governmental LitigationMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Litigator Tim Ravich to Represent Dade County in ABA's House of Delegates

WSH Litigator Timothy M. Ravich has been appointed to the American Bar Association's House of Delegates as the representative for the Dade County Bar Association.  The appointment is for a two year term, and he will be sworn in at the end of August 2012 at the Annual Meeting in Chicago.

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Categories: LitigationAirports and AviationAwards & Recognitions
Tags: Awards & RecognitionsTimothy M. RavichFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMiami Aviation AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Eleventh Circuit Upholds County's Nude Dancing Ban, Despite Strip Club's Unsavory Allegations Against Lower Court Judge

The Eleventh Circuit recently upheld a Spaulding County, Georgia ordinance banning nude dancing in places where alcohol is sold. In holding for the County, the Court also upheld the Order of Summary Judgment by the District Court Jack Camp, a judge who was all-too familiar with the subject matter of after-hours entertainment.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal GovernmentFederal LawFederal Courts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokSusan L. TrevarthenFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsEleventh Circuit Court of AppealsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Former WSH Associate John Quick Returns to Firm, Named Of Counsel

Former WSH Associate John J. Quick has rejoined the firm as part of its Litigation Division. John, who is Of Counsel to the firm, has extensive experience in contract litigation, maritime litigation, bankruptcy and creditors’ rights issues, aviation litigation, banking and secured transactions, and employment litigation. Prior to his return to the firm, John previously served as in-house corporate counsel for Royal Caribbean Cruises Ltd. in Downtown Miami. He has also served as a clerk to the Honorable Stephen P. Nugent of the Rhode Island Superior Court.

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Categories: Litigation
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Partner Ed Guedes Wins Appeal Before Third District Court of Appeal for Miami-Dade School Board

WSH was recently retained by the Miami-Dade School Board to take the lead in a difficult, ongoing appeal before the Third District Court of Appeal of a decision by the State Board of Education. The ruling had overturned the School Board’s politically sensitive decision to terminate the charter of an existing charter school, which the School Board had determined was performing poorly and jeopardizing the students’ education. After the School Board’s decision to revoke the charter, the school appealed the decision to the State Board of Education in Tallahassee. Despite a recommendation from the Charter School Appeal Commission favorable to the School Board, the State Board of Education rejected the recommendation and upheld the school’s appeal, directing the School Board to reinstate the school’s charter.

The School Board appealed the decision to the Third District Court of Appeal, and WSH, led by Appellate Practice Group Chair Edward G. Guedes, stepped in to complete the briefing for the School Board and handle the oral argument. In The School Board of Miami-Dade County, Florida v. Rise Academy of South Dade Charter School, The Third District reversed the State Board’s decision, finding that the decision was erroneous under “any standard of review,” and remanded the matter to the State Board with directions to deny the charter school’s appeal, thus upholding the School Board’s original decision.

To read a copy of the Opinion, please click here.

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Categories: LitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeFederal Law
Tags: Governmental LitigationSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Edward G. Guedes

City of Baltimore Sues Major Banks, Alleging Antitrust Violations

In 2011, the city of Baltimore and the New Britain Firefighters' Benefit Fund sued more than a dozen major U.S. banks, alleging that the banks engaged in antitrust violations that resulted in injured investment returns for the plaintiffs.  Specifically, the plaintiffs allege that the banks manipulated the Libor, a key metric that sets interest rates using data computed daily from domestic and international banks.  The plaintiffs claim that by "suppressing" the Libor, the banks concealed their level of risk during the financial crisis.  The allegations of wrongdoing carry serious weight: last week, the British banking behemoth Barclays Plc agreed to pay U.S. and British regulators $455 million in fines for manipulating the Libor.

The case is being litigated in the U.S. District Court for the Southern District of New York.  Most recently, the banks filed a Motion to Dismiss , arguing that the evidence does not support the existence of a conspiracy to manipulate rates.  

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Categories: LitigationGovernment AffairsLocal GovernmentFederal Courts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Michael S. Popok

Michael Serota's Washington Post Article Addresses Comprehension of Supreme Court's Ruling on Constitutionality of Obamacare

While many people passionately debate the merits and faults of the Court’s recent decision in ideological terms, few understand the issues from a constitutional perspective. Truthfully, not many people are eager to sit down and read a 187-page Supreme Court decision littered with baroque legal terms and impenetrable sentences. Federal law clerk Michael Serota’s editorial “Why We Need Supreme Court Cliff Notes,” which appears in today’s Washington Post, argues that the Supreme Court should make their opinions more accessible to the public by providing abridged versions written in straightforward vernacular. In the article, Michael argues that providing more readable decisions makes the Court more accessible and relevant to the general public, and fosters greater interest among people in the Court.

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Categories: LitigationAppellate Law & PracticeFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Founding Member Joe Serota Inducted into Legal Elite Hall of Fame

WSH is thrilled to announce that Founding Member Joseph H. Serota has been inducted into Florida Trend’s Legal Elite Hall of Fame. For the past nine years, Florida Trend has consistently ranked Joe among the top tier (1%) of its Legal Elite. Joe has also received numerous accolades from other legal publications, including SuperLawyers and the South Florida Legal Guide.

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Categories: LitigationAwards & Recognitions
Tags: Awards & RecognitionsJoseph H. SerotaMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Employment Attorneys Win Appeal For City of Deerfield Beach

On June 6, the 4th DCA affirmed the entry of summary judgment on behalf of WSH client, the City of Deerfield Beach, in a case brought against it by a former City firefighter.  Congratulations to Brett J. Schneider and Alison F. Smith for obtaining this result for the City!

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Categories: Labor and EmploymentLitigationAwards & Recognitions
Tags: Public EmployeesPublic EmployersGovernmental LitigationAwards & RecognitionsJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment Attorney
Author(s): Jamie A. Cole

WSH Partner Matt Mandel Recognized as a "Top Lawyer"

WSH Partner Matthew H. Mandel has been honored as a “Top Lawyer” in the areas of Governmental Litigation and Commercial Litigation by the South Florida Legal Guide. The South Florida Legal Guide is a widely circulated and highly reputable legal services publication serving the tri-county area.

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Categories: LitigationAwards & Recognitions
Tags: Awards & RecognitionsFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Litigators Obtain Victory in North Bay Village First Amendment Challenge

On June 12, Judge Ungaro of the Federal Southern District of Florida, granted the City of North Bay Village's motion for summary judgment seeking the dismissal on standing grounds of a First Amendment challenge to the City's Land Use Code. Applicant Isle of Dreams, Inc., which has indicated that it would like to operate an adult-use nightclub, filed its suit without first applying for and obtaining a decision on a site plan application. Without that, the Court ruled, Isle of Dreams had no standing to raise any constitutional challenges to the City's Land Use Code. Congratulations to WSH litigators Edward G. Guedes, Matthew H. Mandel and Michael S. Popok, and land use attorneys' Stephen J. Helfman, Susan L. Trevarthen and City Attorney Nina L. Boniske on the victory.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal GovernmentLand Use & Zoning (Private)Constitutional Law
Tags: Governmental LitigationSpecial Counsel to Local GovernmentNina L. BoniskeJamie A. ColeEdward G. GuedesStephen J. HelfmanMichael S. PopokJoseph H. SerotaSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFirst AmendmentFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Michael S. Popok

WSH Founding Partner Joseph Serota Named Of Counsel to Greater Miami Chamber of Commerce

Joseph H. Serota, one of our firm's founding partners, was recently named Of Counsel to the Greater Miami Chamber of Commerce. Joe will serve in this capacity for a two-year term. Joe previously served as Chair of the Transportation and Infrastructure Committee and the New World Center Committee (Downtown Development) of the Chamber.

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Categories: LitigationAwards & Recognitions
Tags: Awards & RecognitionsJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation Attorney

Three WSH Members Recognized as "Leading Lawyers"

Each year, the South Florida Business Journal lists the area’s most reputable firms and noteworthy attorneys in its Book of Law. We are thrilled to announce that the South Florida Business Journal selected three WSH attorneys as "Leading Lawyers" in its 2012 Book of Law. Members Mitchell J. Burnstein, Michael S. Popok and Jamie Alan Cole all have extensive litigation experience and hold top management positions at our firm.

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Categories: LitigationGovernment AffairsAwards & RecognitionsEminent Domain
Tags: Governmental LitigationSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell J. BurnsteinJamie A. ColeMichael S. PopokFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Eminent Domain Attorney
Author(s): Brooke P. Dolara

WSH Attorneys Recognized as Super Lawyers and Rising Stars by National Legal Publication

We are thrilled to report that several WSH attorneys were recently selected as Super Lawyers and Rising Stars by Super Lawyers magazine.

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Categories: LitigationCondominium AssociationsGovernment AffairsLocal GovernmentHomeowners' AssociationsAppellate Law & PracticeFederal LawAwards & RecognitionsLand Use & Zoning (Private)Federal CourtsConstruction Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsGary L. BrownJamie A. ColeJoshua D. KrutMatthew J. PearlMichael S. PopokAnthony L. RecioRichard Jay WeissSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysAdrian J. AlvarezFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Partner Matt Mandel Discusses Trial Strategy and Preparation with Major South Florida Business Publication

Great litigators understand that trials can be time-consuming, expensive and draining for both the attorneys and parties, but that a favorable verdict can be enormously rewarding. Recently, Fort Lauderdale Business Litigation Attorney and WSH Partner Matthew H. Mandel sat down with the South Florida Business Journal to discuss his philosophy about whether to take a case trial. Matt discussed both his method of preparation for trial, as well as how he prepares clients for litigation. You can read a copy of the article here.

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Categories: Litigation
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation Lawyer
Author(s): Brooke P. Dolara

Social Media Users Beware - Your Posts May be Discoverable in Court

Many social media users are well aware of the perils of oversharing on the internet. Employers and college recruiters scour Facebook and Twitter for potentially compromising information about job applicants. Now an additional deterrent may cause people to think twice before posting disparaging comments or inappropriate photos on their pages: the information may be discoverable in court. Last November, a judge in the 17th Judicial Circuit in and for Broward County entered an order in a medical negligence case granting the defendants access to information Plaintiff posted on social networking sites.

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Categories: Litigation
Tags: Daniel L. AbbottJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDiscoveryEvidenceFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneyNegligence
Author(s): Brooke P. Dolara

Florida Supreme Court to Tackle Conflict Between 2nd and 5th District Court of Appeal Decisions Reached in CMI Cases

The Florida Supreme Court has recently accepted jurisdiction in Ulloa v. CMI, Inc. to resolve a conflict between the Fifth District Court of Appeal and Second District Court of Appeal in CMI, Inc. v. Landrum. In both cases, our appellate practice chair, Edward G. Guedes, represented CMI. The issue to be reviewed by the Florida Supreme Court relates to the ability of state courts to subpoena documents from an out-of-state corporate witness that happens to do business in the state, but otherwise has no documents, employees or offices in the state.

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Categories: LitigationAppellate Law & PracticeCivil Procedure
Tags: Florida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Edward G. Guedes

EEOC Finds Claim of Discrimination Based on Transgender Status Available Under Title VII

On April 20, 2012, the Equal Employment Opportunity Commission (“EEOC”) issued its decision in Mia Macy v. U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives(“Bureau”), in which it changed course from prior decisions and found that a claim of discrimination based on transgender status can be brought under Title VII’s sex discrimination prohibition.

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Categories: Labor and EmploymentLitigation
Tags: Public EmployeesPublic EmployersJamie A. ColeEdward G. GuedesAlexander L. Palenzuela-MauriMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFlorida Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Litigation Attorney
Author(s): Alexander L. Palenzuela-Mauri

Federal Judge Holds Florida Executive Order Requiring Drug Testing for State Workers Unconstitutional

Today U.S. District Judge Ursula Ungaro ruled that Governor Rick Scott’s Executive Order 11-58 providing for pre-employment drug testing and random drug testing of state employees violates the Fourth Amendment ban on unreasonable searches and seizures. See American Federation of State County and Municipal Employees (AFSCME) Council 79 v. Rick Scott, Case No. 11-civ-21976-UU. “To be reasonable under the Fourth Amendment, a search ordinarily must be based on individualized suspicion of wrongdoing,” Judge Ungaro wrote in her order, citing previous U.S. Supreme Court orders that ruled that urine tests are considered government searches.

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Categories: Labor and EmploymentLitigationGovernment AffairsFederal LawFederal Courts
Tags: Public EmployeesEmployment AgreementsPublic EmployersGovernmental LitigationMunicipal GovernmentJamie A. ColeRaquel ElejabarrietaEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta

WSH Member Mitch Bierman and Miami-Dade Partner-in-Charge Michael Popok Represent Firm at Law Firm Alliance Spring Meeting in Vancouver

WSH Member Mitchell A. Bierman and Partner-in-Charge of the Miami-Dade office Michael S. Popok will be representing our firm at the 2012 Law Firm Alliance Spring meeting in Vancouver, British Columbia from April 26 through 28. The meeting will focus on interactive management, social media, and law firm marketing. The meeting will focus on interactive management, social media, and law firm marketing.  The Law Firm Alliance is a loose affiliation of law firms created to provide a vehicle to obtain competent and responsive legal services.  LFA members are mid-size firms with a relatively narrow geographic scope.  All are highly regarded commercial firms offering a variety of corporate and litigation services, and each U.S. based LFA member has received the highly-coveted preeminent AV-peer review rating from LexisNexis Martindale-Hubbell.  Membership in the LFA is by invitation only.  WSH is the sole member firm representing the South Florida region.

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Categories: LitigationCorporate Law
Tags: Mitchell A. BiermanJamie A. ColeEdward G. GuedesMichael S. PopokGail D. SerotaLaura K. WendellFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMiami Aviation AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation AttorneyAbigail Watts-FitzGerald
Author(s): Brooke P. Dolara

Florida Supreme Court Abrogates Joint Residency Rule, Gives Plaintiffs Greater Latitude in Selecting Venue

On March 15, the Florida Supreme Court held that a plaintiff suing defendants who reside in different counties is not limited by the “joint residency rule” and can sue in the county of his or her choice.

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Categories: LitigationAppellate Law & PracticeCivil ProcedureTorts
Tags: Florida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFlorida LegislatureMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysMiami Litigation AttorneyNegligence
Author(s): Brooke P. Dolara

Steven Lippman, Former Partner and Close Ally of Scott Rothstein, Charged with Conspiracy to Commit Bank Fraud and Election Fraud

Federal prosecutors indicted Steven Lippman, a former partner of Scott Rothstein at Rothstein Rosenfeldt Adler, has been indicted in an alleged conspiracy to commit bank fraud and to violate federal election laws. The information charging Lippman with violating the Federal Campaign Act alleges that Lippman schemed with Rothstein “to dramatically increase the stature and political power” of Rothstein’s law firm by making large campaign contributions to several political candidates. The information also alleges that Lippman participated in check kiting and pocketed the excess funds drawn from the inflated checks among his co-conspirators. The information also alleges Lippman defrauded the Internal Revenue Service by failing to report these reimbursements as taxable income. If convicted of all charges, Lippman faces up to five years in federal prison.

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Categories: LitigationFederal LawFederal CourtsCriminal Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsWhite Collar CrimeFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Supreme Court Tackles Health Care: Day 3 of Oral Arguments

On the third and final day of oral arguments before the Supreme Court, the central issue was whether the individual mandate portion of the Patient Protection and Affordable Care Act (the “Act”) was severable from the remainder of the Act.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsUnited States CongressUnited States SenateFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

EEOC Placing Greater Focus on Remedying "Systemic" Discrimination

The Equal Employment Opportunity Commission ("EEOC") recently announced its strategic plan for fiscal years 2012-2016 where it indicated that it will focus more on remedying systemic discrimination.    The EEOC describes systemic cases as those “that address pattern or practice, policy or class cases where the alleged discrimination has a broad impact on an industry, occupation, business or geographic area.” The crux of a systemic case is that the alleged discrimination affects a group of individuals rather than one individual.  According to the strategic plan, by the end of fiscal year 2016 a percent (yet to be determined) of cases in the EEOC’s docket will be systemic cases.  This, according to the strategic plan, will provide the EEOC with an incentive to conduct systemic investigations. 

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Categories: Labor and EmploymentLitigationFederal LawFederal CourtsAdministrative Law
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingJamie A. ColeRaquel ElejabarrietaEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaEmployee MisconductMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Raquel Elejabarrieta

Supreme Court Tackles Health Care: Day 2 of Oral Arguments

The second day of oral arguments before the United States Supreme Court concerning the Patient Protection and Affordable Care Act (the “Act”) addressed the substantive question of whether or not a government mandate requiring Americans to purchase health insurance or face a penalty is constitutional.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsUnited States CongressUnited States SenateFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Supreme Court Tackles Health Care: Day 1 of Oral Arguments

This Monday, oral arguments began in the challenge brought by the attorney generals of 26 states to the Patient Protection and Affordable Care Act.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsUnited States CongressUnited States SenateFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

U.S. Supreme Court Slaps Down EPA for "Strong Arming" and Denial of Due Process to Citizens It Regulates in a Decision Under the Clean Water Act

Michael and Chantell Sackett were the victims of EPA’s “strong arming” according to Justice Scalia’s scathing opinion in the case of Sackett v. Environmental Protection Agency, 566 U.S._______ (2012)(Supreme Court Case No. 10-162). All the Sacketts wanted to do was build a home near, but not adjacent, to a lake. Their 2/3 acre lot is located in Bonner County, Idaho, and others had already built structures closer to the lake. Having received their local building approval, they began to fill part of their lot with dirt and rock. Then the EPA hammer descended.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsAppellate Law & PracticeFederal LawLand Use & Zoning (Private)Federal CourtsConstitutional LawAdministrative Law
Tags: Governmental LitigationSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsUnited States CongressUnited States SenateFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation Attorneys
Author(s): Clifford A. Schulman

WSH Associate Estrellita Sibila Speaking at "Smart Planning for a Green Future"

Associate Estrellita S. Sibila will be speaking at the Smart Planning for a Green Future 2012 Virtual Conference & Expo taking place on April 4 – 6, 2012. On April 5, 2012, Estrellita will speaking as part of a six member panel of state and national environmental leaders offering discussions and insights on Smart Planning for a Green Future. The program is hosted by the Future Is Now Foundation and 1000 Friends of Florida (@floridafriends) and will showcase timely topics on energy and environment including clean energy needs and options, green infrastructure, economic development and Florida jobs.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAwards & RecognitionsLand Use & Zoning (Private)
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanEstrellita S. SibilaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Urban Development BoundaryFlorida Environmental Law
Author(s): Estrellita S. Sibila

Founding Member Richard Jay Weiss to Speak at Good Government Initiative

On March 22, Founding Member Richard Jay Weiss will be speaking at the Good Government Initiative as part of a four member panel discussing “The Tension over Pensions: Good Public Policy or Obsolete Extravagance?” The Good Government Initiative is a program that provides early-career elected and appointed officials with leadership training and community conversations with the public to consider issues important to governance in the community. The Good Government Initiative was founded by former Miami-Dade Commissioner Katy Sorenson, who will serve as the moderator for the upcoming panel.

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Categories: Labor and EmploymentLitigationGovernment AffairsLocal GovernmentContracts
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingSunshine LawGovernmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaRichard Jay WeissDavid M. WolpinUnemployment CompensationEmployee MisconductNational Labor Relations BoardFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Mandatory Contribution by Public Employees of 3% Earnings to FRS Declared Unconstitutional

In a long awaited opinion, Judge Jackie Fulford issued a decision on March 6, 2012, in which shedeclared unconstitutional a requirement that government employees in Florida contribute 3% of their earnings to a state retirement fund (i.e., the Florida Retirement System). Judge Fulford wrote in her opinion that the Legislature committed “an unconstitutional impairment of plaintiff’s contract with the State of Florida, an unconstitutional taking of private property without full compensation, and an abridgement of the rights of public employees to collectively bargain over conditions of employment.” This ruling could cost the state more than $1 billion a year. The ruling does not impact the 3% contribution to the state retirement fund from employees hired after July 1, 2011, when the law went into place.

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Categories: Labor and EmploymentLitigationConstitutional LawContracts
Tags: Public EmployeesPublic EmployersCollective BargainingGovernmental LitigationSpecial Counsel to Local GovernmentFlorida Supreme CourtJamie A. ColeRaquel ElejabarrietaEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFlorida LegislatureMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta

WSH Wins Appeal of Wrongful Death Case Before Fourth DCA

On February 22, WSH Partners Matthew H. MandelJamie A. Cole and Laura K. Wendell  obtained a favorable en banc decision on behalf of the City of Boca Raton in a wrongful death action from the Fourth District Court of Appeal.  The issue in the appeal was whether the police, after releasing an impaired person from their custody, owed a duty of care to that person.  Holding that the police did not owe a duty of care, the entire panel of judges from Court reversed an earlier decision by 3 of its judges and affirmed the trial court’s dismissal of the plaintiff’s complaint.

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Categories: LitigationLocal GovernmentTorts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentVicarious LiabilityMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation AttorneyNegligence
Author(s): Matthew H. Mandel & Brooke P. Dolara

Gibraltar Bank Reaches Settlement with Investors in Scott Rothstein's Scheme

On February 28, a group of Scott Rothstein's money-losing investors settled a dispute with Gibraltar Bank & Trust for $10 million in cash and an additional share in bad faith insurance claims.  By settling the dispute out of court, the parties will avoid a trial in a highly publicized case; the investors originally sought $186 million in compensatory damages.  WSH Member Michael S. Popok represented former Gibraltar officer John Harris in the dispute. 

In addition to the Gibraltar settlement, investors also settled with TD Bank for $190 million, and Platinum Advisors for another $10 million.

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Categories: LitigationClass ActionsTorts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDamagesFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsAlternative Dispute ResolutionFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

U.S. Supreme Court Revisits Affirmative Action in Higher Education

A new case tackling affirmative action in higher education is set to be argued before the Supreme Court this fall. The case, Fisher v. University of Texas, was brought by a white student alleging that the University of Texas denied her admission because of her race. The case, which was appealed from the Fifth Circuit Court of Appeals, has the potential to eliminate diversity as a permissible factor used in admissions decisions, changing the precedent established by the Court in the 2003 case Grutter v. Bollinger. In Grutter, the Court upheld an affirmative action admissions policy of the University of Michigan Law School. The Court held that the law school had a compelling interest in promoting class diversity, and that admissions officers could consider race and ethnicity as part of a “holistic” review of an applicant’s file. The Court held that a separate affirmative action program, which incorporated a quota system, was too mechanistic and unconstitutional. The dissent argued that the “holistic” approach was itself a thinly-veiled and unconstitutional quota system. As a result of the decision, public colleges and universities could take race into account in admissions, but were not required to do so. Supporters and opponents of affirmative action have noted that the Fisher case will be decided by a much different Court than the one which decided the Grutter case. Because of the Court’s different makeup and the temporal proximity of oral arguments to the national election, supporters and opponents of affirmative action will be watching the developments of the Fisher case intently.

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Categories: LitigationFederal LawFederal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Government Officials Reach $26 Billion Settlement with Major Banks to Bring Relief to Homeowners

Federal and state officials have reached a $26 billion foreclosure settlement with Bank of America, JPMorgan Chase, Wells Fargo, Citigroup, and Ally Financial, five of the nation’s largest banks. The settlement is the largest deal reached to alleviate the damage caused by the housing market crash, and could provide relief to nearly two million current and former homeowners affected by the crash.

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Categories: LitigationClass ActionsAlternative Dispute Resolution
Tags: CollectionsChapter 7 BankruptcyChapter 11 BankruptcyJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDamagesFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMatthew H. MandelFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsAlternative Dispute Resolution
Author(s): Brooke P. Dolara

Ruling: APA Administrative Procedures Act Confers Jurisdiction Over State Officials

In a matter of first impression, a federal court of appeals recently decided that courts in the Eleventh Circuit—which hears matters arising in Alabama, Florida, and Georgia—have jurisdiction under the Administrative Procedures Act ("APA") over state officials.

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Categories: LitigationGovernment AffairsFederal LawFederal CourtsAdministrative Law
Tags: Governmental LitigationMitchell J. BurnsteinJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokTimothy M. RavichJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsEleventh Circuit Court of Appeals
Author(s): Timothy M. Ravich

Florida Employers Take Note....Eleventh Circuit Holds Pre-Eligibility Notice of Post-Eligibility Leave Is Protected Activity Under FMLA

In a case of first impression, the Eleventh Circuit Court of Appeals (the “Court”) has held that the Family Medical Leave Act (“FMLA”) protects employees’ pre-eligibility requests for post-eligibility leave. The case, Pereda v. Brookdale Senior Living Communities, Inc., ---- F. 3d -----, 2012 WL 43271 (11th Cir. Jan. 10, 2012), should provide guidance to Florida employers dealing with the question of whether an employee is engaging in “protected activity” under the FMLA.

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Categories: Labor and EmploymentLitigationFederal LawFederal Courts
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysEleventh Circuit Court of AppealsFamily Medical Leave ActProtected ActivityFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

Bloomberg BusinessWeek Interviews Michael Popok For Feature on Ponzi Schemer Scott Rothstein

Self-confessed thief and admitted liar Scott Rothstein continues to make national news for the fallout of his $1.2 billion Ponzi scheme. Bloomberg BusinessWeek, a national publication, recently ran an article detailing Rothstein’s allegations in his explosive December 2011 deposition testimony.

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Categories: LitigationFederal LawEthics & Professional ResponsibilityCriminal Law
Tags: EthicsJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsWhite Collar CrimeDepositionsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

U.S. Supreme Court Allows Telemarketing Lawsuits in Federal Court

In a ruling that is certain to impact where consumers can bring private lawsuits against telemarketing companies, the Supreme Court of the United States recently decided that claims under the Telephone Consumer Protection Act ("TCPA") may be brought in federal district courts.

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Categories: LitigationGovernment AffairsFederal LawFederal CourtsTorts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokTimothy M. RavichJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsUnited States CongressFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Timothy M. Ravich

Can Insurer's Conduct During Claims Administrative Process Expose It to Tort Liability?

On January 20, 2012, WSH obtained a complete defense victory for a major insurer in a case involving a unique section of Florida's Workers' Compensation Law. An employee who was injured in an on-the-job accident more than 10 years ago sued his insurer for "intentional infliction of emotional distress," arguing that the insurer's conduct during the claims administration process was deliberately intended to (and did) worsen his injuries. The employee demanded punitive and a million dollars in compensatory damages.

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Categories: LitigationContractsTorts
Tags: Florida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokTimothy M. RavichJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Timothy M. Ravich

Freshman Senator Marco Rubio Renounces Support for Senate Version of SOPA

Backers of the Stop Online Piracy Act (SOPA) were dealt a major blow when freshman Senator Marco Rubio (R-FL) released a statement withdrawing his support for Protect Intellectual Property Act (PIPA),  SOPA's companion bill in the Senate. Rubio joined several prominent senators in coming out against PIPA after an estimated 7,000 websites blacked themselves out in protest over the proposed bill.

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Categories: LitigationGovernment AffairsFederal LawConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFirst AmendmentCopyrightUnited States CongressUnited States Senate
Author(s): Brooke P. Dolara

Supreme Court Gives Death Row Inmate Relief Due to Big Law Firm Mailroom Screwup

On Wednesday, the United States Supreme Court ruled in Maples v. Thomas that a death row inmate in Alabama must be given another chance to file an appeal after his attorneys abandoned their representation of the defendant, failing to notify the court of their departure and consequently missing the filing deadline for an important appeal.

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Categories: LitigationAppellate Law & PracticeFederal LawFederal CourtsConstitutional LawCivil ProcedureCriminal Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Citing Religious Freedom, Supreme Court Backs Church In Discriminatory Discharge Case

On January 11, the United States Supreme Court held for the first time that federal discrimination laws do not protect church employees who perform religious duties. In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 2012 WL 75047 (Jan. 11, 2007), the Court recognized that the “ministerial exception” under the First Amendment protects religious institutions from discriminatory discharge where the former employee qualifies as a “minister.” Although the term “minister” is not strictly defined, the term may apply to those who conduct worship or serve as a messenger or teacher of faith.

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Categories: Labor and EmploymentLitigationFederal LawFederal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFirst AmendmentFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

South Florida Local Governments: Take Heed From Largest US Municipal Bankruptcy

The recent spate of ruptured water lines and sewer breaks in Broward County underscores the challenge of replacing, upgrading and ultimately financing our aging sewer infrastructure in the midst of a recession. Jefferson County, Alabama filed for protection under chapter 9 of the United States Bankruptcy Code in November. Listing $4.15 billion in debt, it is the largest municipal bankruptcy filing in U.S. History. The catalyst was its inability to address a staggering $3 billion in sewer financing obligations.

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Categories: LitigationBankruptcy & Creditors’ RightsGovernment AffairsLocal GovernmentFederal LawFederal Courts
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesAleida Martinez MolinaMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsChapter 9 BankruptcyFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Aleida Martínez Molina

NLRB Changes Procedures to Speed Up Union Elections; Employer-Friendly Organizations Respond With Lawsuit

On December 21, the National Labor Relations Board (“NLRB”) published a new Rule that will change the procedures for private sector union representation elections.  The Rule, which will take effect on April 30, 2012, shortens the time period between the initial filing of the election petition and the election, unless the parties stipulate to the election date. As a result, the Rule eliminates pre-suit challenges to NLRB rulings such as the appropriate bargaining unit and which workers are eligible to vote in an election.

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Categories: Labor and EmploymentLitigationGovernment Affairs
Tags: Employment AgreementsGovernmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law Attorneys
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Litigation Team Wins for the Miami Art Museum

Judge Barbara Areces of the 11th Judicial Circuit Court for Miami-Dade County entered a declaratory ruling today that the lease between the City of Miami and Miami Art Museum of Dade County Association, Inc. to construct a world-class art museum near downtown Miami complies with the City’s Charter. Judge Areces rejected efforts by Miami Neighborhoods United and a Miami resident to void the lease and prevent the project.

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Categories: LitigationGovernment AffairsLocal GovernmentReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJonathan CohenJamie A. ColeChad S. FriedmanEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

Supreme Court Decision on Health Care Overhaul Could Be Stalled Until 2015

This spring, oral arguments are scheduled to begin in a challenge to the Patient Protection and Affordable Care Act from the Eleventh Circuit Court of Appeals.

Before the Supreme Court tackles the challenged “individual mandate” in the Patient Protection and Affordable Care Act, it may first have to determine whether or not a challenge to the Act can be litigated at all. The Court could decide to delay any decision until 2015, when the penalties will be assessed against those who refuse to buy health insurance.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Because Social Media is Discoverable, Businesses Should Take Precautions to Limit Liability

Social media sites and blogs have become increasingly popular among employees for firm marketing and business purposes. These marketing activities offer employers great potential exposure; an August 2011 Nielsen Company study found that Americans spend approximately one-fourth of their time online on social networking sites and blogs. Although these marketing activities can provide employers with positive exposure, social media sites can create a significant litigation risk for companies when employees engage in inappropriate activity online.

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Categories: Labor and EmploymentLitigation
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaDiscoveryEvidenceEmployee MisconductFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law Attorneys
Author(s): Brooke P. Dolara

Rothstein Continues to Lie; Media Excoriates Him Over Dubious Deposition Testimony

In his recent deposition testimony, confessed liar and Ponzi schemer Scott Rothstein hurled unsubstantiated accusations at executives and bankers, alleging they were complicit in his $1.2 million Ponzi scheme.

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Categories: LitigationCriminal Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsWhite Collar CrimeDepositions
Author(s): Brooke P. Dolara

Holiday Displays On Public Property and the First Amendment

Each holiday season brings festivities, family time and a welcome break from the daily grind. For local government attorneys and officials, the holiday season also involves important issues of the types of holiday displays a city or county may authorize within its rights of way, parks and other public properties.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsJohanna M. Lundgren
Author(s): Susan L. Trevarthen & Johanna M. Lundgren

Disbarred Attorney Scott Rothstein Attacks Gibraltar Bank in Deposition; WSH Member Michael Popok Fires Back

Ponzi schemer and disbarred attorney Scott Rothstein returned to South Florida recently to give testimony concerning his illegal activities. Specifically, the confessed liar and scammer made allegations about the alleged role of other individuals and institutions in his money-laundering crimes. One of these individuals, former Gibraltar Private Bank & Trust Vice President John Harris, has retained WSH Partner-in-Charge Michael S. Popok to defend him against the accusations made by Rothstein. The South Florida Business Journal recently interviewed Michael in connection with their reporting on Rothstein’s deposition testimony.

To read a copy of the article click here.

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Categories: LitigationCriminal Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsWhite Collar CrimeDepositions
Author(s): Brooke P. Dolara

11th Circuit Holds Discrimination Against Transgendered Employee Violates Equal Protection Clause

In Glenn v. Brumby, 1:08-CV-02360-RWS (11th Cir. December 6, 2011), the court found that a governmental employer violates the Equal Protection Clause’s prohibition of sex-based discrimination when it terminates an employee because of gender-nonconformity when the employee announces that he or she is planning to transition from one sex to another. The case is significant because it contradicts earlier cases that relied on Congress’s intent in passing Title VII of the Civil Rights Act of 1964 to find that the law only protected against discrimination so that the sexes would be treated equally and did not protect those who were transitioning.

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Categories: Labor and EmploymentLitigationGovernment AffairsFederal CourtsConstitutional Law
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeEdward G. GuedesAlexander L. Palenzuela-MauriBrett J. SchneiderJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Labor LawyersFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Alexander L. Palenzuela-Mauri

Mandatory Foreclosure Mediation Ends in Florida

On Monday, Florida Supreme Court Justice Charles Canady issued an Order terminating the state’s mandatory foreclosure program. Citing the program’s abysmal success rate, Justice Canady wrote that the state “cannot justify the continuation of the program.”

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Categories: LitigationCondominium AssociationsBankruptcy & Creditors’ RightsHomeowners' AssociationsAlternative Dispute Resolution
Tags: CollectionsFlorida Supreme CourtJamie A. ColeDouglas R. GonzalesEdward G. GuedesJoshua D. KrutAleida Martinez MolinaMichael S. PopokJoseph H. SerotaFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsAlternative Dispute ResolutionMediation
Author(s): Brooke P. Dolara

Google Alert: You've Been Served....Federal Court Allows Service of Process By E-Mail

The U.S. District Court in Delaware ruled that a defendant can be served via his or her e-mail address, and that a client’s e-mail address is not subject to attorney-client privilege.

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Categories: LitigationFederal CourtsClass ActionsCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaService of ProcessFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Brooke P. Dolara

No More "Loosey-Goosey" Mediation For Insurance Companies

New rules for mediation take effect on January 1, 2012 that impact the way insurance companies participate in mediation.

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Categories: LitigationAlternative Dispute Resolution
Tags: Florida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaInsuranceFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsAdrian J. AlvarezMediation
Author(s): Adrian J, Alvarez

Tentative Settlement Reached in Yankeetown Challenge to 2011 Growth Management Reform

Following the passage of the sweeping growth management legislation included in House Bill 7207 of 2011 (the “Community Planning Act”), the Town of Yankeetown,Florida sued to overturn the bill. Yankeetown alleged that HB 7207 is unconstitutional because it contains more than one subject and has a misleading title, and because it contains an unconstitutional delegation of authority to the state planning agency. Yankeetown sought to continue to apply its referendum requirement for approval of comprehensive plan amendments, which existed before HB 7207 was enacted. HB 7207 broadened the prior statutory prohibition on referenda affecting a small number of parcels, to prohibit all planning referenda.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida Litigators
Author(s): Johanna M. Lundgren

WSH Litigation Team Wins Big For Aventura: Third DCA Holds Red-Light Camera Program Not Preempted By State Law

Today, in a much anticipated decision for local governments, the Third District Court of Appeal ruled that the City of Aventura’s red light camera program, operated pursuant to its police and code enforcement powers, was valid and enforceable, and was not preempted by the State’s Uniform Traffic Control Law set forth in Chapter 316, Florida Statutes.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementPreemptionMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Michael S. Popok

Litigators Continue to Roll: WSH Successfully Enjoins Million Dollar Party Host From Violating Village Code

On Wednesday, WSH litigators achieved a big win for the Village of Indian Creek in an emergency injunction trial before the Miami-Dade County Circuit Court.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Brooke P. Dolara

WSH Litigators Upheld On Appeal for City of Boca Raton

This week, the Fourth DCA affirmed the jury verdict WSH obtained on behalf of the City of Boca Raton in a false arrest case. The Plaintiff, an attorney, claimed that the City’s police officers stormed his house and arrested him without provocation when the City responded to a 911 hangup call traced to the Plaintiff’s residence. After a 4 day trial in March 2010, the jury returned a full defense verdict in 15 minutes. The Plaintiff appealed, and the Fourth District affirmed without an opinion.

Congratulations go out to Matthew H. Mandel (who handled the trial) and to Laura K. Wendell (who handled the appeal)!

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Categories: LitigationGovernment AffairsLocal GovernmentTorts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

American Bar Association Identifies a Significant Number of White House Potential Judicial Nominees as "Not Qualified"

The American Bar Association ("ABA") has secretly dismissed a significant number of President Barack Obama’s potential federal judicial nominees as “not qualified.”  The ABA’s judicial vetting committee disapproved of 14 out of the 185 potential nominees the administration asked it to evaluate, exceeding the total number opposed by the ABA during the administrations of both Presidents Bill Clinton and George W. Bush.  

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Categories: LitigationAppellate Law & PracticeFederal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Brooke P. Dolara

WSH Attorneys Recognized by 11th Judicial Circuit Historical Society for Achievement and Commitment to Historical Preservation

On November 12, HistoryMiami’s 11th Judicial Circuit Historical Society awarded two Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. attorneys with Legal Legends Awards.

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Categories: LitigationAppellate Law & PracticeAwards & Recognitions
Tags: Awards & RecognitionsJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Supreme Court Will Tackle Healthcare Law in March 2012

On November 14, the Supreme Court agreed to hear a challenge to the Patient Protection and Affordable Care Act, the 2010 healthcare overhaul law.

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Categories: LitigationAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Brooke P. Dolara

Takings in Eminent Domain: Testing The Waters Does Not Create a Property Right

In its recent decision in the matter of St. Johns River Water Management District v. Koontz, SC09-73, the Florida Supreme Court held that under the U.S. and Florida Constitutions there is not a taking when a state agency merely denies a development permit. Only when the regulatory agency issues a permit, giving the owner an interest in the permit and making the condition effective, can there be an exaction. Essentially, the Court held that until there is some property right that is actually being taken away, there is not a taking. While this may seem like common sense, this case went up to the Florida Fifth District Court of Appeal three times on this issue before the Supreme Court finally resolved it.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsEminent Domain
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenPeter D. WaldmanFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain Attorneys
Author(s): Peter D. Waldman

Federal Limits on Expert Discovery

Every lawyer who has ever worked with experts knows the rule: everything is discoverable. Except in federal court.

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Categories: LitigationFederal CourtsCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaLaura K. WendellDiscoveryEvidenceFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Eric P. Hockman

Red Camera Violators Get Partial Refund From City of Hallandale Beach

On November 2, City Commissioners in Hallandale Beach approved a settlement that would enable red camera violators cited by the City before July 2010 to each receive $20 refunds for issued citations.

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Categories: LitigationGovernment AffairsLocal GovernmentClass ActionsConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Brooke P. Dolara

Jamie Cole is an Ultimate Broward CEO

On October 27, the South Florida Business Journal held its 2011 Broward Ultimate CEO Awards to honor influential, innovative and successful business leaders throughout Broward County. This year, the Journal selected WSH Member Jamie Alan Cole as one of its distinguished honorees.

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Categories: LitigationGovernment AffairsLocal GovernmentAwards & Recognitions
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Brooke P. Dolara

Law Firm Alliance Selects WSHPC&B As Sole South Florida Representative

Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. is proud to have been selected as a member of the Law Firm Alliance, an elite coalition of law firms made up of 60 plus firms and 1500 attorneys throughout the Americas and parts of Europe. The Law Firm Alliance is a loose affiliation of law firms created to provide “competent and responsive” legal services to clients by providing a network of reputable member firms for referral of legal matters. Membership is by invitation only and limited to one firm by geographic area, so inclusion in the Alliance is highly coveted by premier firms. We are thrilled to be the sole South Florida representative in the Alliance. For more information on the Law Firm Alliance, click here.

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Categories: Labor and EmploymentLitigationBankruptcy & Creditors’ RightsGovernment AffairsLocal GovernmentAirports and AviationAwards & RecognitionsConstruction LawReal Estate
Tags: Awards & RecognitionsMitchell A. BiermanGary L. BrownJonathan CohenJamie A. ColeJeffrey DeCarloChad S. FriedmanEdward G. GuedesAleida Martinez MolinaGilberto PastorizaMichael S. PopokTimothy M. RavichClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law Attorneys
Author(s): Brooke P. Dolara

Construction Lien Triggers: When Is "Final" Really Final?

Florida’s Construction Lien Law might appear straightforward, but there is plenty of room for costly error.

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Categories: LitigationConstruction Law
Tags: Gary L. BrownJamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Eric P. Hockman

11th Circuit Finds Municipal Ordinance Authorizing Issuance of “Trespass Warnings” is Unconstitutional

The Eleventh Circuit Court of Appeals recently vacated a decision of U.S. District Court for the Middle District of Florida which had upheld the City’s of St. Petersburg municipal ordinance authorizing certain City officials to issue trespass warnings. In vacating the lower court, the Eleventh Circuit held that the City’s trespass warning ordinance was unconstitutional.

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Categories: LitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentSara E. AulisioMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFlorida ConstitutionFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of Appeals
Author(s): Sara E. Aulisio

Timothy M. Ravich to Speak at ABA's Aviation and Space Law Litigation National Conference in Washington, DC

WSHPC&B attorney Timothy M. Ravich has been invited to join the faculty of the American Bar Association's Tort Trial & Insurance Practice Section's Aviation and Space Law National Conference.  Timothy, a Florida Bar Board Certified Aviation Lawyer, will address how space law is anticipated to develop with the expansive opportunities of privatized space travel and commercial enterprise.  The conference will take place at the Fairmount Hotel Washington, DC from October 20-21, 2011.

To read more about the conference, click here.

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Categories: LitigationAirports and AviationAwards & Recognitions
Tags: Awards & RecognitionsJamie A. ColeEdward G. GuedesMichael S. PopokTimothy M. RavichJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMiami Aviation AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Timothy M. Ravich

Third DCA Upholds Strict Compliance Requirement for Florida Construction Lien Law

On October 5, the Third DCA held that strict compliance with Florida’s construction lien laws is a condition precedent to a claim against a payment bond. What was likely a scrivener’s error precluded recovery of more than $269,000.

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Categories: LitigationCondominium AssociationsConstruction Law
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanJoshua D. KrutMichael S. PopokJoseph H. SerotaBondsFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Eric P. Hockman

Third DCA Throws Out Case Alleging "Repugnant Environmental Violations"

On September 28, the Third District Court of Appeal in Florida reversed a trial court’s decision to grant a new trial to a plaintiff corporation seeking indemnification for “repugnant environmental violations” after a jury rendered a verdict for the defendant landowners. In Harris v. Grunow, ______ So. 3d ________, 2011 WL 4467379 (Fla. 3d DCA 2011), the Third District held that the plaintiffs failed to show that defendants introduced improper statements, and that a new trial was unwarranted.

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Categories: Environmental/SustainabilityLitigationCivil ProcedureTorts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaLaura K. WendellMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida Litigators
Author(s): Michelle Vos

Health Care, Free Speech and Criminal Appeals Dominate Docket for Supreme Court's 2011-2012 Term

On October 3, the Supreme Court returned to the bench for its 2011-2012 term. Although the caseload for the term is usually finalized in February, the Court already has forty-nine appeals on its docket. The court is scheduled to hear arguments in cases addressing free speech, and religious freedom and a plethora of criminal appeals alleging various Fourth Amendment violations. The Court also agreed to hear a challenge to the Patient Protection and Affordable Care Act, the 2010 landmark healthcare legislation that sparked lawsuits across the country from Virginia to Florida. Click here for a list of cases currently on the Court’s docket, complete with background information and key issues.

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Categories: LitigationAppellate Law & PracticeFederal LawConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaPatient Protection and Affordable Care ActMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Third DCA Holds That Product Manufacturers Whose Products Were Not Used By Plaintiff May Still Be Liable Under Civil Conspiracy

On September 28, 2011, the Third District Court of Appeals of Florida in Rey v. Philip Morris, Inc., ___ So. 3d ___ , 2011 WL 4467387 (Fla. 3d DCA 2011), reversed a Miami-Dade County Circuit Court decision granting final summary judgment to three cigarette manufacturers. The plaintiff did not dispute that her husband had never smoked cigarettes manufactured by those three defendants.

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Categories: LitigationTorts
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaProducts LiabilityMarket Share LiabilityFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. Mandel
Author(s): Eric P. Hockman

Fifth District Holds Corporate Registered Agent Is Not Conduit for Witness Subpoenas

On September 16, 2011, Florida's Fifth District Court of Appeal handed down a decision with substantial significance for out-of-state corporations doing business or looking to do business in Florida. In a case involving Kentucky-based, CMI, Inc., the manufacturer of the Intoxilyzer breath alcohol testing instrument used in Florida, DUI defendants had attempted to subpoena the instrument's source code by serving the company's registered in Florida and without complying with the requirements of Florida's Uniform Law to Secure the Attendance of Witnesses from Within and Without the State in Criminal Proceedings (Uniform Law). The Uniform Law, which has been enacted by all 50 states, requires that the judiciary of a witness' home state be allowed to participate in determining the validity of any effort to compel one of its citizens to appear and provide testimony or documentary evidence in another jurisdiction.

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Categories: Litigation
Tags: Edward G. GuedesService of ProcessPersonal JurisdictionUniform LawMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation Lawyer
Author(s): Edward G. Guedes

Developers Must Prove Legitimate Business Purpose In Order To Enjoy Exemption from ILSA Disclosure Requirements

On September 7, WSHPC&B Partner Edward G. Guedes scored a major appellate victory in the Eleventh Circuit Court of Appeals on behalf of purchasers of condominium units asserting federal and state claims against a developer.  With contributions from Partner Laura K. Wendell, Ed successfully argued that the developer was not entitled to certain exemptions from disclosure requirements where the developer structured transactions for the sole purpose of evading those disclosure requirements.

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Categories: LitigationCondominium AssociationsAppellate Law & PracticeLand Use & Zoning (Private)Contracts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellILSAFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

4th Circuit Vacates Decision Declaring Individual Mandate Portion of Health Care Law Unconstitutional

The Fourth Circuit Court of Appeals vacated a decision by the Eastern District Court of Virginia holding that the individual mandate under the Patient Protection and Affordable Care Act requiring individual persons to purchase health insurance is unconstitutional.

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Categories: LitigationAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Patient Protection and Affordable Care ActEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Hialeah Park Gambles On Constitutionality of New Law Before First DCA In Slot Machine Case

On September 7, the First District Court of Appeal heard arguments in an appeal challenging slot machines at Hialeah Park.

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Categories: LitigationGovernment AffairsConstitutional Law
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeChad S. FriedmanMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

Third DCA Holds Attorneys' Fees Can Be Included In Set-Off Where They Are Provided For In Contract

Last week, the Third District Court of Appeal held that a contractor may not be entitled to summary judgment in an amount equal to the claimed contract balance less the owner's claimed set-off where the contract at issue provided for both (1) prevailing party attorney's fees and (2) that the owner could withhold payment for damages incurred. The Third District found that attorney's fees were damages under the contract, were properly pled and, therefore, must have been considered as part of the owner's set-off.

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Categories: LitigationCivil ProcedureContracts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDamagesAttorneys' FeesSet-OffFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersMatthew H. Mandel
Author(s): Samuel I. Zeskind

Best Lawyers In America 2012 Include Several WSHPC&B Attorneys

We are thrilled to report that several WSHPC&B attorneys were selected as Best Lawyers in America for 2012 in their area of practice.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Mitchell A. BiermanEdward G. GuedesStephen J. HelfmanMichael S. PopokClifford A. SchulmanRichard Jay Weiss
Author(s): Brooke P. Dolara

Miami-Dade County Judge Rules Red-Light Camera Program Is Constitutional

Yesteday, Judge Steven Liefman ruled that the current programs operated by South Florida cities do not violate equal protection and that they are not unconstitutional.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Michael S. Popok

CGL Coverage for Construction Defects: What Triggers a Carrier's Obligation to Defend or Indemnify Its Insured

Insurance coverage for property damage is standard on most construction projects, from the General Contractor down to lowered-tiered subcontractors. All too often, damage caused from construction defects is hidden and not readily observable until long after a project has been completed. A common occurrence in Florida is slow, progressive water damage which is not discovered until it "manifests", usually when a building has deteriorated to the point where structural elements such as wood framing have become compromised and exterior finishes such as stucco have fallen off.

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Categories: LitigationConstruction Law
Tags: InsuranceCommercial General LiabilityConstruction Defects
Author(s): Gary L. Brown

Florida Supreme Court Won't Hear Appeal of Coral Gables Pick-Up Truck Ban

The Florida Supreme Court decided not to hear an appeal of the ruling from the Third District Court of Appeals upholding the constitutionality of the Coral Gables ordinance banning overnight pick-up trucks in the City.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinCoral GablesFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport Law
Author(s): Alexander L. Palenzuela-Mauri

Fourth District Tightens Requirements for Service by Publication

On August 17, 2011, Florida's Fourth District Court of Appeal, in Parker v. LaSalle Bank National Association, Case No. 4D10-482, articulated the requirements for an affidavit of diligent search that establishes "reasonable diligence" (i.e. justifying substitute service of a complaint).

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Categories: LitigationCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaService of ProcessService by PublicationFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMatthew H. Mandel
Author(s): Daniel A. Seigel

Broward Judge Rules Red Light Cameras Are Constitutional

On August 17, a Broward judge ruled that the red light cameras operating at various intersections throughout South Florida do not violate drivers' constitutional rights.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasRule EnforcementFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

WSHPC&B Files Amicus Curiae Brief On Behalf Of Florida League Of Cities In Significant Home Rule Case

Edward G. Guedes, Susan L. Trevarthen and Jamie A. Cole teamed together to prepare and file an amicus curiae brief on behalf of the Florida League of Cities at the Florida Supreme Court. The case pending before the Supreme Court – City of Palm Bay v. Wells Fargo Bank, N.A. – is one of the most important municipal law cases to come before the Court in the last decade.

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentFlorida Supreme CourtFlorida League of CitiesMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Edward G. Guedes

Palm Beach County Jury Finds That Municipality Did Not Selectively Enforce Its Building Code Nor Retaliate Against Home Owners

Recently, Daniel L. Abbott and Daniel A. Seigel successfully defended the Town of Manalapan in Palm Beach County and its elected officials in a jury trial brought by a home owner who attempted to build an oceanfront pool cabana without a permit.  After proving at trial that there were no "similarly situated" properties, no selective enforcement, and no retaliation by the Town or its officials, the jury returned a complete defense verdict.

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Categories: Land Use & Zoning (Public)LitigationLocal Government
Tags: Governmental LitigationMunicipal GovernmentRule EnforcementDaniel L. AbbottMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokDaniel A. SeigelJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Michael S. Popok

11th Circuit Holds Individual Mandate Portion of Health Care Law Unconstitutional

Today, the 11th Circuit Court of Appeals declared that a major component of the recently passed health care law is unconstitutional.

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Categories: LitigationAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Patient Protection and Affordable Care ActEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Appellate Court Finds County Commission Term Limits Are Constitutional

Yesterday, Florida's Fourth District Court of Appeal reversed a circuit court judgment holding that the Florida Constitution prohibited Broward County voters from amending the county charter to impose term limits upon its commissioners.  As a result, term limits for Broward County Commissioners are set to be in place. 

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Categories: LitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentJamie A. ColeMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFlorida ConstitutionFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

WSHPC&B Files Motion To Dismiss Class Action Regarding Broadway Show Pricing at Arsht Center

This afternoon, the firm filed a joint motion seeking dismissal of a putative federal class action alleging that a broadway show series presented at the Adrienne Arsht Center charged an undisclosed fee for its Broadway Elite subscriber series. The firm is local counsel for Key Brand Theatrical Group, Inc., who produces the Broadway Across America series nationwide. Click here for a copy of the motion.

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Categories: LitigationFederal CourtsClass Actions
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaUnjust EnrichmentFDUTPAFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation Lawyer
Author(s): Michael S. Popok & Eric P. Hockman

Litigation Holds: What Are They And When Do You Need One?

When someone files a lawsuit, or reasonably anticipates one, many courts hold that a duty arises at that time to preserve all information that might be relevant to the dispute. Particularly when a business or other organization is involved, compliance can be a challenge. Certain practices and habits, such as the regular deletion of electronic mail and other computer based data, even by individual employees, must be immediately stopped and compliance monitored.

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Categories: LitigationFederal Courts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDiscoveryEvidenceLitigation HoldsFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

Yankeetown Challenges Growth Management Reform

On August 1, Yankeetown asked a Leon County circuit court judge to declare HB 7207 unconstitutional.  The lawsuit was filed against the Department of Community Affairs, DCA Secretary Billy Buzzett and the Florida Cabinet, sitting as the Administration Commission. 

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationLocal Government
Tags: Florida Growth Management ActGovernmental LitigationMunicipal GovernmentChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Florida Supreme Court Reverses Third DCA Following In-Depth Discussion of Class Certification Standards

On July 7, 2011, the Florida Supreme Court reversed a decision by the Third District Court of Appeals reversing a trial court's class certification; in doing so, the Court also resolved a conflict created between the Third DCA and Fourth DCA concerning the proper standard of review on appeal. In Sosa v. Safeway Premium Fin. Co., 36 Fla. L. Weekly S373 (Fla. 2011), the Court held that because class certification involves factual findings, the correct standard of review is not a de novo analysis of the facts, but whether the trial court abused its discretion. Moreover, class certification should involve findings limited to the requirement for class certification and should not address the cause of action's merits.

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Categories: LitigationAppellate Law & Practice
Tags: Class CertificationFlorida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

Public Records and E-Mails: If It's Not the City's Business, It's Not Necessarily a Public Record

On July 20, 2011, Daniel L. Abbott and Jamie A. Cole won a significant case for City of Hallandale Beach in the Fourth District Court of Appeals concerning the scope of records accessible to the public. A citizen sued the City after he was denied access to a list of e-mail addresses containing the recipients of an e-mail sent by the Mayor. The Mayor sent the email, which contained three articles the Mayor submitted as a columnist to the South Florida Sun Times, from her personal e-mail address on her personal computer. The trial court found that the Mayor had no obligation under Florida law or local ordinance to notify her friends and supporters that the article had been published. The trial court also found that the City played no role in the Mayor's decision to send the e-mail. The court found that the e-mail therefore fell outside the scope of the public records and the petitioner was not entitled to the names and e-mail addresses of the people who received the e-mail in question.

 

 

 

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentDaniel L. AbbottMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Michael S. Popok To Discuss Red Light Cameras in Keynote Speech at Friday's MDCCMA Luncheon

This Friday, Michael S. Popok will discuss the topical and controversial red light cameras when he delivers the keynote speech at the Miami-Dade City and County Management Association (MDCCMA) Luncheon.  In his speech, Michael will share his knowledge about photo enforcement and related constitutional issues.  Michael has been interviewed extensively on these issues and quoted numerous times in various media outlets, including a recent article in the international publication Bloomberg News.  For more information about the event, read here.

 

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasMitchell A. BiermanJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation Attorney
Author(s): Brooke P. Dolara

Southern District of Florida Dismisses ILSA and Personal Fraud Claims Against Developer With Prejudice

Recently a pre-construction purchaser of a unit in a stalled condominium project in Sunny Isles, Florida asserted multiple claims in federal court against the project's developer and its employees. In addition to the standard breach of contract claim, the plaintiff also attempted to allege multiple violations of the Interstate Land Sales Act ("ILSA") and Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") as a class action on behalf of all other contracted unit-purchasers.

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Categories: LitigationCondominium Associations
Tags: Condos and HOAsJamie A. ColeEdward G. GuedesJoshua D. KrutMichael S. PopokILSAFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Michael S. Popok & Samuel I. Zeskind

Michael S. Popok Quoted by Bloomberg News Concerning Red Light Cameras

The discussion around red light cameras and photo enforcement isn't just heating up in the Sunshine State; it's gotten worldwide attention as well.  Bloomberg News reached out to Michael S. Popok for his thoughts on the red light cameras; you can read the article here.

 

 

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Condo Owner Files Bankruptcy...Collection Efforts End? Not Necessarily...

Most well-informed Florida condominium and homeowners' association boards know that the filing of a petition in bankruptcy court by a unit owner halts direct collection efforts. What most boards do not understand, however, is that the mere filing of a Chapter 7 or Chapter 11 petition does not discharge that debtor's post-bankruptcy filing obligations to the association – even when the debtor "surrenders" the property in the bankruptcy or otherwise moves out of the subject unit.

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Categories: LitigationCondominium AssociationsBankruptcy & Creditors’ RightsHomeowners' Associations
Tags: Automatic StayCollectionsChapter 7 BankruptcyChapter 11 BankruptcyCondos and HOAsJoshua D. KrutAleida Martinez MolinaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Aleida Martínez Molina

Welcome to Our Blog

Our new blog will feature the latest legal news, firm events and practice area updates to keep our clients informed and educated.  Check back often for recent developments.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLabor and EmploymentLitigationCondominium AssociationsBankruptcy & Creditors’ RightsGovernment AffairsLocal GovernmentHomeowners' AssociationsAirports and AviationAppellate Law & PracticeFederal LawAwards & RecognitionsLand Use & Zoning (Private)Federal CourtsClass ActionsConstitutional LawCivil ProcedureAffordable HousingLandlord-Tenant LawConstruction LawContractsEthics & Professional ResponsibilityEminent DomainTorts
Tags: Fort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy Attorneys