2 months ago
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.
Read the rest of this entry »
Categories: Litigation, Federal Law, Federal Courts, Class Actions, Civil Procedure, Torts, Administrative Law
Tags: Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Brooke P. Dolara
3 months ago
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.
Read the rest of this entry »
Categories: Litigation, Appellate Law & Practice, Torts
Tags: Florida Supreme Court, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Edward G. Guedes
6 months ago
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.
Read the rest of this entry »
Categories: Labor and Employment, Litigation, Torts
Tags: Public Employees, Public Employers, Governmental Litigation, Special Counsel to Local Government, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Litigation Attorney
Author(s): Matthew H. Mandel & Brooke P. Dolara
6 months ago
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.
Read the rest of this entry »
Categories: Litigation, Appellate Law & Practice, Torts
Tags: Public Employees, Public Employers, Governmental Litigation, Special Counsel to Local Government, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
7 months ago
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.
Read the rest of this entry »
Categories: Litigation, Civil Procedure, Torts
Tags: Jamie A. Cole, Edward G. Guedes, Eric P. Hockman, Michael S. Popok, Joseph H. Serota, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Eric P. Hockman
8 months ago
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.
Read the rest of this entry »
Categories: Litigation, Torts
Tags: Governmental Litigation, Florida Supreme Court, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Fort Lauderdale Litigators, Miami Litigators, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys
Author(s): Matthew H. Mandel
8 months ago
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.
Read the rest of this entry »
Categories: Litigation, Federal Law, Federal Courts, Torts
Tags: Market Share Liability, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Fort Lauderdale Litigators, Miami Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Construction Lawyer, Miami Commercial Litigation Attorney, Securities and Exchange Commission
Author(s): Brooke P. Dolara
10 months ago
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.
Read the rest of this entry »
Categories: Litigation, Appellate Law & Practice, Torts
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Edward G. Guedes
1 year ago
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.
Read the rest of this entry »
Categories: Litigation, Appellate Law & Practice, Civil Procedure, Torts
Tags: Florida Supreme Court, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Florida Legislature, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Miami Litigation Attorney, Negligence
Author(s): Brooke P. Dolara
1 year ago
On February 22, WSH Partners Matthew H. Mandel, Jamie 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.
Read the rest of this entry »
Categories: Litigation, Local Government, Torts
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Vicarious Liability, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Richard Jay Weiss, Laura K. Wendell, David M. Wolpin, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Litigation Attorneys, Miami Litigation Attorney, Negligence
Author(s): Matthew H. Mandel & Brooke P. Dolara
1 year ago
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.
Read the rest of this entry »
Categories: Litigation, Class Actions, Torts
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Damages, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Alternative Dispute Resolution, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Brooke P. Dolara
1 year ago
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.
Read the rest of this entry »
Categories: Litigation, Government Affairs, Federal Law, Federal Courts, Torts
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Timothy M. Ravich, Joseph H. Serota, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, United States Congress, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Timothy M. Ravich
1 year ago
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.
Read the rest of this entry »
Categories: Litigation, Contracts, Torts
Tags: Florida Supreme Court, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Timothy M. Ravich, Joseph H. Serota, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Timothy M. Ravich
1 year ago
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)!
Read the rest of this entry »
Categories: Litigation, Government Affairs, Local Government, Torts
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Brooke P. Dolara
2 years ago
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.
Read the rest of this entry »
Categories: Environmental/Sustainability, Litigation, Civil Procedure, Torts
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Clifford A. Schulman, Joseph H. Serota, Laura K. Wendell, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental Law Attorneys , South Florida Litigators
Author(s): Michelle Vos
2 years ago
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.
Read the rest of this entry »
Categories: Litigation, Torts
Tags: Jamie A. Cole, Edward G. Guedes, Eric P. Hockman, Michael S. Popok, Joseph H. Serota, Products Liability, Market Share Liability, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Matthew H. Mandel
Author(s): Eric P. Hockman
2 years ago
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.
Read the rest of this entry »
Categories: Land Use & Zoning (Public), Environmental/Sustainability, Labor and Employment, Litigation, Condominium Associations, Bankruptcy & Creditors’ Rights, Government Affairs, Local Government, Homeowners' Associations, Airports and Aviation, Appellate Law & Practice, Federal Law, Awards & Recognitions, Land Use & Zoning (Private), Federal Courts, Class Actions, Constitutional Law, Civil Procedure, Affordable Housing, Landlord-Tenant Law, Construction Law, Contracts, Ethics & Professional Responsibility, Eminent Domain, Torts
Tags: Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, South Florida Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Fort Lauderdale Eminent Domain Attorneys, Miami Eminent Domain Attorneys, Sourth Florida Eminent Domain Attorneys, Scope of the Project Rule, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys
