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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

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

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

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

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

Florida Supreme Court Upholds Mandatory 3% Contributions to Pension Plan by Public Employees

In a much anticipated ruling, the Florida Supreme Court ruled (4-3) against government employees by upholding a 2011 law requiring government employees in Florida to contribute 3% of their earnings to a state retirement fund (i.e., the Florida Retirement System (“FRS”)). The ruling reverses County Circuit Court Judge Jackie Fulford’s ruling that the pension changes were unconstitutional because they impaired the obligation of contracts, took private property without full compensation and impaired the right of government employees to bargain collectively.

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Categories: Labor and Employment
Tags: Public EmployeesPublic EmployersCollective BargainingGovernmental LitigationFlorida Supreme CourtRaquel ElejabarrietaBrett J. SchneiderFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor Lawyer
Author(s): Raquel Elejabarrieta

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

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 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 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

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

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 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

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

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

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

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

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

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 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 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

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

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

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

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

WSH Associate Estrellita Sibila Discussing Business On Popular Radio Talk Show

On February 23 at 5:00 p.m., WSH associate Estrellita S. Sibila will be speaking on the popular “Fried on Business” radio show. Estrellita will join Blue Cross & Blue Shield of Florida and the University of Miami U-Health Program to discuss developments in business in a segment entitled “Business Information for the Business Person from Business People.”

You can listen to “Fried on Business” on 880 the Biz on your A.M. radio dial.

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Categories: Awards & Recognitions
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaEstrellita S. SibilaRichard 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 LitigatorsSouth Florida Litigators
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

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

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

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

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

Applications to Move Miami-Dade Urban Boundary Line Could Help Give Understanding to State’s Authority over Land Use

The Miami-Dade County Commission recently approved two applications that could move the Urban Development Boundary (“UDB") and allow more development on previously sacrosanct property.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Florida Growth Management ActCommunity Planning ActGovernmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan 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 AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Urban Development Boundary
Author(s): Brooke P. Dolara

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

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

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

Robert Meyers, Former Executive Director of Miami-Dade Commission on Ethics and Public Trust, Named Of Counsel at WSH

This week, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. announced the addition of attorney Robert Meyers to our Municipal Government, Governmental Litigation and Special Counsel to Local Government Practice Areas. Robert will be Of Counsel to the firm, and will concentrate his practice on governmental ethics. Robert is the immediate past Executive Director of the Miami-Dade Commission on Ethics and Public Trust. During his thirteen year tenure as Director, he authored hundreds of ethical opinions tackling State, county and municipal ethics codes. Robert also assisted in the drafting of model ethics codes and amendments to existing ethics codes in Miami-Dade County and other local governments. Robert often publishes and lectures on topics of ethics and government leadership.

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Categories: Labor and EmploymentGovernment AffairsLocal GovernmentAwards & Recognitions
Tags: Governmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentFlorida League of CitiesFlorida City Government WeekAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokBrett J. SchneiderGail D. 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 LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysRobert Meyers
Author(s): Brooke P. Dolara

Despite Challenges, More Florida Local Governments Finalizing PACE Programs

As we discussed in our prior blog post, various local governments in South Florida are embracing Property Assessment Clean Energy (“PACE”) programs to make green-friendly improvements to existing properties. WSHPC&B associate Chad S. Friedman significantly contributed to the creation of Florida’s first PACE program, the Green Corridor, under which participating local governments provide financing to property owners making qualifying improvements (such as efficiency improvements) to their buildings. Recently, Chad shared his thoughts on the new PACE programs that local governments are embracing and the highly publicized legal battles PACE programs are fighting in federal courts. You can read a copy of the article here.

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Categories: Environmental/SustainabilityGovernment AffairsLocal GovernmentFederal LawAwards & RecognitionsFederal CourtsReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJonathan CohenJamie A. ColeJeffrey DeCarloIgnacio G. Del ValleChad S. FriedmanGilberto PastorizaClifford A. SchulmanRichard 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 AttorneysSouth 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 Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Brooke P. Dolara

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

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

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

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

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

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

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

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

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