2 weeks ago
On June 4, President Obama announced the nominations of three people to the Court of Appeals for the District of Columbia Circuit. The nominees are U.S. District Judge Robert Leon Wilkins, Georgetown Law Professor Cornelia T.L. Pillard, and attorney Patricia Ann Millett, a Partner at Akin Gump Hauer & Feld, LLP. The announcement was the first time the President held an event to announce nominees to the federal bench other than the Supreme Court. The announcement also comes one month after the U.S. Senate unanimously approved Deputy Solicitor General Sri Srinivasan’s nomination to the same court.
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Categories: Litigation, Appellate Law & Practice, Federal Courts, Constitutional Law
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
2 months ago
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: Litigation, Local Government, Appellate Law & Practice
Tags: Governmental Litigation, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Eric P. Hockman, Michael S. Popok, Joseph H. Serota, Richard Jay Weiss, Laura K. Wendell, David M. Wolpin, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Eric P. Hockman
3 months ago
On March 22, WSH obtained a favorable ruling for North Bay Village before the Eleventh Circuit Court of Appeals. The Eleventh Circuit refused to overturn the dismissal of a lawsuit challenging North Bay Village’s adult entertainment use regulations. Partner Edward G. Guedes, Chair of WSH’s Appellate Practice Group, handled the appeal for the City.
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Categories: Land Use & Zoning (Public), Litigation, Appellate Law & Practice, Federal Law, Land Use & Zoning (Private), Federal Courts, Constitutional Law
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Susan L. Trevarthen, Laura K. Wendell, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, First Amendment, Eleventh Circuit Court of Appeals, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Edward G. Guedes & Brooke P. Dolara
4 months ago
On February 14, 2013, the Florida Supreme Court handed down its decision in Delmonico v. Traynor, which was somewhat less than a Valentine’s Day card to lawyers around the State of Florida. Historically, a lawyer engaged in litigation and pre-litigation investigation of matters has enjoyed an absolute privilege that protects him or her from being sued in tort for comments made or conduct engaged in while handling the litigation on behalf of a client. Yesterday, the Florida Supreme Court articulated a new rule, concluding that when a lawyer is investigating a matter in litigation, but engages in ex parte communications with a non-party witness, comments made to that witness that result in harm to one of the parties are actionable in tort. The lawyer may not invoke an absolute privilege, but rather only a qualified privilege, provided the comments were related to the substance of the litigation.
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Categories: Litigation, Appellate Law & Practice, Torts
Tags: Florida Supreme Court, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Edward G. Guedes
6 months ago
On December 19, the Fourth District Court of Appeal (the “Court”) determined that a request for attorneys’ fees in an original appellate proceeding must be included in a party’s petition, response or reply, or it will be considered untimely.
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Categories: Litigation, Appellate Law & Practice
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney
Author(s): Edward G. Guedes
6 months ago
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: Litigation, Local Government, Constitutional Law
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Florida Supreme Court, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Richard Jay Weiss, Laura K. Wendell, James E. White, David M. Wolpin, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): James E. White
7 months ago
On November 15, the Florida Supreme Court (the “Court”) unanimously ruled in Keck v. Eminisor, 2012 WL 5516053 (Fla. Nov. 15, 2012) that public employees do not have to wait until lawsuits are resolved to appeal non-final orders denying summary judgment based on claims of sovereign immunity.
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Categories: Litigation, Appellate Law & Practice, Torts
Tags: Public Employees, Public Employers, Governmental Litigation, Special Counsel to Local Government, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
10 months ago
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: Litigation, Government Affairs, Local Government, Constitutional Law
Tags: Governmental Litigation, Municipal Government, Red Light Cameras, Rule Enforcement, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Richard Jay Weiss, Laura K. Wendell, David M. Wolpin, Florida Constitution, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Florida Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
11 months ago
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: Litigation, Appellate Law & Practice, Federal Courts, Constitutional Law
Tags: Governmental Litigation, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Florida Legislature, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Eleventh Circuit Court of Appeals, United States Congress, Florida Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
11 months ago
Florida’s Fourth District Court of Appeal today granted a petition for writ of certiorari filed by Publix Super Markets, Inc., and quashed a trial court order that had required the supermarket chain to turn over privileged work product documents prepared by its risk management team in connection with a premises liability incident. WSH's Appellate Practice Group members Edward G. Guedes and Laura K. Wendell, represented Publix and took the unusual approach of asking the appellate court to engage in an in camera inspection of the privileged documents, since the documents represented evidence available to establish the applicability of the privilege. In adopting the appellate team’s argument, the Fourth District adopted a very favorable view of the privilege in premises liability cases, highlighting the practical realities that retailers face when these incidents occur on their premises.
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Categories: Litigation, Appellate Law & Practice, Torts
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Edward G. Guedes
11 months ago
The Fourth District Court of Appeal (“DCA”) recently reversed a lower court’s denial of the defendant’s motion for summary judgment even though the case subsequently went to trial and the plaintiff obtained a favorable judgment. In overturning the trial court’s decision, the Court held that where the material facts are not disputed and the denial of summary judgment is based on the resolution of a purely legal question, a decision is appealable after final judgment.
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Categories: Litigation, Appellate Law & Practice, Civil Procedure
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Brooke P. Dolara
11 months ago
This Wednesday, WSH will hold a reception honoring Partner Laura K. Wendell, who was recently sworn in as the President of the Florida Association for Women Lawyers (“FAWL”) for the 2012-2013 year. The reception will be held at six o’clock at our Coral Gables office, located at 2525 Ponce de Leon Boulevard.
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Categories: Awards & Recognitions
Tags: Awards & Recognitions, Laura K. Wendell
Author(s): Brooke P. Dolara
11 months ago
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: Litigation, Government Affairs, Local Government, Appellate Law & Practice, Federal Law
Tags: Governmental Litigation, Special Counsel to Local Government, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Richard Jay Weiss, Laura K. Wendell, David M. Wolpin, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Edward G. Guedes
12 months ago
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: Litigation, Appellate Law & Practice, Federal Courts, Constitutional Law
Tags: Governmental Litigation, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Patient Protection and Affordable Care Act, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Eleventh Circuit Court of Appeals, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Brooke P. Dolara
12 months ago
This summer, WSH Partner Laura K. Wendell was sworn in as the President of the Florida Association of Women Lawyers (“FAWL”) for the 2012-2013 year. In honor of Laura’s installation, WSH is hosting a reception at its Coral Gables office on July 18 from 6 to 8 p.m.
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Categories: Awards & Recognitions
Tags: Awards & Recognitions, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Brooke P. Dolara
1 year ago
The Florida Supreme Court has recently accepted jurisdiction in Ulloa v. CMI, Inc. to resolve a conflict between the Fifth District Court of Appeal and Second District Court of Appeal in CMI, Inc. v. Landrum. In both cases, our appellate practice chair, Edward G. Guedes, represented CMI. The issue to be reviewed by the Florida Supreme Court relates to the ability of state courts to subpoena documents from an out-of-state corporate witness that happens to do business in the state, but otherwise has no documents, employees or offices in the state.
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Categories: Litigation, Appellate Law & Practice, Civil Procedure
Tags: Florida Supreme Court, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney
Author(s): Edward G. Guedes
1 year ago
WSH Member Mitchell A. Bierman and Partner-in-Charge of the Miami-Dade office Michael S. Popok will be representing our firm at the 2012 Law Firm Alliance Spring meeting in Vancouver, British Columbia from April 26 through 28. The meeting will focus on interactive management, social media, and law firm marketing. The meeting will focus on interactive management, social media, and law firm marketing. The Law Firm Alliance is a loose affiliation of law firms created to provide a vehicle to obtain competent and responsive legal services. LFA members are mid-size firms with a relatively narrow geographic scope. All are highly regarded commercial firms offering a variety of corporate and litigation services, and each U.S. based LFA member has received the highly-coveted preeminent AV-peer review rating from LexisNexis Martindale-Hubbell. Membership in the LFA is by invitation only. WSH is the sole member firm representing the South Florida region.
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Categories: Litigation, Corporate Law
Tags: Mitchell A. Bierman, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Gail D. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Miami Aviation Attorneys, South Florida Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Commercial Litigation Attorney, Miami Litigation Attorney, Abigail Watts-FitzGerald
Author(s): Brooke P. Dolara
1 year ago
On March 15, the Florida Supreme Court held that a plaintiff suing defendants who reside in different counties is not limited by the “joint residency rule” and can sue in the county of his or her choice.
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Categories: Litigation, Appellate Law & Practice, Civil Procedure, Torts
Tags: Florida Supreme Court, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Florida Legislature, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Miami Litigation Attorney, Negligence
Author(s): Brooke P. Dolara
1 year ago
On 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: Litigation, Government Affairs, Appellate Law & Practice, Federal Law, Federal Courts, Constitutional Law
Tags: Governmental Litigation, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Patient Protection and Affordable Care Act, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, Fort Lauderdale Environmental Law Attorneys, South Florida Litigators, Eleventh Circuit Court of Appeals, United States Congress, United States Senate, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
1 year ago
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: Litigation, Government Affairs, Appellate Law & Practice, Federal Law, Federal Courts, Constitutional Law
Tags: Governmental Litigation, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Patient Protection and Affordable Care Act, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Eleventh Circuit Court of Appeals, United States Congress, United States Senate, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
1 year ago
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: Litigation, Government Affairs, Appellate Law & Practice, Federal Law, Federal Courts, Constitutional Law
Tags: Governmental Litigation, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Patient Protection and Affordable Care Act, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Eleventh Circuit Court of Appeals, United States Congress, United States Senate, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
1 year ago
On February 22, WSH Partners Matthew H. Mandel, Jamie A. Cole and Laura K. Wendell obtained a favorable en banc decision on behalf of the City of Boca Raton in a wrongful death action from the Fourth District Court of Appeal. The issue in the appeal was whether the police, after releasing an impaired person from their custody, owed a duty of care to that person. Holding that the police did not owe a duty of care, the entire panel of judges from Court reversed an earlier decision by 3 of its judges and affirmed the trial court’s dismissal of the plaintiff’s complaint.
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Categories: Litigation, Local Government, Torts
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Vicarious Liability, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Richard Jay Weiss, Laura K. Wendell, David M. Wolpin, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Litigation Attorneys, Miami Litigation Attorney, Negligence
Author(s): Matthew H. Mandel & Brooke P. Dolara
1 year ago
On January 23, the Daily Business Review released the names of the 25 most diverse law firms in South Florida. This year, WSH was named the 10th most diverse firm, coming ahead of large law firms such as Greenberg Traurig, Akerman Senterfitt, and Becker & Poliakoff.
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Categories: Awards & Recognitions
Tags: Awards & Recognitions, Daniel L. Abbott, Lillian M. Arango, Sara E. Aulisio, Mitchell A. Bierman, Nina L. Boniske, Gary L. Brown, Mitchell J. Burnstein, Jonathan Cohen, Jamie A. Cole, Jeffrey DeCarlo, Ignacio G. Del Valle, Brooke P. Dolara, Raquel Elejabarrieta, Chad S. Friedman, Alan L. Gabriel, Douglas R. Gonzales, Edward G. Guedes, Stephen J. Helfman, Eric P. Hockman, Harlene Silvern Kennedy, Joshua D. Krut, Kathryn M. Mehaffey, Aleida Martinez Molina, Alexander L. Palenzuela-Mauri, Gilberto Pastoriza, Matthew J. Pearl, Michael S. Popok, Timothy M. Ravich, Anthony L. Recio, Amy J. Santiago, Brett J. Schneider, Clifford A. Schulman, Daniel A. Seigel, Gail D. Serota, Joseph H. Serota, Jonathan C. Shamres, Estrellita S. Sibila, Alison F. Smith, Anthony C. Soroka, Eduardo M. Soto, Joanna D. Thomson, Susan L. Trevarthen, Peter D. Waldman, Richard Jay Weiss, Laura K. Wendell, James E. White, David M. Wolpin, Samuel I. Zeskind, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, South Florida Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Matthew H. Mandel, Fort Lauderdale Eminent Domain Attorneys, Miami Eminent Domain Attorneys, Sourth Florida Eminent Domain Attorneys, Scope of the Project Rule, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental Law Attorneys , South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Robert Meyers, Adrian J. Alvarez, Alternative Dispute Resolution, Johanna M. Lundgren, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Employment Attorneys, Florida Environmental Law, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Construction Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Real Estate Lawyer, Fort Lauderdale Tax Attorney, Miami Construction Lawyer, Miami Commercial Litigation Attorney, Miami Eminent Domain Attorney, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, Miami Real Estate Lawyer, South Florida Employment Lawyers
Author(s): Brooke P. Dolara
1 year ago
On Wednesday, the United States Supreme Court ruled in Maples v. Thomas that a death row inmate in Alabama must be given another chance to file an appeal after his attorneys abandoned their representation of the defendant, failing to notify the court of their departure and consequently missing the filing deadline for an important appeal.
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Categories: Litigation, Appellate Law & Practice, Federal Law, Federal Courts, Constitutional Law, Civil Procedure, Criminal Law
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Eleventh Circuit Court of Appeals, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
1 year ago
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: Litigation, Government Affairs, Appellate Law & Practice, Federal Law, Constitutional Law
Tags: Governmental Litigation, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Patient Protection and Affordable Care Act, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Eleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara
2 years ago
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: Litigation, Government Affairs, Local Government, Constitutional Law
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Red Light Cameras, Rule Enforcement, Preemption, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Richard Jay Weiss, Laura K. Wendell, David M. Wolpin, Florida Legislature, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators
Author(s): Michael S. Popok
2 years ago
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), Litigation, Government Affairs, Local Government
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Richard Jay Weiss, Laura K. Wendell, David M. Wolpin, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators
Author(s): Brooke P. Dolara
2 years ago
The American Bar Association ("ABA") has secretly dismissed a significant number of President Barack Obama’s potential federal judicial nominees as “not qualified.” The ABA’s judicial vetting committee disapproved of 14 out of the 185 potential nominees the administration asked it to evaluate, exceeding the total number opposed by the ABA during the administrations of both Presidents Bill Clinton and George W. Bush.
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Categories: Litigation, Appellate Law & Practice, Federal Courts, Constitutional Law
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators
Author(s): Brooke P. Dolara
2 years ago
On November 12, HistoryMiami’s 11th Judicial Circuit Historical Society awarded two Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. attorneys with Legal Legends Awards.
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Categories: Litigation, Appellate Law & Practice, Awards & Recognitions
Tags: Awards & Recognitions, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Eleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara
2 years ago
On November 14, the Supreme Court agreed to hear a challenge to the Patient Protection and Affordable Care Act, the 2010 healthcare overhaul law.
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Categories: Litigation, Appellate Law & Practice, Federal Law, Federal Courts, Constitutional Law
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Patient Protection and Affordable Care Act, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators
Author(s): Brooke P. Dolara
2 years ago
Every lawyer who has ever worked with experts knows the rule: everything is discoverable. Except in federal court.
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Categories: Litigation, Federal Courts, Civil Procedure
Tags: Jamie A. Cole, Edward G. Guedes, Eric P. Hockman, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Discovery, Evidence, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators
Author(s): Eric P. Hockman
2 years ago
On September 28, the Third District Court of Appeal in Florida reversed a trial court’s decision to grant a new trial to a plaintiff corporation seeking indemnification for “repugnant environmental violations” after a jury rendered a verdict for the defendant landowners. In Harris v. Grunow, ______ So. 3d ________, 2011 WL 4467379 (Fla. 3d DCA 2011), the Third District held that the plaintiffs failed to show that defendants introduced improper statements, and that a new trial was unwarranted.
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Categories: Environmental/Sustainability, Litigation, Civil Procedure, Torts
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Clifford A. Schulman, Joseph H. Serota, Laura K. Wendell, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental Law Attorneys , South Florida Litigators
Author(s): Michelle Vos
2 years ago
On September 7, WSHPC&B Partner Edward G. Guedes scored a major appellate victory in the Eleventh Circuit Court of Appeals on behalf of purchasers of condominium units asserting federal and state claims against a developer. With contributions from Partner Laura K. Wendell, Ed successfully argued that the developer was not entitled to certain exemptions from disclosure requirements where the developer structured transactions for the sole purpose of evading those disclosure requirements.
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Categories: Litigation, Condominium Associations, Appellate Law & Practice, Land Use & Zoning (Private), Contracts
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, ILSA, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, Matthew H. Mandel
Author(s): Brooke P. Dolara
2 years ago
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: Litigation, Government Affairs, Local Government, Constitutional Law
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Red Light Cameras, Rule Enforcement, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel
Author(s): Michael S. Popok
