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

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

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

United Central Bank Borrower Declared a Fugitive

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

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

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

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

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

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

WSH Founding Member Joseph Serota Praises Joe's Stone Crab in DBR Article

Since its doors first opened in 1913, Joe’s Stone Crab has earned a reputation for being the ultimate power lunch destination. Regular patrons at Joe’s include high-powered attorneys, judges, lobbyists, business leaders, athletes and celebrities. WSH Founding Member Joseph H. Serota recently sat down with reporters from the Daily Business Review to explain the appeal of the esteemed eatery. Joe explained that the celebratory atmosphere and professional service make the restaurant an ideal spot for Friday lunches. “More than anything,” Joe noted, “it’s a great place to see people you know and do some reminiscing.”

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

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

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

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

WSH Named Top Law Firm by South Florida Legal Guide, Attorneys Also Recognized

We are proud to announce that the South Florida Legal Guide (“SFLG”) has named WSH among the Top Law Firms in this year’s edition of its annual publication. SFLG is a premier resource serving the tri-county legal community. Originally launched in 2000, SFLG provides a convenient, easily accessible print and online resource for the region’s professional community. In addition to WSH’s inclusion as a “Top Law Firm,” several of our Members and Partners were honored as 2013 “Top Lawyers” and “Top Up and Comers.”

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Categories: Awards & Recognitions
Tags: Mitchell A. BiermanNina L. BoniskeGary L. BrownJamie A. ColeIgnacio G. Del ValleEdward G. GuedesStephen J. HelfmanGilberto PastorizaClifford A. SchulmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMatthew H. MandelFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Real Estate LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Litigation AttorneyMiami Real Estate LawyerAbigail Watts-FitzGerald
Author(s): Brooke P. Dolara

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

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

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

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

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

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

WSH Selected as One of South Florida Business Journal's Best Places to Work in 2013

The South Florida Business Journal (“SFBJ”) has named WSH as one of the 2013 Best Places to Work for the fourth year in a row. Each year, the SFBJ surveys employees at numerous firms to determine which employers in South Florida foster a great workplace. WSH placed among the finalists for medium-sized (51-149 employees) firms. On February 21, the SFBJ will announce the rankings of all the named finalists at its celebratory awards luncheon in Fort Lauderdale. We are thrilled to be chosen by the SFBJ for this honor.

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Categories: Awards & Recognitions
Tags: Awards & RecognitionsJamie A. ColeStephen J. HelfmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale 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 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 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 AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

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

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

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