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Supreme Court Says Constitutional Protection Against Excessive Fines Applies to State Actions

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Categories: Appellate Law & Practice
Tags: Miami Appellate Law Attorneys

Ed Guedes Hosts Florida Supreme Court Historical Society Annual Gala

On Thursday February 7, 2019, Firm Member, Ed Guedes, who serves as President of the Florida Supreme Court Historical Society, hosted the Society’s Annual Gala Dinner, “A Supreme Evening,” in Tallahassee, Florida.  More than 500 people attended the dinner, including Governor Ron DeSantis, whom Mr. Guedes had the pleasure of introducing at the dinner.  In addition to the Governor, all the Florida Supreme Court Justices attended, as did many trial and appellate judges from around the state.  Mr. Guedes is pictured giving his introductory remarks to the audience. Also in attendance were firm attorneys, Richard Rosengarten and Eric Kay, who are pictured with Mr. Guedes and the evening’s keynote speaker, former U.S. Solicitor General Ted Olson.

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Categories: Community Outreach
Tags: Miami Appellate Law AttorneysEvent

Three New Attorneys Join Weiss Serota Helfman Cole & Bierman

Weiss Serota Helfman Cole & Bierman is pleased to announce that three new attorneys have joined the firm as associates: Richard Rosengarten, who served as law clerk to the Honorable James Lawrence King of the United States District Court, Southern District of Florida; Eric Kay, who served as law clerk to Judge D. Michael Fisher of the United States Court of Appeals for the Third Circuit in Pittsburgh, Pennsylvania, and then as law clerk to Judge James I. Cohn of the United States District Court, Southern District of Florida; and Chanae Wood, who interned for the Honorable Marcia G. Cooke of the United States District Court, Southern District of Florida.  Richard and Eric are both part of the Litigation Division and Appellate Practice Group, focusing on municipal and commercial litigation and appeals. Chanae is working with the firm’s Public Land Use Practice Group.

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Categories: Community Outreach
Tags: Fort Lauderdale Local Government LawMiami Appellate Law Attorneys

Laura Wendell & Eric Stettin Secure Significant Workers Comp Win from First District Court of Appeal

Laura Wendell, as lead appellate counsel, along with Eric Stettin, secured from the First District Court of Appeal a significant workers compensation win.  Last week, the Court denied rehearing, certification and rehearing en banc on its decision which reversed a final compensation order on behalf of the City of Homestead.  The claimant had relied on the statutory presumption of compensability under the Heart-Lung Bill, by which a law enforcement officer whose medical condition is caused by heart disease is entitled to a presumption that his condition is compensable, provided that the officer successfully underwent a physical upon entry into his position as a law enforcement officer. The Court clarified unsettled law in rejecting the argument that the City had waived the statutory prerequisite and that a twenty-one month old physical examination sufficed.  Here is a link to the opinion-https://bit.ly/2L1djgy

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Categories: Appellate Law & Practice
Tags: Miami Appellate Law Attorneys

Appellate Groups Wins Election Law Appeal on Issue of First Impression

The litigation team of Matt Mandel, John Quick and Ed Guedes scored a significant victory on behalf of Bal Harbour Village in a lawsuit and appeal raising significant election law issues.  A group of Village residents who sought to amend the Village Charter by referendum submitted two proposals to the Village Clerk with what purported to be the requisite number of signatures of registered voters.  One referendum sought to impose a super-majority requirement on public votes to approve the sale of any Village-owned lands, while the other sought to impose the requirement of a public vote on certain commercial development approvals, thus taking the approval process largely out of the hands of the Village Council.  Both petitions arose from a proposed expansion of the Bal Harbour Shops.  The Village Clerk declined to forward the petitions to the County Supervisor of Elections, contending that the Village’s requirements for a proper petition had not been met; and the residents filed suit under section 166.031, Florida Statutes, seeking mandamus, declaratory and injunctive relief.

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Categories: Appellate Law & Practice
Tags: Fort Lauderdale Appellate Law AttorneysMiami Appellate Law Attorneys

Firm Defends Red Light Camera Programs Statewide At Florida Supreme Court

On Wednesday, February 7, 2018, the Florida Supreme Court heard oral argument in Jimenez v. City of Aventura, an appeal raising broad constitutional challenges to the red light camera program of Firm client, the City of Aventura. Firm Member and chair of the Appellate Practice Group, Edward Guedes, and firm partner, Samuel Zeskind, had teamed up to obtain a very favorable decision for the City from Florida’s Third District Court of Appeal, having convinced the intermediate appellate court to depart from an existing precedent from a sister district court of appeal. When the ticketed defendant sought review at the Florida Supreme Court, the court accepted jurisdiction.

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Categories: Appellate Law & Practice
Tags: Miami Appellate Law Attorneys

Laura Wendell Speaks at Third District Court of Appeals Fall Seminar & Reception

Appellate Partner Laura Wendell spoke at the Third District Court of Appeals Fall Seminar & Reception on September 23.

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Categories: Community Outreach
Tags: Miami Appellate Law Attorneys

WSH Earns Significant Appellate Victory Establishing Legality of City's Red Light Camera Program

Edward Guedes (Chair of the Firm’s Appellate Practice group and lead appellate attorney for the City of Aventura in this case), Matthew Mandel, Samuel Zeskind, and Adam Schwartzbaum all ­­­­­­­­­­­­­obtained a significant appellate victory in the Third District Court of Appeal, which held that the City of Aventura’s Red Light Camera program is legal.

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Categories: Appellate Law & Practice
Tags: Miami Appellate Law Attorneys

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

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

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

WSH Labor & Employment Attorneys Win Appeal For City of Lauderhill

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

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