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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

Supreme Court Justices Hold Plaintiff’s Claim Moot in Collective Action Under FLSA, Dismissing Case

On April 16, the U.S. Supreme Court issued an opinion that may limit the availability of collective action suits under the Fair Labor Standards Act. By way of background, the Fair Labor Standards Act (“FLSA”) establishes federal minimum wage and overtime pay requirements that cannot be modified by contract. Section 16(b) of FLSA permits employees to bring a private cause of action on their own behalf and on behalf of “other employees similarly situated” for specific violations of the FLSA. A suit brought on behalf of other employees is known as a “collective action.” The issue before the Court was whether a collective action is justiciable when the lone plaintiff’s individual claim becomes moot.

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Categories: Labor and EmploymentLitigationFederal LawFederal CourtsClass ActionsCivil Procedure
Tags: Jamie 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 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
Author(s): Brett J. Schneider & Brooke P. Dolara

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

Supreme Court Rejects Class Certification In Comcast Lawsuit

On March 27, the Supreme Court ruled in favor of Comcast Corporation (“Comcast”) in an antitrust case brought by a group of its subscribers in the Philadelphia area on the basis of the group’s improper class certification. In Comcast Corporation v. Behrend, --- S. Ct. ----, 2013 WL 1222646 (U.S. Mar. 27, 2013). the Court held that issues of damages can preclude class certification, and that district courts must conduct a “rigorous analysis” of whether a group of plaintiffs satisfies the certification criteria under the Federal Rules of Civil Procedure, even if certain issues in the analysis are also addressed in the merits of the case. The decision provides companies with a substantial defense to class certification in antitrust cases.

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Categories: LitigationFederal LawFederal CourtsClass ActionsCivil ProcedureTortsAdministrative Law
Tags: Fort 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 AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

U.S. Supreme Court Holds Warrantless Search by Drug-Sniffing Dogs at Front Porch Constitutes Unreasonable Search

On March 26, the U.S. Supreme Court (the “Court”) held that the Miami-Dade law enforcement officers conducted a trespassory invasion when they used a drug-sniffing dog at the front door of a suspected marijuana dealer’s home without obtaining a search warrant, and that this invasion constituted an unreasonable search and a violation of the suspected dealer’s Fourth Amendment rights. The decision in Florida v. Jardines, --- S. Ct. ----, 2013 WL 1196577 (U.S. Mar. 26, 2013), will have an impact on how law enforcement agencies in Florida conduct K-9 searches.

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Categories: LitigationFederal LawFederal CourtsConstitutional LawCriminal Law
Tags: Florida Supreme CourtFort 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

Eleventh Circuit Affirms Dismissal of First Amendment Challenge Against North Bay Village

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)LitigationAppellate Law & PracticeFederal LawLand Use & Zoning (Private)Federal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenLaura K. WendellMatthew 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 LitigatorsFirst AmendmentEleventh Circuit Court of AppealsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Edward G. Guedes & Brooke P. Dolara

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

Eleventh Circuit Expands FLSA Protection for Undocumented Workers

On March 6, the Eleventh Circuit Court of Appeals issued an opinion that permits undocumented workers to recover back pay from their employers for violations of the Fair Labor Standards Act (“FLSA”). In Lamonica v. Safe Hurricane Shutters, Inc., --- F. 3d ----, 2013 WL 811906 (11th Cir. Mar. 6, 2013), the Eleventh Circuit upheld a District Court decision awarding unpaid wages and liquidated damages to former employees, including one worker who was not authorized to work in the United States, who alleged that they were owed overtime wages under the FLSA. This was not a case of first impression for the Eleventh Circuit; the Court had previously held that undocumented workers could state a cause of action under the FLSA in Patel v. Quality Inn S., 846 F. 2d 700 (11th Cir. 1988). However, Hurricane Shutters, Inc. argued that Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 122 S. Ct. 1275, 152 L. Ed. 271 (2002), a Supreme Court case which held that the National Labor Relations Board could not award back pay to undocumented workers who are terminated for union activity, effectively overruled Patel. The Eleventh Circuit disagreed, stating that the case was not controlling authority because it involved a different statute and different issues; whereas the employees in Hoffman alleged they were owed back pay for being deprived a job, the employees in Lamonica claimed they were owed back pay for work already performed.

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Categories: Labor and EmploymentLitigationFederal Law
Tags: Collective BargainingMiami 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 AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara