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verdicts

Case:
Shawn Thomas  v. Defendant Store 
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Attorney(s):
Result:
Discrimination Claim - Final Summary Judgment
Summary:
Alec Masson Esq. obtained a final summary judgement in the United States District Court for the Northern District of Florida in matter styled Shawn Thomas  v. Defendant Store in favor of the Defendant Store. The Plaintiff, a member of a constitutionally protected minority class, worked as a contractor and had bought supplies at Defendant Store for years. But, he was ultimately trespassed after shortly after some alleged inappropriate behavior towards store employees. Plaintiff sought relief under 42 U.S.C. § 1981, asserting that his trespass was due to racial discrimination. The Defendant prevailed via summary judgment by establishing that the Plaintiff could not meet his burden of proof that race was a motivating factor for the Defendant’s trespass, and, by also conclusively establishing that there were nondiscriminatory reason for having the Plaintiff trespassed. Read more
Case:
Roscoe Bell and Nicol Bell v. Wesley Miedema
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Attorney(s):
Result:
Summary Judgment
Summary:
Junior Partner Brad Eubanks, Esq., successfully obtained summary judgment in the federal case styled Roscoe Bell and Nicol Bell v. Wesley Miedema, after successfully arguing that applying Florida’s choice of law rules, and specifically the significant relationship test, Plaintiffs’ claims were barred by the statute of limitations.  Read more
Case:
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Attorney(s):
Result:
Dismissal
Summary:

Orlando Managing Partner Anthony Merendino, Esq., obtained a dismissal in the matter styled Craig Brown, Pro Se Plaintiff, Plaintiff, v. Fidelity National Title Group et al. Plaintiff sued the Defendant, Town of Rockport, Maine, in the Middle District of Florida, alleging four (4) causes of action against the Defendant: (1) Violation of Constitutional Rights by Rockport per 42 U.S.C. §§ 1983, 1985; (2) Retaliation against a Crime Victim by Rockport under 18 U.S.C. § 1513 (18 U.S.C. § 1961); (3) Obstruction of Justice by Rockport under 18 U.S.C. § 1503 (18 U.S.C. § 1961); and (4) Extortion, Violation of the Hobbs Act under 18 U.S.C. § 1951.  Plaintiff’s claims arose out of an eighteen (18) year old property boundary line dispute between Plaintiff and his neighbor on Plaintiff’s real property located in Camden, Maine (the “Property”).  Specifically, Plaintiff alleged that his neighbor improperly erected a fence on Plaintiff’s adjacent Property, relying on a fraudulent survey in support.  Plaintiff further alleged he engaged in self-help to remove the fence and was “falsely” convicted of criminal mischief as a result. Plaintiff alleged a criminal/civil conspiracy involving the erection of the fence and the lot lines for his Property by all of the Defendants in this litigation.  In the instant case, the District Court Judge granted the Defendant Town Of Rockport, Maine’s Motion to Dismiss on the grounds that there was a lack of personal jurisdiction and that the court did not have subject matter jurisdiction under the Rooker-Feldman doctrine. Read more

Case:
Joe Mathis v. Det. Erick Quigley and Det. Justin Augustus
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Attorney(s):
Result:
Defense Verdict
Summary:

Fort Lauderdale Junior Partner Dorsey Miller received a defense verdict in Civil Rights matter styled Joe Mathis v. Det. Erick Quigley and Det. Justin Augustus.  Plaintiff claimed that he was beaten by two BSO Officers, Deputy Quigley and Deputy Augustus, resulting in a broken nose.  According to the BSO Event Report, Mr. Mathis was the subject of a “buy-bust” operation in Pompano Beach.  During that operation, an undercover officer brokered an illegal narcotics transaction with Plaintiff, after which BSO deputies moved in to arrest him. Plaintiff fled to a nearby apartment located at 1565 NW 14th Circle and locked the door behind him. After initially ignoring several verbal commands to open the door, he finally relented, at which point Deputies Quigley and Augustus entered the apartment and attempted to place him under arrest.  A scuffle ensued and Deputy Quigley attempted a knee strike to the Plaintiff’s abdomen to gain control over him, but wound up striking him in the face. Plaintiff then ceased resisting arrest and was taken into custody.  Plaintiff alleged a violation of his right to be free from excessive force under the Fourth Amendment. Defendants denied all allegations and claimed qualified immunity. After a 2-day jury trial, a directed verdict was granted in favor of Det. Augustus and a defense verdict was entered in favor of Det. Quigley after 10 minutes of deliberation. Read more

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

Todd Springer and Paul Jones obtained a defense verdict in a defamation case after a three-day Federal Court trial in Jacksonville in the matter styled Berman vs. Kafka.  Plaintiff claimed damage to her reputation and punitive damages from the statements in the amount of $4.5 million.  However, the jury found that the alleged libel per se statements were in fact substantially true and returned a verdict for the defendant. Read More

Case:
Practice Area:
Result:
Affirmed the Trial Court’s ruling.
Summary:

Orlando Associate Kate Kmiec and Tallahassee Junior Partner James Waczewski prevailed on an appeal in a 42 U.S.C. § 1983 Civil Rights action styled Fernando Luna v. University of Central Florida Board of Trustees, et. al, at the Eleventh Circuit Court of Appeal on April 23, 2014. Our clients, the University of Central Florida, UCF Police Chief Richard Beary, UCF Police Officer Gregory Larkin and UCF Police Officer Julie Wilk were sued for allegedly depriving the Plaintiff of his civil rights pursuant to a lawful arrest. The Plaintiff brought his claims as official capacity claims under 42 U.S.C. § 1983 in the Federal Court for the Middle District of Florida. Read More

Case:
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Attorney(s):
Result:
Defense Verdict
Summary:
Jury found in favor of the Defendant on all counts on January 21, 2010. Federal Insurance Company filed a lawsuit in Federal court (Southern District of Florida) against our client, Bonded Lightning Protection Systems, Inc. Plaintiff claimed that  the Defendant improperly installed a lightning protection system in a mansion known as "Casa Amado" in 2005 during significant, ongoing renovations. On July 21, 2007, Plaintiff claimed that lightning struck a lightning rod on the top of Casa Amado and failed to deflect the strike safely to ground, resulting in a fire. Plaintiff claimed that Defendant improperly installed a lightning protection system in violation of the National Fire Protection Association standards (NFPA 780). The Defendant claimed the lightning struck near the subject home and energized unbonded wiring in the basement of the home and that the lightning protection system was properly installed. Plaintiff claimed that the damages that resulted from the fire cost in excess of $9.3 million to repair and/or rebuild. Plaintiff asserted causes of action for negligence , breach of contract, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose , and strict products liability. Read More
Case:
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Result:
Favorable Result
Summary:

The Plaintiff sued CSX Transportation pursuant to the Federal Employers Liability Act (F.E.L.A.) for failing to provide a safe place to work. Paul Jones and Todd Springer obtained good results when the jury found Plaintiff 70% comparatively negligent for his injuries resulting in a total award of only $3,600 (i.e., $12,000 awarded). On September 4, 1999, the Plaintiff mounted a van at Baldwin Yard to be taken to the Yard office after finishing his shift as a brakeman. The Plaintiff alleged that before he was seated in the rear of the van and before he was able to put on his seatbelt, the driver of the van drove away at an excessive speed hitting a pothole in the dirt road causing him to strike his head against the roof of the van. Plaintiff testified that he immediately felt pain in his neck and reported the injury to his supervisor at CSX.  Read More

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:
This case involved a lawsuit alleging Whistleblower violations and violations of the U.S Constitution and USC 1983. Plaintiff sought relief under theories of breach of contract, declaratory relief, whistle blower protection pursuant to the Florida Statutes and denial of free speech pursuant to 42. U.S.C. 1983. Defendant moved for summary judgment which was granted as to Plaintiff's claim for breach of contract and declaratory relief. The jury returned a verdict for the Defense. The Court has denied Plaintiff's Motion for New Trial and Defendant's Motion for Attorney's Fees and Costs is pending. Read More