Verdicts by Practice Area: Commercial Litigation
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
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
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
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
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