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General
Tort
Aviation
Litigation (view
Aviation Experience Map)
Commercial
Litigation
Appellate
Practice
Matrimonial
Litigation
Criminal
Litigation
General Tort Practice
Concentrating in Automobile Negligence, Product Liability and
Medical Malpractice Litigation
Since
its inception, the foundation of the firm's trial practice has
been general tort law. Our experience runs the gamut of such cases,
from automobile liability to complex products liability, to business-related
torts. Literally thousands of general negligence and product liability
cases of all sorts have been prepared, negotiated, and either
settled or tried by the members of this firm. An abbreviated listing
of the types of cases handled would include all types of general
negligence cases (from automobile and slip and fall accidents
to boating and diving accidents), product liability cases (involving
cranes, automobiles, rollover and tire tread separation, trenchers,
food-processing equipment, marine engines, hand-tools and ladders,
to name a few) and complex medical, legal, accounting, architectural
and engineering malpractice claims.
Aviation
Litigation (view
Aviation Experience Map)
A major emphasis within the firm's general tort practice is aviation
litigation. The firm is recognized as one of the premier plaintiffs'
aviation law firms in the nation. We believe that the firm has
handled more plaintiffs' aviation cases than any other firm in
the southeastern United States. The firm has represented multiple
victims of over 25 major air disasters in the past thirty-five years.
In addition, the firm has handled in excess of 100 small or light
plane crashes involving private, non-commercial airplanes.
Members
of this firm have chaired the Aviation and Space Committee of
the Tort & Insurance Practice Section of the American Bar Association;
the Aviation Committee of the Association of Trial Lawyers of
America; the Aviation Committee of The Florida Bar; and the Aviation
Advisory Committee of the Association of Trial Lawyers of America.
We have been guest lecturers at more than 100 aviation law seminars,
including the American Bar Association's National Institutes on
Aviation and Lloyds of London's international meetings; at Florida
Bar, the Florida Justice Association, and American Association for Justice seminars. Firm members have been court appointed
as lead counsel in federal aviation multidistrict litigation proceedings;
and have successfully tried or settled numerous aviation accident
cases. Two of our partners are licensed pilots. One served as
a naval aviator in the United States Navy from 1965 to 1971, and
flew 150 combat missions in Southeast Asia in carrier-based A-7
aircraft. He also worked as an aircraft systems safety engineer
and accident investigator for the Vought Aeronautics Division
of LTV Aerospace Corporation between his service in the Navy and
attendance at law school.
This
firm is proud to have played a prominent role in the development
of aviation jurisprudence over the past thirty-five years. It has
acquired in this context specialized expertise on such complex
questions as jurisdiction, venue, forum non conveniens, and choice
of law. Members of this firm have appeared before every local
federal and state court, the Eleventh Circuit Court of Appeals,
the Florida and U.S. Supreme Courts, the Panel on Multi-District
Litigation and the U.S. Congress on behalf of aviation plaintiffs.
Commercial
Litigation
Nearly fifty percent of this firm's trial and appellate litigation
involves the resolution of corporate and commercial disputes.
Our practice varies from the most complex commercial cases to
simple contract disputes. The firm's commercial clientele includes
Fortune 500 companies, small and middle-sized companies, and private
individuals. Regular litigation clients include Flagler Development Group,
Codina Development Inc.,and Florida
East Coast Properties, Inc.
The
firm handles commercial cases under both hourly and contingency
arrangements. We employ experienced paralegal and support staff
to assist the lawyers in order to ensure cost efficient handling
of these cases. In addition, the firm has developed and implemented
an advanced, computerized litigation support system to deal with
the voluminous documents usually associated with complex commercial
litigation.
A
sampling of major commercial cases handled during the past five
years includes:
- defense
before the United States Supreme Court (and in intermediate
trial and appellate courts) of a challenge to the personal jurisdiction
conferred under a standard franchise agreement utilized nationwide
by a Fortune 500 company;
- a
multi-million dollar punitive and compensatory damage award
obtained for a local banking client against a corporate banking
customer engaged in fraudulent wire transfers;
- the
successful representation of several major investors in a proxy
battle for control of a large locally-based banking institution;
- a
multi-million dollar verdict, including punitive and compensatory
damages, obtained for an independent insurance agent whose exclusive
agency relationship was wrongfully terminated by a major insurance
provider;
- prosecution
of securities and racketeering claims by a group of minority
shareholders against entrenched management in a local savings
and loan;
- defense
of employee wrongful discharge, Title VII and ADEA claims for
a major local developer;
- defense
of several Big Six Accounting firms in accounting malpractice
cases.
- defense
of a high media profile tortious interference claim involving
well known boxing promoters and a world champion boxer.
In
addition to the areas mentioned, our commercial practice includes
securities litigation; business torts; trademark and patent infringement;
employment law; lender liability; attorney and accountant malpractice;
and director and officer liability.
Appellate
Practice
Two of our partners--Joel Eaton and Stephen F. Rosenthal--devote their practices exclusively to appellate litigation and complex trial-level motions, handling all in-house matters and referrals from attorneys and clients all over the United States. They practice primarily in the United States Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and the intermediate Florida District Courts of Appeal, but they also handle appellate litigation elsewhere in the United States. Mr. Eaton has also argued several cases in the United States Supreme Court. Their practice mirrors the substantive diversity of the firm as a whole, and includes plaintiffs' personal-injury, medical malpractice, and wrongful-death cases, including aviation-related matters and commercial matters of all types.
Matrimonial
Litigation
For many years the firm has represented clients in the field of
matrimonial litigation. In attaining substantial experience in
this field of law, the firm has engaged in the preparation of
pre-nuptial agreements, and in litigation involving marital dissolution,
child custody and property settlement agreements. Further, the
firm has had substantial experience in litigation involving post-dissolution
of marriage proceedings pertaining to modifications. The firm's
appellate attorneys have represented the firm's matrimonial clients
and the matrimonial clients of other attorneys throughout the
State of Florida in the various state appellate courts.
White Collar Criminal
Investigation and Litigation
The firm has a special interest and concentration in the areas
of white collar crime and commercial fraud. The focus of the practice
is the representation of individuals, corporate executives and
corporations, in both Florida and federal proceedings, ranging
from grand jury investigations to criminal prosecutions and appeals.
The firm has handled litigation involving environmental matters,
bank fraud, political contribution, tax fraud, mail and wire fraud, RICO violations, securities
fraud, anti-trust price fixing, bar grievances, official corruption,
and various other economic crimes. The firm has also handled quasi-criminal
forfeitures and seizures of assets.
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