Verdicts & Settlements
Podhurst Orseck has a track record of successful verdicts and settlements in landmark cases across the country. Below is a sample of significant outcomes.
Podhurst Orseck Secures $10.6M Settlement in Cycling Accident
When noted scientist and financial analyst was hit by a car during an August bicycle ride in Boca Raton, Podhurst Orseck attorneys promised his wife they would do their best to get the case behind them by the holidays.
N.F.L. Concussion Settlement Is Given Final Approval
The New York Times – April 22
A federal district court judge on Wednesday gave her final approval to the settlement brought by more than 5,000 former players who accused the N.F.L. of hiding from them the dangers of concussions, a major hurdle in ending one of the most contentious legal battles in league history. The settlement is designed to provide payments of up to $5 million to players who have one of a handful of severe neurological disorders, medical monitoring of all players to determine when or if they may qualify for a payment and $10 million for education about concussions.
Court approves $2.5 million
Court approves $2.5 million in a class action on behalf of Florida customers of TBC Retail Group, Inc. (“Tire Kingdom”) in a case in which Stephen F. Rosenthal obtained a victory on class certification in the Florida Supreme Court. A claims website (www.shopfeeclassaction.com) was established for class members to request a financial benefit by September 4, 2014. A copy of the Final Approval Order and Judgment can be seen here. Attorney: Stephen F. Rosenthal
Federal judge strikes down Florida’s gay marriage ban, stays ruling
August, 2014 – (Reuters) – A federal judge in north Florida on Thursday struck down the state’s gay marriageban as unconstitutional, but stayed the ruling, leaving same sex couples still unable to marry in the state
Fla. Federal Judge Strikes Down Gay Marriage Ban
August, 2014 – Law360, Miami (August 21, 2014) — A Florida federal judge on Thursday became the fifth judge in the state to declare Florida’s ban on same-sex marriage unconstitutional in two suits brought by gay couples who want Florida to recognize their out-of-state marriages and want to marry in the state.
Peter Prieto to join Plaintiff’s Exec Committee in GM defective ignition switch MDL
August 2014 – Miami, FL – Peter Prieto, partner at Miami based litigation boutique Podhurst Orseck, will server on the Plaintiff’s Executive Committee in the General Motors defective ignition switch multi-district litigation. He is one of the 100 attorneys from across the nation who were chosen for the committee Prieto is the only attorney from Florida, which is one of GM’s most significant markets.
Partner at Podhurst Orseck, Peter Prieto, Appointed to the Plaintiffs’ Executive Committee in General Motors Defective Ignition Switch Multi-District Litigation
August 2014 – Miami, FL – Peter Prieto, partner at Miami-based litigation boutique Podhurst Orseck, will serve on the Plaintiffs’ Executive Committee in the General Motors defective ignition switch multi-district litigation. He is one of 10 attorneys from across the nation who were chosen for the committee. Prieto is the only attorney from Florida, which is one of GM’s most significant markets.
Investment Manager Pleads Guilty To Aiding Rothstein Scheme
August, 2014 – Law360, Miami (August 19, 2014) — An investment manager who worked for feeder funds that helped fuel Scott Rothstein’s $1.2 billion Ponzi scheme pled guilty Tuesday to conspiracy to commit wire fraud for his role in the scheme.
11th Circ. Affirms Ex-Stiefel Worker’s $1.5M Award
June 30, 2014 – Law360, Los Angeles — The Eleventh Circuit refused Monday to overturn a $1.5 million victory for a former Stiefel Laboratories Inc. sales representative, ruling that a jury wasn’t wrong in finding that the company misled the former employee into selling his shares at an artificially low price just before a merger.
Preliminary settlement in consumer class action against Tire Kingdom wins court approval.
June 2014 – A settlement has been preliminarily approved by a court in a class action on behalf of Florida customers of TBC Retail Group, Inc. (“Tire Kingdom”) in a case in which Stephen F. Rosenthal obtained a victory on class certification in the Florida Supreme Court. A claims website (www.shopfeeclassaction.com) has been established for class members to request a financial benefit by September 4, 2014. A final approval hearing is scheduled for October 7, 2014.
Attorney: Stephen F. Rosenthal
Attorneys get expert witnesses on stand in winning 15.8million Labcorp lawsuit
May 1, 2014 – Attorneys get expert witnesses on stand in winning 15.8million Labcorp lawsuit
Podhurst Orseck Secures $60 Million Judgment in Phone Repair Fraud
August 2013 – A business owned by Miami nightclub owner Clive Seecomar has been saddled with a judgment of $60 million for actions related to a cellular telephone recycling business. The judgment is based on activities occurring in 2008 around the time that Seecomar was Miami’s man- of-the-hour after revitalizing the trendy Karu & Y nightclub in the Overtown neighborhood. The club hosted celebrities such Paris Hilton, rappers Flo Rida and P. Diddy and Miami Heat basketball star Lebron James.
On April 12, Miami-Dade Circuit Judge Spencer Eig entered the judgment against Seecomar’s company, Cell Solutions International, Inc., in favor of the California-based Brix Group, a client of Podhurst Orseck attorney John Gravante III. The award reflects a $20 million investment recovery by the Brix Group in Cell Solutions, as well as $40 million in punitive damages.
In the suit, filed in March of 2009, the Brix Group alleged that Seecomar absconded with investment funds and operated a Ponzi scheme through his company which allegedly bought used cellular phones, refurbished them and sold them in the Latin American market. Seecomar approached Brix in 2007 with the business proposal. In 2008, the companies with which Cell Solutions was dealing fell in arrears on payments and Brix Group founder Harry Brix began to suspect a fraud by early 2009, according to the suit.
Much of Seecomar’s assets are unaccounted for but some of the money went to Karu & Y, which closed its doors in 2009 after Seecomar sunk tens of millions of dollars into the nightclub. The extravagant 42,000-square-foot property included a $1 million sound system, waterfalls and a Dale Chihuly chandelier.
Podhurst attorney John Gravante III said that he hopes the company, now run by Brix’s son since Harry Brix passed away, will recover at least some of its money in the judgment.
$410 Million Settlement Against Bank of America
November 2011 – A $410 million settlement against Bank of America regarding checking fees and associated charges in a consolidated overdraft litigation against more than 30 banks across the United States. The suit alleged that the defendant banking institutions employed software programs designed to extract the greatest possible number of overdraft fees from its customers. Union Bank agreed to settle related suits for $35 million, and Iberia Bank agreed to a $2.5 million settlement in September of 2011. Combined with other settlements in these cases, this multidistrict litigation resulted in one of the largest settlements ever recorded in a consumer case.
Attorneys: Aaron S. Podhurst and Peter Prieto
$4.35 million in a case where the pilot of a Piper Malibu was overlooked by a federal air traffic controller
September 2011 – A judgment for $4.35 million in a case where the pilot of a Piper Malibu was overlooked by a federal air traffic controller, who allowed the aircraft to fly into foul weather. The weather disoriented the pilot and resulted in a crash killing the pilot and two family member passengers.
Attorney: Ricardo M. Martinez-Cid
$14.5 million in Spanish court against U.S. aviation equipment makers
Date, 2010 – A historic verdict of $14.5 million in Spanish court against U.S. aviation equipment makers blamed for an accident in which Bashkirian Airlines Flight 2937 and DHL Flight 611 collided over southern Germany, killing everyone on both aircraft. Podhurst Orseck represented the families of dozens of Russian schoolchildren killed aboard the Russian Tupelov-154.
Attorney: Steven C. Marks
$195 million against a Miami-based Latin American banker who defrauded investors
November 2010 – A jury award for $195 million against a Miami-based Latin American banker who defrauded investors in a mutual fund he managed. The firm’s mutual fund clients included a nunnery that cared for orphaned children and an investor who took his own life because of the losses from the scheme and their impact on his family.
Attorney: Ricardo M. Martinez-Cid
$25 million in a case where a Boca Raton chaplain flying a Cessna 182 from the Bahamas to Florida collided with a Cessna 172
March 2006 – A judgment for $25 million in a case where a Boca Raton chaplain flying a Cessna 182 from the Bahamas to Florida collided with a Cessna 172 over Deerfield Beach International Fishing Pier in Florida, killing five people in the two aircraft. The court found that the FAA air traffic controllers in the towers directing the chaplain’s plane had been understaffed and distracted.
Attorneys: Steven C. Marks and Ricardo M. Martinez-Cid
$43.6 million in damages to the families of three victims in the 1997 crash of a Silk Air jet in Indonesia
July 2004 – An award of $43.6 million in damages to the families of three victims in the 1997 crash of a Silk Air jet in Indonesia which abruptly rolled and plummeted 35,000 feet under suspicious conditions. The crash was ultimately linked to a defective rudder control valve. Another 29 cases received the benefit of the liability finding from Podhurst Orseck’s trial work
Attorney: Steven C. Marks
A settlement for $30 million in a group of cases involving the insurer of a Learjet
April 2003 – A settlement for $30 million in a group of cases in which the insurer of a Learjet 60 which overran a runway refused to pay damages under the owner’s policy because the pilots flying lacked sufficient experience and the aircraft was not located in the U.S. at the time of the accident. The litigation involved complex international civil litigation issues in a multi-suit legal dispute.
Attorney: Steven C. Marks
Successful appeal contesting the validity of $37 million case against the Juno Beach, Florida-based, FPL Group
Date, 1999 – Successful appeal contesting the validity of $37 million case against the Juno Beach, Florida-based, FPL Group. The firm represented the family of a 12-year-old Pinecrest, Florida, girl who died in a car crash because FPL workers disconnected a traffic control light.
$187.5 million for the personal representatives of three humanitarian mission members against the nation of Cuba
February 1998 – An award of $187.5 million for the personal representatives of three humanitarian mission members against the nation of Cuba. The crews of “Brothers to the Rescue” flew aircraft missions in the international airspace over the Florida Straits searching for rafters attempting to leave Cuba. The Cuban Air Force shot down two of the civilian organization’s planes, killing four.
$250 million to families of passengers who died in the May 1996 ValuJet crash
An award of $250 million to the families of passengers who died in the May 1996 ValuJet crash in the Florida Everglades. Podhurst Orseck was lead counsel for the state court and federal multi-district litigation plaintiffs’ steering committee.
Attorney: Steven C. Marks