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Lars O. Bodnieks
PARTNER
Contact:
Miami Office
9300 South Dadeland Blvd., 4th Floor
Miami, FL 33156
Telephone: (305) 670-1101
Facsimile: (305) 670-1161
E-mail: lbodnieks@qpwblaw.com

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Lars O. Bodnieks is a partner in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A.  Mr. Bodnieks has been a civil trial lawyer with an extensive appellate practice since 1991.  His practice is focused in the areas of environmental law, commercial litigation, automobile negligence, property and casualty law, admiralty and maritime, aviation, medical malpractice, product liability, negligence, wrongful death, insurance defense, interpleader, intervenor, declaratory judgment, and forfeiture actions.   He is a Martindale Hubbell AV/Preeminent rated lawyer.  Mr. Bodnieks is the author of Synoptics & Algorithms in Law, and has lectured in the areas of law and medical malpractice at Florida International University, pre-med program honor’s class, Bio-Medical Ethics, and on FAA and NTSB laws and enforcement procedures at the George T. Baker Aviation School in Miami, FL

Mr. Bodnieks has extensive trial experience in state and federal courts having tried 54 jury trials to verdict involving serious injury, wrongful death, negligent security, product liability and medical malpractice.  He is a member of the Firm’s Appellate Practice Group and has successfully represented clients in over 79 appellate cases.

Throughout his career, Mr. Bodnieks has represented clients in many industries and in a wide range of legal matters and areas including:

Aerospace and automotive accident reconstruction and safety; Daubert/Kumho Tire and Frye hearings; DNA; economics; emergency medicine; engineering (aerospace, chemical, construction, electrical, mechanical, naval, power plant (turbine and reciprocating), structural failure analysis; fluid dynamics; human factors; infectious disease (ID); gas diffusion/infiltration of CO (carbon monoxide) including Navier-Stokes, Bernoulli's, zeroth, first and second laws of thermodynamics, Joules-Thompson throttling effects, Buoyancy Driven Force/Convective Stack effects, Graham's & Ficks’s laws; internal medicine (IM); metallurgy; neurosurgery and neurology; orthopaedics; pathology (forensic and surgical); pharmacology (pharmacokinetics and pharmacodynamics); rotorcraft-helicopter operations; ship handling and safety; and toxicology.

Previously, he was a civil trial attorney with Restani, Dittmar & Hauser, P.A. in Coral Gables, Florida; and prior, an appellate attorney at the Office of the Public Defender 11th Judicial Circuit of Florida.

Mr. Bodnieks is licensed to practice law in Florida and is a member of The Florida Bar. He is admitted in the U.S. District Courts for the Southern, Northern and Middle Districts of Florida; Trial Bar of the United States District Court for the Southern District of Florida; U.S. Supreme Court, U.S. Tax Court, U.S. Court of Federal Claims, U.S. Court of Appeals for Veterans Claims; U.S. Court of Appeals for the Armed Forces, U.S. Court of Appeals for the Fifth and Eleventh Circuits and the U.S. Court of Appeals for the Federal Circuit. He is also a FAA licensed pilot.

Mr. Bodnieks received his Juris Doctor from St. Thomas University School of Law in 1990, which he attended on a Fellowship Scholarship and graduated with Dean’s List distinction, and a Bachelor of Arts in economics and mathematics from Florida International University in 1987, also with a Dean’s List distinction, while employed fulltime.  He was a contributing editor and columnist of the St. Thomas Law School law journal, Opinio JurisThe Joint Enterprise Defense to Vicarious Liability, OPINIO JURIS, vol. 6, no. 4, March, 1990; The Courtship of a Souter, OPINIO JURIS vol. 7 no. 1, August, 1990; A Tool for Self Governance, OPINIO JURIS, vol. 7 no. 2, September, 1990; Nightmare on Wallstreet, OPINIO JURIS, vol. 7 no. 2, September, 1990; An Improbable Impossibility, OPINIO JURIS, vol. 7 no. 4, November-December, 1990. Mr. Bodnieks also served as law clerk to attorney R. Fred Lewis, prior to Justice Lewis’ appointment to the Florida Supreme Court.

Mr. Bodnieks has represented several major aerospace manufacturers, both rotor wing and fixed wing aircraft, along with powerplant manufacturers, overhaul and repair facilities.

Mr. Bodnieks is native fluent in Latvian, and educated in German and Latin.

Select Representative Matters:

Appellate Cases

U.S. Supreme Court

Bell v. PLM, L.P., et al., Nos. 17A561, 17-9064 ___ U.S. ___, 2018 WL 4683071 (U.S. Oct. 1, 2018) (cert. denied). 

  • Respondents’ counsel in opposition to petition for writ of certiorari on question of whether a Florida appellate court’s use of a per curiam affirmance (PCA) for its decision is a denial of due process, where petitioner is procedurally defaulted in seeking a writ of certiorari by having failed to follow Florida’s rules and appellate law that do not authorize appeals of non-final non-appealable orders.

 

U.S. 11th Circuit Court of Appeals

Lee v. Perez, No. 18-14979-FF. ___ F. App’x ___ (11th Cir. ___).

  • Appellee’s counsel on appeal from summary judgment on sovereign immunity.

Catalyst Pharmaceuticals, Inc. v. Fullerton, No. 17-15196, 748 F. App’x 944, 2018 WL 4211595 (11th Cir. Sept. 5, 2018) (aff’d).

  • Appellee’s counsel on appeal from an Internet Solutions dismissal for lack of personal jurisdiction.

Taylor Newman Cabinetry, Inc. v. Classic Soft Trim, Inc., 436 F. App’x 888 (11th Cir. 2011) 

  • Appeal from order of remand in case removed for alleged fraudulent joinder to defeat diversity jurisdiction.

 

Florida state appellate courts

Langford v. Stephens, 634 So. 2d 314 (Fla. 4th DCA 1994)

  • Defendant’s appeal of the trial court’s denial of a motion to dismiss for lack of personal jurisdiction against the pilot of a passenger flight that ditched in international waters, per curiam reversed.

Palau International Traders, Inc. v. Narcam, 653 So.2d 412 (Fla. 3D DCA 1995)

  • Trial counsel and on brief in a case that extended the economic loss rule to third party representations under the Restatement of Torts 2nd, section 552, later disapproved by Indemnity Insurance Co. of N. America v. American Aviation, Inc., 891 So.2d 532 (Fla. 2005), from which Tara Condominium Ass’n, Inc. v. Marsh & Mclennan Companies, Inc., 110 So.3d 399 (Fla. 2013) subsequently receded.

Mantero-Atienza, M.D. v. Salvador, 807 So.2d 163 (Fla. 3D DCA 2002)

  • Trial counsel and on brief in the case that reversed the trial court’s denial of a motion to abate and grant comity to a New York state court order staying all actions against an insurer undergoing rehabilitation.

Cerna v. South Florida Bioavailability Clinic, Inc., 815 So.2d 652 (Fla. 3D DCA 2002)

  • Appellate counsel in product liability/ophthalmology claim that ingestion of pharmaceuticals triggered the onset of Leber’s disease, where court Frye-rejected a methodology of using temporal proximity and extrapolation from animal and in vitro tests as proof of causation of a non-impact occurrence.

Barnes v. Eastern Savings Bank, FSB, No. 3D12-1183 (Fla. 3D DCA 12/19/2012)

  • Appellee’s counsel on brief in bank’s answer to mortgagee’s challenge to legal sufficiency of notice of default under paragraph 22 of the mortgage.

JA&M Developing Corp. v. Perez, 2013 WL 2321171, 114 So.3d 410 (Fla. 3D DCA 05/29/2013) (writ of certiorari granted, Order quashed and remanded)

  • Appellate counsel in petition for writ of common law certiorari from trial court’s Order denying defendant’s motion to compel a Fla.R.Civ.P. 1.360 independent medical examination.

McCaleb v. TBM 850/536 LLC, 2016 WL 6563075 (Fla. 4th DCA 11/03/2016)

  • Appellate counsel in defense against plaintiffs’ appeal from an order granting motion to dismiss for lack of personal jurisdiction, arising from an alleged out-of-state airplane crash, and demand for $10M in damages, where training and unrelated maintenance on the aircraft, hangered out-of-state, had been performed in Florida.


Trials

Florida West Airlines, Inc. v. Electron Beam Development Corp., et al.

No. 90-34264CA32, J. Jones, (Fla. 11th Judicial Cir. (07/10-14/1992))

  • Defense verdict against a $1.2 million claim for damages allegedly caused by a negligence inspection of a C-2 compressor blade of Pratt & Whitney JT3D turbofan engine that failed on a Boeing 707 during an attempted takeoff. OR Book 15588 Pages 0398-0400.

Costa v. Medi-Transportation of So. Fla.

No. 96-5865CA02, J. Friedman, (Fla. 11th Judicial Cir. (07/31/1997))

  • Defense verdict against a $436,000 claim for back surgeries and imperfect paraplegia allegedly caused by the negligent failure of a special transportation company in handling a patient that resulted in the patient rolling down the grade of a parking lot and falling over onto the pavement. OR Book 17733 Pages 2541-2543.

In re: American Dredging

No. 92-0340-CIV-Davis, (S.D.Fla. 12/11-13/1996)

  • Trial counsel in $1.8M judgment in admiralty/maritime triple wrongful death claims for $9.0M; appeal reported in 1999 AMC 227 (11th Cir. 1999).

Ascensio v. Viamonte, M.D.

No. 03-16056CA30, J. V. Platzer, (Fla. 11th Judicial Cir. (07/11-15/2005))

  • Defense verdict against alleged medical malpractice claim for complications arising from double hernia repair surgery.  OR Book 23586 Book Pages 4423-4424.

Avi-Tal v. Nationwide Life & Annuity Insurance Co.

No. 11-41524CA20, J. Wm. Thomas, Fla. (11th Jud. Cir. (08/18-20/2015))

  • Defense verdict against alleged fraud & rescission claims under § 517.301, Fla. Stat. for failure to furnish prospectus for VUL insurance policy.

Dispositive Motions

New Berry Construction, Inc. v. Lloyds of London

No. 99-00125AE, J. Carlisle, (Fla. 15th Judicial Cir. (07/06/1999))

  • Final order of dismissal entered against plaintiff’s claim for $400,000+ in damages as sanctions for plaintiff’s discovery violations.  OR Book 11222 Page 533. 

Palmer v. Mobil Oil Corp.

No. 00-00616-07, J. Miller, (Fla. 17th Judicial Cir. (09/01/2000))

  • Final order entered granting defendant’s, Exxon-Mobil, motion to dismiss with prejudice based on finding the transportation of gasoline is not an ultrahazardous activity, notwithstanding admissions to the contrary filed by predecessor law firms, and thus relieving the defendant from exposure to potential liability for 5 fatalities.  OR Book 30885 Pages 1770-1771.

McGrath v. JWR Construction Services, Inc.

No. 09-04559(25), J. L. Phillips, (Fla. 17th Judicial Cir. (04/30/2010))

  • Final summary judgment, based on federal maritime law, granted in favor of the defendant construction company for an alleged dockside longshoreman’s injury, seeking $500K+ in damages.  OR Book 472126 Page 967.

Section 7 Services, Inc., et al. v. Riverwalk Apartments, L.P., et al.

No. 01-1871-Civ-Martinez, (S.D.Fla., 7/21/2004)

  • $9.0M+ punitive damage claim for 42 U.S.C.§1983 violations arising from § 489.128, Fla. Stat. UCF filed with Fla. DBPR CILB against plaintiffs for alleged unlicensed contracting, involving more than 30,000 pages of records/documents, settled during plaintiffs’ appeal from 12/13/2003 order [DE379] granting motion to dismiss 3rd amended complaint for full releases and $0 paid to plaintiffs.

DeZayas v. AT&T Florida d/b/a Bellsouth

841 F. Supp. 2d 1257, 2012 WL 161330 (S.D.Fla. 2012) 

  • Defense against toxic tort case brought under the Florida Water Quality Assurance Act, Fla.Stat.§376.30, for alleged contamination from a pentachlorophenol treated wood utility pole with a potential for national class action; plaintiffs demanded $600K+ and free hook-up to the county water supply; defense motion for final summary judgment granted against plaintiffs whose cross-motion for summary judgment was denied [D.E. nos. 129, 136, 137].

Korman v. Selene Finance LP

No. 13-80031-CIV-Marra, 2014 WL 3695402 (S.D. Fla. 07/24/2014) (on brief [D.E.60])

  • Opposition and response to plaintiff’s Fed.R.Civ.P.65 motion [D.E.55] for temporary restraining order and permanent injunction against judicial sale in pending state circuit court mortgage foreclosure proceeding and appeal, where, in apparently the first of its kind ruling from any of the district courts within, and including, the Eleventh Circuit itself, the district court issued an Opinion & Order [D.E.74] denying the motion [D.E.55] with prejudice based on the defendant’s argument that the Anti-Injunction Act, 28 U.S.C. §2283 prohibits injunctive relief to stay the state court proceedings, and stating the federal court “cannot enjoin the state court’s foreclosure proceeding”, citing cases argued in brief [D.E.60]).

1790 Alton Holdings, LLC v. Chevron U.S.A. Inc., et al.

(Fla. 11th Jud. Cir. Ct. No. 13-5192CA01)

  • Trial counsel for defendant, Chevron U.S.A. Inc., against plaintiff property owner’s $2.3M+ claim for alleged violations of Florida Pollutant Discharge Prevention and Control Act, § 376.313, Fla. Stat., & Florida Air and Water Pollution Control Act, § 403.727, Fla. Stat. arising from fuel discharges at Chevron branded service station and soil contamination; $0 settlement, plaintiff voluntarily dismissed with prejudice to avoid pending motion for § 57.105,  Fla. Stat. sanctions and Fla.R.Civ.P.1.510 motion for final summary judgment.  OR Book 29707 Pages 3261-3262.

Webb v. Advance Inventory Management, Inc.

No. 502016CA003978 (15th Cir., Palm Beach Cty., Fla. 03/14/17)

  • Trial counsel in defense of multiple out-of-state defendants against claims for $1,938,000.00 under theories of fraud, conspiracy, aiding and abetting, for alleged violations of § 849.26, Fla. Stat. (2016) arising from internet pari-mutuel wagering, resulting in plaintiff’s voluntary dismissal after defendants’ service of § 57.105, Fla. Stat. motion for sanctions.

Black v. City of Hazlehurst

No. 562016CA1887 (Fla. 19th Jud. Cir., 05/05/2017)

  • Lead counsel on defendant’s motion to dismiss for lack of personal jurisdiction and subject matter jurisdiction against double wrongful death airplane crash claims, voluntarily dismissed by plaintiffs without settlement, notwithstanding demand for $5M.

Nationwide Retirement Solutions, Inc. v. Powell, et al.

No. 17-006689 (17th Jud. Cir. Ct., Broward Cty., 10/10/2017)

  • Final judgment rendered in favor of plaintiff/Nationwide on § 86.011 Fla. Stat. declaratory judgment and Fla. R. Civ. P. 1.240 interpleader action against 3 competing claimants to a deceased participant’s deferred compensation benefits under a BSO plan that was being administered by NRS, with costs awarded to NRS. Instr# 114680959 recorded 10/24/2017.

Pepke v. Florida Dept. of Families

324 F. Supp. 3d 1258, 2018 WL 3970665 (S.D. Fla. Aug. 20, 2018)

  • Defense counsel on a successful S.D. Fla. case of first impression, Fed. R. Civ. P. 12(b)(1)/Rooker-Feldman motion to dismiss for lack of subject matter jurisdiction against claims for 42 U.S.C. § 1983, abuse of process, and intentional infliction of emotional distress arising out of dependency proceedings filed against Plaintiff in state court.

Klement v. Coastal Constr. Co. of So. Fla., Inc., M C Velar Constr. Corp., Marina Palms Residences So., LLC

No. 2017-009685-CA-01, (11th jud. cir. ct. Miami-Dade Cty., Fla., final order of dismissal with prejudice filed 11/21/2018 OR Book 31229 page 120 in WDA claim for $1M+; defense settlement of $0 based on announced plan to file circulated draft MSJ)

  • MSJ argued no legal duty existed to prevent, and “construction defendants” were not the proximate cause of, a predawn wrongful death nearby off-construction site collision between two vehicles which the “construction defendants” did not own, operate, control, use, or know existed.  No maintenance, repair or utility work was being done on the right-of-way, and nothing that the construction defendants did or did not do directly or proximately caused the incident that occurred during a maneuver for an unannounced and unscheduled attempted delivery before business hours at the construction site.  MSJ argued the allegedly negligent “MOT plan” was not, under the evidence in the case, required as Fla. Admin. Code 14-96, 23 C.F.R. 630.1108(e), and Preface to the Fla.DOT 600 1 General Information for Traffic Control Through Work Zones Index 600 state MOT’s are required only for work, repairs or maintenance on a public right-of-way, road, street or highway. 

Curtin v. Campos

No. 2:18-CV-14437-ROSENBERG/MAYNARD, 2019 WL 760598 (S.D. Fla. Feb. 20, 2019)

  • Lead counsel in defense against, and federal court’s dismissal [ECF No. 37] with prejudice of, plaintiff’s action for civil rights violation, civil conspiracy and denial of right to jury trial against state circuit court trial attorney who had succeeded in obtaining and affirming summary judgment against the tort plaintiff.

Old Republic Ins. Co. v. Daher-Socata SAS

No. 18-cv-62079-WPD, 2019 WL 910567, 2019 WL 910572 (S.D. Fla. Feb. 25, 2019)

  • Lead counsel in $2.9M subrogation claim arising from crash of TBM850 turboprop airplane, jointly dismissed after orders [ECF Nos. 36 & 37] entered granting Fed. R. Civ. P. 12(f) motions to strike defendant manufacturer’s affirmative defenses.

Tarbox. v. Gajraj, M.D.

No. 17-014334(05) (Fla. 17th Jud. Cir. Ct., Fla. Broward Cty. (June 6, 2019))

  • Co-counsel for defendant admitting doctor against wrongful death medical malpractice claim allegedly arising from the prescription of an anticoagulant to a DVT diagnosed ER patient who had an unrelated but relevant prior surgical history; summary judgment based on failure to inform defense in Tovar v. Methodist Healthcare Sys. of San Antonio, Ltd., L.L.P., No. 04–05–00054–CV, 2005 WL 3079074 (Tex. App. Nov.16, 2005) and  Martin v. Abilene Regional Medical Center, No. 11–04–00303–CV, 2006 WL 241509 (Tex. App. Feb. 2, 2006)).  (Instr. 115855352).   

Fernandez v. C & W Facility Services, Inc.

No. 2018-023627 CA 01 (11th Jud. Cir. Ct., Miami-Dade Cty.) 

  • Defendant’s co-counsel in § 57.105, Fla. Stat. motion for sanctions against plaintiff’s homicide-suicide wrongful death act/negligent security claim, resulting in plaintiff’s filing of voluntary dismissal with prejudice and $0 paid.  

 

 


 
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Contact: Miami Office
9300 South Dadeland Blvd., 4th Floor
Miami, FL 33156
Telephone: (305) 670-1101
Facsimile: (305) 670-1161
E-mail: lbodnieks@qpwblaw.com

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Areas of Practice:

  • Admiralty and Maritime Law
  • Appellate
  • Automotive Liability
  • Aviation Law
  • Construction Claims
  • General Litigation
  • Insurance and Insurers
  • Medical Malpractice Defense
  • Probate and Guardianships Administrative and Litigation
  • Product Liability
Education

  • St. Thomas University School of Law , J.D. (1990)
  • Florida International University, B.A. (1987)
Bar Admissions Florida Languages: Latvian, German, Latin








Lars O. Bodnieks is a partner in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A.  Mr. Bodnieks has been a civil trial lawyer with an extensive appellate practice since 1991.  His practice is focused in the areas of environmental law, commercial litigation, automobile negligence, property and casualty law, admiralty and maritime, aviation, medical malpractice, product liability, negligence, wrongful death, insurance defense, interpleader, intervenor, declaratory judgment, and forfeiture actions.   He is a Martindale Hubbell AV/Preeminent rated lawyer.  Mr. Bodnieks is the author of Synoptics & Algorithms in Law, and has lectured in the areas of law and medical malpractice at Florida International University, pre-med program honor’s class, Bio-Medical Ethics, and on FAA and NTSB laws and enforcement procedures at the George T. Baker Aviation School in Miami, FL

Mr. Bodnieks has extensive trial experience in state and federal courts having tried 54 jury trials to verdict involving serious injury, wrongful death, negligent security, product liability and medical malpractice.  He is a member of the Firm’s Appellate Practice Group and has successfully represented clients in over 79 appellate cases.

Throughout his career, Mr. Bodnieks has represented clients in many industries and in a wide range of legal matters and areas including:

Aerospace and automotive accident reconstruction and safety; Daubert/Kumho Tire and Frye hearings; DNA; economics; emergency medicine; engineering (aerospace, chemical, construction, electrical, mechanical, naval, power plant (turbine and reciprocating), structural failure analysis; fluid dynamics; human factors; infectious disease (ID); gas diffusion/infiltration of CO (carbon monoxide) including Navier-Stokes, Bernoulli's, zeroth, first and second laws of thermodynamics, Joules-Thompson throttling effects, Buoyancy Driven Force/Convective Stack effects, Graham's & Ficks’s laws; internal medicine (IM); metallurgy; neurosurgery and neurology; orthopaedics; pathology (forensic and surgical); pharmacology (pharmacokinetics and pharmacodynamics); rotorcraft-helicopter operations; ship handling and safety; and toxicology.

Previously, he was a civil trial attorney with Restani, Dittmar & Hauser, P.A. in Coral Gables, Florida; and prior, an appellate attorney at the Office of the Public Defender 11th Judicial Circuit of Florida.

Mr. Bodnieks is licensed to practice law in Florida and is a member of The Florida Bar. He is admitted in the U.S. District Courts for the Southern, Northern and Middle Districts of Florida; Trial Bar of the United States District Court for the Southern District of Florida; U.S. Supreme Court, U.S. Tax Court, U.S. Court of Federal Claims, U.S. Court of Appeals for Veterans Claims; U.S. Court of Appeals for the Armed Forces, U.S. Court of Appeals for the Fifth and Eleventh Circuits and the U.S. Court of Appeals for the Federal Circuit. He is also a FAA licensed pilot.

Mr. Bodnieks received his Juris Doctor from St. Thomas University School of Law in 1990, which he attended on a Fellowship Scholarship and graduated with Dean’s List distinction, and a Bachelor of Arts in economics and mathematics from Florida International University in 1987, also with a Dean’s List distinction, while employed fulltime.  He was a contributing editor and columnist of the St. Thomas Law School law journal, Opinio JurisThe Joint Enterprise Defense to Vicarious Liability, OPINIO JURIS, vol. 6, no. 4, March, 1990; The Courtship of a Souter, OPINIO JURIS vol. 7 no. 1, August, 1990; A Tool for Self Governance, OPINIO JURIS, vol. 7 no. 2, September, 1990; Nightmare on Wallstreet, OPINIO JURIS, vol. 7 no. 2, September, 1990; An Improbable Impossibility, OPINIO JURIS, vol. 7 no. 4, November-December, 1990. Mr. Bodnieks also served as law clerk to attorney R. Fred Lewis, prior to Justice Lewis’ appointment to the Florida Supreme Court.

Mr. Bodnieks has represented several major aerospace manufacturers, both rotor wing and fixed wing aircraft, along with powerplant manufacturers, overhaul and repair facilities.

Mr. Bodnieks is native fluent in Latvian, and educated in German and Latin.

Select Representative Matters:

Appellate Cases

U.S. Supreme Court

Bell v. PLM, L.P., et al., Nos. 17A561, 17-9064 ___ U.S. ___, 2018 WL 4683071 (U.S. Oct. 1, 2018) (cert. denied). 

  • Respondents’ counsel in opposition to petition for writ of certiorari on question of whether a Florida appellate court’s use of a per curiam affirmance (PCA) for its decision is a denial of due process, where petitioner is procedurally defaulted in seeking a writ of certiorari by having failed to follow Florida’s rules and appellate law that do not authorize appeals of non-final non-appealable orders.

 

U.S. 11th Circuit Court of Appeals

Lee v. Perez, No. 18-14979-FF. ___ F. App’x ___ (11th Cir. ___).

  • Appellee’s counsel on appeal from summary judgment on sovereign immunity.

Catalyst Pharmaceuticals, Inc. v. Fullerton, No. 17-15196, 748 F. App’x 944, 2018 WL 4211595 (11th Cir. Sept. 5, 2018) (aff’d).

  • Appellee’s counsel on appeal from an Internet Solutions dismissal for lack of personal jurisdiction.

Taylor Newman Cabinetry, Inc. v. Classic Soft Trim, Inc., 436 F. App’x 888 (11th Cir. 2011) 

  • Appeal from order of remand in case removed for alleged fraudulent joinder to defeat diversity jurisdiction.

 

Florida state appellate courts

Langford v. Stephens, 634 So. 2d 314 (Fla. 4th DCA 1994)

  • Defendant’s appeal of the trial court’s denial of a motion to dismiss for lack of personal jurisdiction against the pilot of a passenger flight that ditched in international waters, per curiam reversed.

Palau International Traders, Inc. v. Narcam, 653 So.2d 412 (Fla. 3D DCA 1995)

  • Trial counsel and on brief in a case that extended the economic loss rule to third party representations under the Restatement of Torts 2nd, section 552, later disapproved by Indemnity Insurance Co. of N. America v. American Aviation, Inc., 891 So.2d 532 (Fla. 2005), from which Tara Condominium Ass’n, Inc. v. Marsh & Mclennan Companies, Inc., 110 So.3d 399 (Fla. 2013) subsequently receded.

Mantero-Atienza, M.D. v. Salvador, 807 So.2d 163 (Fla. 3D DCA 2002)

  • Trial counsel and on brief in the case that reversed the trial court’s denial of a motion to abate and grant comity to a New York state court order staying all actions against an insurer undergoing rehabilitation.

Cerna v. South Florida Bioavailability Clinic, Inc., 815 So.2d 652 (Fla. 3D DCA 2002)

  • Appellate counsel in product liability/ophthalmology claim that ingestion of pharmaceuticals triggered the onset of Leber’s disease, where court Frye-rejected a methodology of using temporal proximity and extrapolation from animal and in vitro tests as proof of causation of a non-impact occurrence.

Barnes v. Eastern Savings Bank, FSB, No. 3D12-1183 (Fla. 3D DCA 12/19/2012)

  • Appellee’s counsel on brief in bank’s answer to mortgagee’s challenge to legal sufficiency of notice of default under paragraph 22 of the mortgage.

JA&M Developing Corp. v. Perez, 2013 WL 2321171, 114 So.3d 410 (Fla. 3D DCA 05/29/2013) (writ of certiorari granted, Order quashed and remanded)

  • Appellate counsel in petition for writ of common law certiorari from trial court’s Order denying defendant’s motion to compel a Fla.R.Civ.P. 1.360 independent medical examination.

McCaleb v. TBM 850/536 LLC, 2016 WL 6563075 (Fla. 4th DCA 11/03/2016)

  • Appellate counsel in defense against plaintiffs’ appeal from an order granting motion to dismiss for lack of personal jurisdiction, arising from an alleged out-of-state airplane crash, and demand for $10M in damages, where training and unrelated maintenance on the aircraft, hangered out-of-state, had been performed in Florida.


Trials

Florida West Airlines, Inc. v. Electron Beam Development Corp., et al.

No. 90-34264CA32, J. Jones, (Fla. 11th Judicial Cir. (07/10-14/1992))

  • Defense verdict against a $1.2 million claim for damages allegedly caused by a negligence inspection of a C-2 compressor blade of Pratt & Whitney JT3D turbofan engine that failed on a Boeing 707 during an attempted takeoff. OR Book 15588 Pages 0398-0400.

Costa v. Medi-Transportation of So. Fla.

No. 96-5865CA02, J. Friedman, (Fla. 11th Judicial Cir. (07/31/1997))

  • Defense verdict against a $436,000 claim for back surgeries and imperfect paraplegia allegedly caused by the negligent failure of a special transportation company in handling a patient that resulted in the patient rolling down the grade of a parking lot and falling over onto the pavement. OR Book 17733 Pages 2541-2543.

In re: American Dredging

No. 92-0340-CIV-Davis, (S.D.Fla. 12/11-13/1996)

  • Trial counsel in $1.8M judgment in admiralty/maritime triple wrongful death claims for $9.0M; appeal reported in 1999 AMC 227 (11th Cir. 1999).

Ascensio v. Viamonte, M.D.

No. 03-16056CA30, J. V. Platzer, (Fla. 11th Judicial Cir. (07/11-15/2005))

  • Defense verdict against alleged medical malpractice claim for complications arising from double hernia repair surgery.  OR Book 23586 Book Pages 4423-4424.

Avi-Tal v. Nationwide Life & Annuity Insurance Co.

No. 11-41524CA20, J. Wm. Thomas, Fla. (11th Jud. Cir. (08/18-20/2015))

  • Defense verdict against alleged fraud & rescission claims under § 517.301, Fla. Stat. for failure to furnish prospectus for VUL insurance policy.

Dispositive Motions

New Berry Construction, Inc. v. Lloyds of London

No. 99-00125AE, J. Carlisle, (Fla. 15th Judicial Cir. (07/06/1999))

  • Final order of dismissal entered against plaintiff’s claim for $400,000+ in damages as sanctions for plaintiff’s discovery violations.  OR Book 11222 Page 533. 

Palmer v. Mobil Oil Corp.

No. 00-00616-07, J. Miller, (Fla. 17th Judicial Cir. (09/01/2000))

  • Final order entered granting defendant’s, Exxon-Mobil, motion to dismiss with prejudice based on finding the transportation of gasoline is not an ultrahazardous activity, notwithstanding admissions to the contrary filed by predecessor law firms, and thus relieving the defendant from exposure to potential liability for 5 fatalities.  OR Book 30885 Pages 1770-1771.

McGrath v. JWR Construction Services, Inc.

No. 09-04559(25), J. L. Phillips, (Fla. 17th Judicial Cir. (04/30/2010))

  • Final summary judgment, based on federal maritime law, granted in favor of the defendant construction company for an alleged dockside longshoreman’s injury, seeking $500K+ in damages.  OR Book 472126 Page 967.

Section 7 Services, Inc., et al. v. Riverwalk Apartments, L.P., et al.

No. 01-1871-Civ-Martinez, (S.D.Fla., 7/21/2004)

  • $9.0M+ punitive damage claim for 42 U.S.C.§1983 violations arising from § 489.128, Fla. Stat. UCF filed with Fla. DBPR CILB against plaintiffs for alleged unlicensed contracting, involving more than 30,000 pages of records/documents, settled during plaintiffs’ appeal from 12/13/2003 order [DE379] granting motion to dismiss 3rd amended complaint for full releases and $0 paid to plaintiffs.

DeZayas v. AT&T Florida d/b/a Bellsouth

841 F. Supp. 2d 1257, 2012 WL 161330 (S.D.Fla. 2012) 

  • Defense against toxic tort case brought under the Florida Water Quality Assurance Act, Fla.Stat.§376.30, for alleged contamination from a pentachlorophenol treated wood utility pole with a potential for national class action; plaintiffs demanded $600K+ and free hook-up to the county water supply; defense motion for final summary judgment granted against plaintiffs whose cross-motion for summary judgment was denied [D.E. nos. 129, 136, 137].

Korman v. Selene Finance LP

No. 13-80031-CIV-Marra, 2014 WL 3695402 (S.D. Fla. 07/24/2014) (on brief [D.E.60])

  • Opposition and response to plaintiff’s Fed.R.Civ.P.65 motion [D.E.55] for temporary restraining order and permanent injunction against judicial sale in pending state circuit court mortgage foreclosure proceeding and appeal, where, in apparently the first of its kind ruling from any of the district courts within, and including, the Eleventh Circuit itself, the district court issued an Opinion & Order [D.E.74] denying the motion [D.E.55] with prejudice based on the defendant’s argument that the Anti-Injunction Act, 28 U.S.C. §2283 prohibits injunctive relief to stay the state court proceedings, and stating the federal court “cannot enjoin the state court’s foreclosure proceeding”, citing cases argued in brief [D.E.60]).

1790 Alton Holdings, LLC v. Chevron U.S.A. Inc., et al.

(Fla. 11th Jud. Cir. Ct. No. 13-5192CA01)

  • Trial counsel for defendant, Chevron U.S.A. Inc., against plaintiff property owner’s $2.3M+ claim for alleged violations of Florida Pollutant Discharge Prevention and Control Act, § 376.313, Fla. Stat., & Florida Air and Water Pollution Control Act, § 403.727, Fla. Stat. arising from fuel discharges at Chevron branded service station and soil contamination; $0 settlement, plaintiff voluntarily dismissed with prejudice to avoid pending motion for § 57.105,  Fla. Stat. sanctions and Fla.R.Civ.P.1.510 motion for final summary judgment.  OR Book 29707 Pages 3261-3262.

Webb v. Advance Inventory Management, Inc.

No. 502016CA003978 (15th Cir., Palm Beach Cty., Fla. 03/14/17)

  • Trial counsel in defense of multiple out-of-state defendants against claims for $1,938,000.00 under theories of fraud, conspiracy, aiding and abetting, for alleged violations of § 849.26, Fla. Stat. (2016) arising from internet pari-mutuel wagering, resulting in plaintiff’s voluntary dismissal after defendants’ service of § 57.105, Fla. Stat. motion for sanctions.

Black v. City of Hazlehurst

No. 562016CA1887 (Fla. 19th Jud. Cir., 05/05/2017)

  • Lead counsel on defendant’s motion to dismiss for lack of personal jurisdiction and subject matter jurisdiction against double wrongful death airplane crash claims, voluntarily dismissed by plaintiffs without settlement, notwithstanding demand for $5M.

Nationwide Retirement Solutions, Inc. v. Powell, et al.

No. 17-006689 (17th Jud. Cir. Ct., Broward Cty., 10/10/2017)

  • Final judgment rendered in favor of plaintiff/Nationwide on § 86.011 Fla. Stat. declaratory judgment and Fla. R. Civ. P. 1.240 interpleader action against 3 competing claimants to a deceased participant’s deferred compensation benefits under a BSO plan that was being administered by NRS, with costs awarded to NRS. Instr# 114680959 recorded 10/24/2017.

Pepke v. Florida Dept. of Families

324 F. Supp. 3d 1258, 2018 WL 3970665 (S.D. Fla. Aug. 20, 2018)

  • Defense counsel on a successful S.D. Fla. case of first impression, Fed. R. Civ. P. 12(b)(1)/Rooker-Feldman motion to dismiss for lack of subject matter jurisdiction against claims for 42 U.S.C. § 1983, abuse of process, and intentional infliction of emotional distress arising out of dependency proceedings filed against Plaintiff in state court.

Klement v. Coastal Constr. Co. of So. Fla., Inc., M C Velar Constr. Corp., Marina Palms Residences So., LLC

No. 2017-009685-CA-01, (11th jud. cir. ct. Miami-Dade Cty., Fla., final order of dismissal with prejudice filed 11/21/2018 OR Book 31229 page 120 in WDA claim for $1M+; defense settlement of $0 based on announced plan to file circulated draft MSJ)

  • MSJ argued no legal duty existed to prevent, and “construction defendants” were not the proximate cause of, a predawn wrongful death nearby off-construction site collision between two vehicles which the “construction defendants” did not own, operate, control, use, or know existed.  No maintenance, repair or utility work was being done on the right-of-way, and nothing that the construction defendants did or did not do directly or proximately caused the incident that occurred during a maneuver for an unannounced and unscheduled attempted delivery before business hours at the construction site.  MSJ argued the allegedly negligent “MOT plan” was not, under the evidence in the case, required as Fla. Admin. Code 14-96, 23 C.F.R. 630.1108(e), and Preface to the Fla.DOT 600 1 General Information for Traffic Control Through Work Zones Index 600 state MOT’s are required only for work, repairs or maintenance on a public right-of-way, road, street or highway. 

Curtin v. Campos

No. 2:18-CV-14437-ROSENBERG/MAYNARD, 2019 WL 760598 (S.D. Fla. Feb. 20, 2019)

  • Lead counsel in defense against, and federal court’s dismissal [ECF No. 37] with prejudice of, plaintiff’s action for civil rights violation, civil conspiracy and denial of right to jury trial against state circuit court trial attorney who had succeeded in obtaining and affirming summary judgment against the tort plaintiff.

Old Republic Ins. Co. v. Daher-Socata SAS

No. 18-cv-62079-WPD, 2019 WL 910567, 2019 WL 910572 (S.D. Fla. Feb. 25, 2019)

  • Lead counsel in $2.9M subrogation claim arising from crash of TBM850 turboprop airplane, jointly dismissed after orders [ECF Nos. 36 & 37] entered granting Fed. R. Civ. P. 12(f) motions to strike defendant manufacturer’s affirmative defenses.

Tarbox. v. Gajraj, M.D.

No. 17-014334(05) (Fla. 17th Jud. Cir. Ct., Fla. Broward Cty. (June 6, 2019))

  • Co-counsel for defendant admitting doctor against wrongful death medical malpractice claim allegedly arising from the prescription of an anticoagulant to a DVT diagnosed ER patient who had an unrelated but relevant prior surgical history; summary judgment based on failure to inform defense in Tovar v. Methodist Healthcare Sys. of San Antonio, Ltd., L.L.P., No. 04–05–00054–CV, 2005 WL 3079074 (Tex. App. Nov.16, 2005) and  Martin v. Abilene Regional Medical Center, No. 11–04–00303–CV, 2006 WL 241509 (Tex. App. Feb. 2, 2006)).  (Instr. 115855352).   

Fernandez v. C & W Facility Services, Inc.

No. 2018-023627 CA 01 (11th Jud. Cir. Ct., Miami-Dade Cty.) 

  • Defendant’s co-counsel in § 57.105, Fla. Stat. motion for sanctions against plaintiff’s homicide-suicide wrongful death act/negligent security claim, resulting in plaintiff’s filing of voluntary dismissal with prejudice and $0 paid.  

 

 


 
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