News & Events

Robert Horwitz and Chandler Black along with appellate counsel Diane Tutt and their paralegal Jennifer Peoples obtained a defense verdict in a hotly contested automobile accident claim with admitted liability and alleged C1-C2 injury, brain stem compression and cranial instability.  Plaintiff demanded $30,746,553.00 including $746,553.00 for future medical expenses. 

Partner Michael J. Bonfanti and Associate Mattie Birster from the Tallahassee office successfully prevailed on a motion for summary judgment on a water loss claim in Palm Beach County where pursuant to the terms and conditions of the subject policy the managed repair contractor network program was properly offered, rejected by the insured, and all insurance benefits due and owed were ultimately exhausted.

Thomasville, GA managing partner, Joshua C. Canton, and partner, Justin B. Hales, recently won summary judgment in a wrongful death case following a coverage dispute regarding uninsured/underinsured motorist coverage where there was not a notice of nonrenewal letter provided by the insurance carrier. The Court ruled that O.C.G.A. §33-24-45(3) which requires written notice before refusing to renew coverage, did not apply in this case because the evidence reflected that the uninsured/underinsured insurance carrier was willing to renew the policy with the Plaintiff’s employer who chose not to renew the policy and failed to pay the premium which rendered the policy not in effect on the date of loss.

Tom McCausland and Sam Kugbei, partners in the Hollywood office, recently secured a favorable verdict in a premises liability case tried in Key West, FL. They represented a restaurant sued by a Rhode Island resident who claimed she tripped and fell while stepping off an elevated wooden platform sometimes used as a live performance stage. As a result of the fall, Plaintiff fractured her right foot. She underwent three surgeries and multiple rounds of physical therapy. She claimed that, despite years of treatment, she continued to experience chronic pain.

Partner Rebecca Williams and Appellate Partner, Diane Tutt recently prevailed on a motion for summary judgment in a IP trademark case. The case involved a false advertising claim under the Federal Lanham Act, contributory false advertising, and a claim under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).  Plaintiff was claiming that two (2) advertising documents disseminated by codefendant which we played a role in contributing to and which included our logo and company name, and for which Plaintiff was claiming joint and several liability, were literally false, false by necessary implication or misleading in violation of the Lanham Act and FDUTPA.  Under the Lanham Act, Plaintiff just has to prove that the Defendants had gross revenues and then the burden is on the Defendants to prove all deductions, including all costs of sales, allocable expenses, and other factors besides the allegedly false advertising that caused the Defendants' increase in revenues.  As such, Plaintiff was seeking disgorgement of all of profits allegedly attributable to the false advertising of tens of millions of dollars.