News & Events

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.   

Thomasville, GA managing partner, Joshua C. Canton, and partner, Justin B. Hales, won a defense verdict in a Chatham County, GA case where plaintiffs alleged causes of action for trespass, nuisance, negligence, attorney’s fees, and punitive damages.  Plaintiffs contended that the defendant failed to maintain her property and caused dead or dying trees to fall onto Plaintiffs’ property over a period of five years, destroying structures and endangering lives.  Plaintiffs also argued that the defendant maintained raccoons and rats on her property inside of a dilapidated house and caused the creatures to invade the plaintiffs’ property attacking the plaintiffs and their pets.  Defendant contended that the suit was merely a pre-text for Plaintiffs to obtain the Defendant’s waterfront property.  After a four day trial, Plaintiffs asked the jury to award $500,000 plus punitive damages and attorney’s fees.  The jury returned a defense verdict in less than 90 minutes. 

Noelia C. Vaccaro, an attorney in the Hollywood office, and Maria S. Chapman, an attorney in the Tampa office, recently prevailed on a motion to dismiss in an Assignment of Benefits (AOB) case in Escambia County, in which the Court granted the Defendant's Motion to Dismiss with prejudice. The court ruled that the Plaintiff's AOB was invalid under Florida Statute § 627.7152 because it lacked a written, itemized, per-unit cost estimate of services to be performed — a statutory requirement for AOB validity. The court further determined that the deficiency in the AOB was an issue of standing that could not be remedied through amendment. Consequently, the Plaintiff’s Amended Complaint was dismissed.