REPRESENTATIVE MATTERS & NOTABLE CASES

Successfully represented Southwest Florida developer in action to enforce contract that provided for client’s acquisition of commercial waterfront property. Retained several weeks before trial, after suit had been pending for a decade, and secured re-instatement of client’s previously dismissed multi-million dollar breach of contract claim. Credited with bringing vital new evidence to the trial court’s attention, in the court’s order reversing earlier entry of adverse summary judgment against client.

Successfully represented property owner in suit against national surety to enforce subdivision infrastructure bonds. Second chaired week-long bench trial resulting in $7 million judgment. Credited in trial court’s opinion with effectively refuting surety’s mitigation of damages defense through cross-examination of expert witness.

Successfully defended Southwest Florida start-up in suit brought by market leader to enforce non-competition and trade secret covenants. Defeated plaintiff’s multi-million dollar compensatory and punitive damages claims, in securing favorable settlement.

Successfully briefed and argued motion for summary judgment which resulted in dismissal of suit seeking to invalidate client’s 99-year lease on unconscionability grounds.

Secured nearly $1 million for clients in real estate deposit and broker disputes.

Successfully represented luxury home builder against Michigan corporation and guarantor in contract action stemming from client’s construction of several homes. Matter resulted in $3 million judgment and successful collection, following prosecution of fraudulent transfer action and initiation of contempt proceedings against guarantor and spouse.

Successfully represented New York franchisee in suit precipitated by restaurant franchisor’s infringement of protected territory.

Successfully represented employer in wrongful discharge suit. Secured summary judgment dismissal of employee’s claims which Montana Supreme Court affirmed on appeal.

Secured dismissal on jurisdiction and venue grounds of multiple federal declaratory actions which insurers filed against client in multi-party construction defect suit.

Defended commodity distributer against Austrian corporation’s suit. Retained several weeks before trial, shortly after entry of default judgment against client. Second chaired multi-day jury trial on damages, delivering opening statement and successfully arguing motions in limine that resulted in reduction of plaintiff’s damages claim from $5 million at trial’s outset to nominal verdict.

Represented ski lodge seller against purchaser’s negligent misrepresentation and consumer protection claims. Credited with preserving vendor’s arguments as to inadequacy of purchaser’s claims in state supreme court opinion rendered in client’s favor.

Successfully represented service provider in suit to enforce securities agreement against Vermont-based promoter, and to resist tortious interference by government agency which purported to authorize promoter’s breach. Matter resulted in favorable settlement and public reprimand of culpable officials.

Represented client in breach of contract suit by jury consultant. Successfully defeated post-trial motions seeking defense verdict’s invalidation on alleged evidence and witness tampering grounds, before securing verdict’s affirmance on appeal. Helped client obtain multi-million-dollar prevailing party attorneys’ fee award following multi-day evidentiary hearing.

Defended charter school in eviction and contract suit filed by landlord. Matter resulted in landlord’s dismissal of suit, following assertion and presentation of charter school’s tortious interference defense.