Although no two cases or outcomes are the same and we can never guarantee any particular outcome of your case, we believe the results listed below give some indication of our abilities and we ask you to consider them. Some results could not be listed due to confidentiality agreements.
VERDICTS AND SETTLEMENTS:
$42,000,000 recovery (plus statutory attorney’s fees and costs) for landowners in what we believe to be the largest recovery in an inverse condemnation case in Florida. This case was settled but only after a judge found Broward County liable for taking almost 7 acres of the owners’ property due to flooding and deprivation of vehicular access caused by the County, an easement for the flow of drainage over another 31 acres, and the destruction of numerous trees. The settlement occurred just before the case was to be tried to a jury to determine the amount of full compensation for the taking. Prior to suit being filed the County had offered to buy the acres which were flooded and deprived of access for just $1,000,000. Read Sun-Sentinel article about the case. Read Daily Business Review article regarding the case.
$3,550,000 jury verdict (plus statutory attorney’s fees and costs) resulting in the largest judgment ever on behalf of an individual for violations of the Fair Credit Reporting Act, where a background reporting company twice erroneously matched our client with criminal records of another individual in background reports prepared about the client. The best offer made by the defendant was $50,000 plus reasonable attorney’s fees and costs. Read Palm Beach Post article regarding case. The case was cited in testimony before Congress in 2017 in opposition to a bill to gut the Fair Credit Reporting Act. This case is currently on appeal.
$2,500,000 recovery (obtained while an assistant county attorney) of monies the South Lake Worth Inlet District, a special taxing district, attempted to dissipate upon its dissolution by the State of Florida. The recovery was in favor of Palm Beach County and was opposed by class of District taxpayers as well as the District’s escrow agent.
Over $2,500,000 recovered for major oil company property owner for partial taking of its gas station property, an increase of more than $120,000 over the amount originally offered. The recovery included an award of $500,000 in business damages.
$2,365,000 recovered for a taking of agricultural land in St. Lucie County where the original offer was $1,804,850 resulting in a $561,000, or 31%, increase in compensation.
$2,000,000+ jury verdict in an eminent domain proceeding for the taking of a strip of land and a staging area easement from the “Airport Centre” in Palm Beach County, Florida. The Initial offer was less than $1,000,000, an increase in compensation of more than $1,000,000, or 100% over the initial offer.
$1,482,00 recovery as bankruptcy counsel on medical malpractice claim in bankruptcy proceeding of radiologist.
$1,175,00 recovery plus the relocation of a 2.88 acre retention pond which relocation added up to $360,000 in value to the owner’s remaining property for a total monetary and non-monetary recovery by the client of $1,535,000. The initial offer was $614,000 and, therefore, there was an increase of $921,000 or money plus value to the client, or 150%. This settlement occurred only after we defeated the proposed taking by the condemning authority where it refused to properly consider the client’s initial request to relocate the pond. The court found the condemning authority was not acting reasonably.
$1,200,000 recovery for acquisition of 5 acres from a 50 acre agriculturally zoned vacant site in Sumter County near Wildwood, Florida even though owners had paid just $4,000,000 for whole site just two years before the taking. The initial offer was $748,000. The benefit to the owner was over $450,000 and the compensation was more than 60% over the initial offer.
Recovery of the largest sum paid on a code enforcement lien in favor of Palm Beach County – $800,000.
$710,000 recovery in an eminent domain proceeding for the widening of I-95 next to the City of Lake Worth, Florida’s electric generating and water treatment facility where court upheld the property owner’s ability to claim compensation for increased security for the plant as a result of its proximity to the road. The initial offer was $236,000 resulting in a benefit to the owner of $474,000, a 300% increase over the initial offer.
$570,000 recovery in an eminent domain action for the taking of leasehold and fixtures only for lessee of grocery store in Homestead, Florida acquired for a new city hall. Since the initial offer was $343,000, the benefit to the lessee was $227,000, a 66% increase in compensation.
$540,000 recovery in an eminent domain proceeding brought by Florida Gas for the acquisition of a 2.568 acre easement for the construction and maintenance of a natural gas pipeline through agriculturally zoned property with an existing gas pipeline on one side. The initial offer was just over $294,000 so the benefit to the owner was over $245,000, an increase in compensation of 83.5%.
Successful Chapter 11 bankruptcy reorganization of long-time Miami Dolphins punter, Reggie Roby, including well-publicized successful effort to void his contract. Sun-Sentinel article about proceeding
Judgment for client, Board of Trustees of the Delray Beach Police and Firefighter’s Retirement System in a dispute between it and the City of Delray Beach over whether pay for holding certifications, such as paramedic or EMT, are to be included in earnings on which pensions are based. Additional pension payments for firefighters as a result of this judgment has been estimated to be well in excess of $500,000.
$390,000 paid in business and real estate damages to owner of a bookstore due to road widening. The initial aggregate offer was $230,000 and the benefit was $160,000, a 70% improvement in compensation.
$212,500 settlement in negligent security case after our client fled an early morning armed robbery at a restaurant and was chased and kicked and pistol-whipped by the robber, resulting in a concussion, laceration, and mental anguish.
$205,000 recovery in case involving fractured knee cap of resident at assisted living facility. The case had previously been rejected by 2 other lawyers, seemingly, because the injured woman suffered from osteoporosis and, therefore, was prone to injury.
$173,000 jury verdict including $100,000 in punitive damages (plus statutory attorney’s fees and costs) in a federal race and national original discrimination case where the Florida Commission on Human Relations had previously found no cause to believe that discrimination had occurred. The best offer made by the defendant prospective employer was $800. This case was confidentially resolved post-trial. Article in Florida Record
$170,000 jury verdict for father’s mental anguish in a case stemming from the wrongful death of his 23 year old son despite the fact that father had not seen his son in over 6 years and the father was in arrears in child support. This was also a very challenging liability case because the son was intoxicated when run over after walking into a street (issues of liability handled by co-counsel). No offer was ever made. Article in DBR.
$140,000 recovery for client who had post concussive syndrome (symptoms included headaches) after a ceiling panel in an elevator fell on her despite no objective evidence of condition.
$100,000 settlement in wrongful death case based on claim that police department negligently responded to call relating to individual who subsequently committed suicide.
$90,000 paid to homeowner’s association for sliver of common elements taken due to road widening where offer was $33,200. Benefit to the owner was $56,800, a 268% increase.
Branch Banking & Tr. Co. v. Hamilton Greens, LLC, 2017 WL 3393352 (11th Cir. 2017); Starling v. Board of County Commissioners, 602 F.3d 1257(11th Cir. 2010); Palm Beach County v. Cove Club Investors, Ltd., 734 So.2d 379 (Fla. 1999); Sunshine Properties, L.L.C. v. State, Department of Transportation, 900 So.2d 714 (Fla. 4th DCA 2005); Moore v. Palm Beach County, 731 So.2d 754 (Fla. 4th DCA 1999) (lead trial counsel only); Palm Beach County v. Cove Club Investors, Ltd., 692 So.2d 998 (Fla. 4th DCA 1997); Williams v. First Advantage LNS Screening Sols., Inc., 238 F.Supp.3d 1333 (N.D. Fla. 2017); Austrum v. Federal Cleaning Contractors, Inc., 190F.Supp.3d 1132 (S.D. Fla. 2016); Austrum v. Federal Cleaning Contractors, Inc., 149 F.Supp.3d 1343 (S.D. Fla. 2016); Austrum v. Federal Cleaning Contractors, Inc., 2016 WL 3526130 (S.D. Fla. 2016); Branch Banking v. Hamilton Greens, LLC, 2016 WL 3365270 (S.D. Fla. 2016), report and recommendation adopted in part, rejected in part sub nom. Branch Banking & Tr. Co. v. Hamilton Greens, LLC, 1180507CIVMARRAMATTH, 2016 WL 3251165 (S.D. Fla. 2016); Williams v. First Advantage LNS Screening Sols., Inc., 155 F.Supp.3d 1233 (N.D. Fla. 2015); Williams v. First Advantage LNS Screening Sols., Inc., 2015 WL 9690325 (N.D. Fla. 2015); Williams v. First Advantage LNS Screening Sols. Inc., 2015 WL 9690018 (N.D. Fla. 2015); Austrum v. Federal Cleaning Contractors, Inc., 2015 WL 6555081 (S.D. Fla. 2015); Austrum v. Federal Cleaning Contractors, Inc., 2015 WL 12860389 (S.D. Fla. 2015); Zamft v. Desantis, Gaskill, Smity & Shenkman, P.A., 2014 WL 11160322 (S.D. Fla. 2014); Starling v. Board of County Commissioners, 2009 WL 281051 (S.D. Fla. 2009); Starling v. Board of County Commissioners, 2009 WL 248369 (S.D. Fla. 2009); Hazara Enterprises, Inc. v. Motiva Enterprises, LLC, 126 F. Supp.2d 1365 (S.D. Fla. 2000); In re Larkin, 468 BR 431 (Bankr. S.D. Fla. 2012); In re Zaczac, 2011 WL 285681 (Bankr. M.D. Fla. 2011); In re Farkas, 343 B.R. 336 (Bankr. S.D. Fla. 2006); City of West Palm Beach v. Tyrone A. Finley, 18 F.L.W. Supp. 994b; Holiday C.V.S. v. Gary R. Nikolits, 17 F.L.W. Supp. 356 (Fla. 15th Cir. 2009); City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System, 17 F.L.W. Supp. 110 (Fla. 15th Cir. 2009); M.S.-S. V. Palm Beach County School Board, 2013 WL 1461144 (Fla. DOAH 2013).
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