Appellate

Notable Experience

• Represented BBX Capital Corporation (formerly BankAtlantic Bancorp) and its Chairman and CEO Alan Levan in a U.S. Securities and Exchange Commission (SEC) enforcement action alleging that BBX had concealed loan risks. After a six-week trial and adverse jury verdict, we appealed a number of substantive district court rulings, including an erroneous partial summary judgment on one of the key issues in the case. The Eleventh Circuit, with the benefit of oral argument, reversed the district court and remanded for a new trial. Mr. Levan and BBX prevailed in the second six-week trial, with the jury rejecting every claim asserted by the SEC.
• Represented All Aboard Florida in a federal action challenging the U.S. Department of Transportation’s allocation of tax-exempt private activity bond authority to the All Aboard Florida Project – an express passenger rail system that connects the four largest urban population centers in Southern and Central Florida, namely, Miami, Ft. Lauderdale, West Palm Beach, and Orlando. The action also challenged the Final Environmental Impact Statement and corresponding Record of Decision for the portion of the All Aboard Florida Project between West Palm Beach and Orlando. Following extensive briefing and oral argument, the district court entered a lengthy Memorandum Opinion and Order granting summary judgment in favor of the U.S. Department of Transportation and All Aboard Florida on all claims asserted.  Firm was the principal drafter of All Aboard Florida’s briefs in the District Court and the subsequent appeal to the D.C. Circuit, which resulted in a unanimous opinion affirming the grant of summary judgment in all respects. The U.S. Supreme Court denied Indian River County’s Petition for Writ of Certiorari, bringing to an end the six-year effort to derail the passenger rail service from West Palm Beach to Orlando.
• Defended vacation ownership company Bluegreen Vacations Unlimited, Inc. against a proposed class action filed in the U.S. District Court for the Southern District of Florida asserting claims under the Telephone Consumer Protection Act (TCPA) and seeking damages of over $420 million dollars. After oral argument, the Eleventh Circuit affirmed the district court’s denial of class certification.
• Secured victory for a property owner on an issue of first impression under Florida’s Bert J. Harris, Jr. Private Property Rights Protection Act. Specialists in the property rights arena closely followed this litigation, given that only a handful of appellate decisions govern this space. The City of Miami had amended its Mural District Ordinance to prohibit our client from continuing to display large advertising murals facing Interstate 195. The Third District Court of Appeal unanimously reversed the final summary judgment in favor of the City of Miami, holding that although the advertising permittee under the City’s mural program may not have any vested rights in a permit, the owner of real property within the Mural District nonetheless could plead a claim under the Bert Harris Act.
• Served as counsel in a multi-million dollar class action against Exxon Corporation that reached the U.S. Supreme Court. We represented a class of Exxon dealers who alleged that Exxon had breached uniform sales agreements in setting fuel prices and fraudulently concealed the breach for years. We obtained a jury verdict against Exxon for compensatory damages of approximately $500 million dollars, and with prejudgment interest, the total award was approximately $1 billion dollars, making it the largest compensatory damage award by a Florida jury. The Eleventh Circuit unanimously affirmed the jury’s verdict. The U.S. Supreme Court then granted certiorari review, and, after additional briefing and oral argument, affirmed the Eleventh Circuit.
• Argued a case of first impression before the U.S Court of Appeals for the Ninth Circuit on the issue of whether a private right of action exists under the Federal Food, Drug and Cosmetic Act to compel the listing of a pharmaceutical patent with the U.S. Food and Drug Administration (FDA). The appeal originated from a lower court judgment in favor of our client, and the case was settled in favor of our client shortly after oral argument on the appeal.
• Successfully obtained certiorari relief to prevent the deposition of Chewy Inc.’s CEO under Florida’s Apex Doctrine. We represented the company in a corporate libel, defamation, and unfair competition action against its competitor. The competitor sought to depose Chewy’s CEO regarding public statements made by the CEO. After we thoroughly briefed the issues in the trial and appellate courts, Florida’s Fourth District Court of Appeal quashed the trial court order requiring the deposition. In a precedential opinion, the Fourth DCA outlined in detail the procedural and substantive requirements under the Apex Doctrine and held that the trial court order departed from essential requirements of law.