Admissions/Education

ADMISSIONS, PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

Jim is a member of the Florida Bar and is admitted to practice before the U.S. District Court for the Southern District of Florida, the U.S. District Court for the Middle District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. Jim is also a member of the Dade County Bar Association, American Bar Association, Defense Research Institute and Defense Research Institute’s Lawyers’ Professionalism and Ethics Committee and Global Register’s Who’s Who in Executives and Professionals 2006-2007.

EDUCATION

University of Miami School of Law, Miami, Florida, Juris Doctor, 1973

Representative Cases

Obtained voluntary dismissal of suit against consulting engineers in claims for negligence and defects in maintenance of traffic plans on expressway construction site resulting in severe personal injuries to four passengers of vehicle involved in a seven-car accident. Secured voluntary dismissal of litigation against engineers on roadway construction project who were charged with failing to follow maintenance of traffic plans resulting in multiple orthopedic and brain damage injuries after plaintiff fell from his motorcycle attempting to avoid another vehicle in work area. Represented roofing contractor in multiparty litigation alleging defects in roof resulting in water intrusion leading to mold in a twenty-three-story building residential apartment complex and requiring the residents to move from the buildings during clean up resulting in damages in excess of $13,000,000.00 dollars. Case was ultimately resolved against the roofing contractor for $35,000.00 dollars. Secured final summary judgment, which was then affirmed on appeal, on behalf of consulting engineer in wrongful death litigation based upon alleged defects in road construction project.

Obtained a favorable, early resolution for a homeowner’s association in litigation brought by an employee for alleged retaliatory employment practices in violation of the Whistle-blower provisions of the occupational Safety and Health Act. Secured a final summary judgment for engineering firm on claim brought by husband and wife for personal injuries as a result of an allegedly defective roadway construction work site. Represented high profile, world class luxury hotel chain and obtained a Judgment as a Matter of Law at the conclusion of Plaintiffs’ case in Federal litigation based upon alleged breach of contract, fraud and conspiracy.

Obtained final summary judgment of individual members of the board of directors of corporation brought against them for breach of fiduciary duties, failure to advise other board members of all pertinent information and failure to act in the best interest of the corporation. Obtained a full defense verdict after Federal jury trial on behalf of condominium association who was sued by resident alleging handicapped discrimination and failure to provide a reasonable accommodation under the provisions of the Fair Housing Act. Secured a final summary judgment in favor of homeowner’s association and its members of the board of directors who were accused of breach of contract, fraud and breach of fiduciary duties.

Obtained a finding of “No Reasonable Cause” to believe an employment discrimination practice had occurred in favor of an employer accused of wrongful termination, discrimination on the basis of race and age. Resolved a high profile legal $24,000,000.00-dollar malpractice claim against attorney and his firm based upon allegations on negligence in drafting loan modification agreement for a de minimis amount. Obtained a voluntary dismissal of claims for severe personal injuries brought against temporary employment agency for alleged negligence of its employee while working for the general contractor on a project. In addition, recovered clients’ attorney’s fees and costs from cross-claim co-defendant. Represented school district in litigation with former employee alleging wrongful termination and retaliation. Secured a quick resolution sustaining termination and no re-hire provision.

Represented a private country club in EEOC claim brought by employee alleging racial and age discrimination resulting in finding of “No Probable Cause” to believe any discrimination had occurred. Represented insurance carrier in litigation with insured over denial of coverage of claim resulting in very favorable settlement of claim at appeal. Represented excess insurance carrier in $10,000,000.00 claim brought by brain damaged plaintiff as a result of a horrific car vs. dump truck accident. Matter was eventually settled with excess carrier for nuisance value. Obtained a final summary judgment, which was affirmed on appeal, on behalf of condominium association and its property manager and his company brought for damages for breach of contract, conspiracy and triple damages for civil theft in excess of $2,175,000.00 by public adjuster. In addition, obtained judgment for all defendants’ attorneys’ fees and costs from the public adjuster. Represented homeowner’s association in Federal litigation and secured it a final summary judgment on all claims brought by a prospective tenant for breach of contract and racial discrimination under Fair Housing Act.

Represented property manager and her company in Federal litigation and obtained a full jury defense verdict of all claims of discrimination and failure to provide reasonable accommodations under the Fair Housing Act. Represented prominent healthcare facility and secured a determination of “No Reasonable Cause” of racial discrimination or retaliation based upon claims of derogatory racial slurs and bigoted actions of employer and its officers and doctors. Represented engineering firm on allegations of failure to perform duties of Special Inspector leading to widespread structural instability leading to $8,000,000.00 in damages.

Obtained minor settlement contribution on behalf of client. Representing law firm and its lawyers in high profile multiparty litigation seeking in excess of $7,000,000.00 for claims of tortious interference with business contract between firms’ former clients. Representing law firm and its lawyers in high profile multiparty litigation alleging damages to the owner of two vacant lots in a homeowner’s association of $150,000,000.00 in addition to a sought-after tenfold multiplier as punitive damages, arising out of negligence, abuse of process and conspiracy resulting from a recording anomaly in the association’s documents.

Representing condominium association and a member of its board of directors related to issues of the associations right of first refusal option to purchase or assign that right to another entity relating to commercial units.  Litigation damages are asserted to be in excess of $43,000,000.00 dollars. Representing condominium association against a $2,100,000.00 claim by association’s marina operator of breach of contract relating to termination of contract, and maintenance, upkeep and rebuilding of deteriorating dock. Representing third party administrator of pension plan relating to trustees of pension trust claims of breach of fiduciary duty under ERISA and of breach of contract resulting in excess of $600,000.00 in damages.