Representative Matters

All
  • All
  • Business Litigation
  • Intellectual Property
  • Media and Entertainment
  • Rule-Making/Legislation

Media and Entertainment

McClatchy Company, LLC v. Florida Department of Children and Families, Case No. 2021-003289-CA-01 (Fla. 11th Jud. Cir. May 2023). Won final summary judgment and attorney’s fees in a public records action to obtain the full case file of a 22-month-old toddler who died while in the custody of DCF. The court agreed that Florida statutes made these records public upon a determination of that the child died of abuse, abandonment, and neglect, determined that DCF wrongfully withheld these records and filed a frivolous appeal, and awarded over $370,000 in trial and appellate fees and costs.

Media and Entertainment

Klayman v. Cable News Network, Inc., 2023 WL 2027843 (11th Cir. 2023). Assisted with successful trial court defense of libel action against CNN and affirmance of dismissal on appeal.

Intellectual Property

Constructive Resource Inc. v. Osborne

No. 94002983, 2022 WL 1000234 (T.T.A.B. Mar. 11, 2022). Won summary judgment in favor of owner of federal trademark registration before U.S. Patent & Trademark Office Trademark Trial and Appeal Board.

Intellectual Property

Osborne v. Constructive Resource Inc., Proceeding No. 94002983 (TTAB 2022). Obtained summary judgment in favor of owner of federal trademark registration before U.S. Patent & Trademark Office Trademark Trial and Appeal Board.

Media and Entertainment

Zimmerman v. Fulton et al., (Fla. 2d Jud. Cir. 2022). Obtained a dismissal with prejudice of a libel suit brought by George Zimmerman against Ben Crump and HarperCollins Publishing arising out of Mr. Crump’s book ”Open Season: Legalized Genocide of Colored People.” 

Rule-Making/Legislation

Fla. Stat. § 768.295 (Florida’s anti-SLAPP law). Testified before legislative committees, and analyzed, participated in drafting, and helped organize efforts to pass Florida’s broadened anti-SLAPP law.

Media and Entertainment

NetChoice, LLC v. Attorney Gen. Florida, 34 F.4th 1196 (11th Cir. 2022). Represented amicus curiae supporting Internet platforms’ successful challenge to Florida law attempting to regulate social media content.

Business Litigation

Rashid v. Klapwijk, No. 2019-CA-008887-0 (Fla. 9th Jud. Cir. Ct. 2021), aff’d, 350 So. 3d 71 (Fla. 5th DCA 2022) (table), Won dismissal of lawsuit seeking more than 3 million dollars for fraud and breach of guaranty by persuading court that it lacked personal jurisdiction over defendant.

Defamation/Invasion of Privacy, Media and Entertainment

Eduardo Quin Iglesias v. WPLG, et al., 350 So.3d 751 (Fla. 4th DCA 2022). Obtained affirmance of summary judgment in defamation case based on, among other things, truth and fair report privilege.

Business Litigation

Tymar Distribution LLC v. Mitchell Group USA, LLC and Rivelle Products, Inc., No. 21-21976-CIV-Altonaga/Torres, 2021 WL 4077966 (S.D. Fla. Sept. 8, 2021). Won dismissal of tortious interference and FDUTPA claims brought against company providing brand-protection services on amazon.com.

Media and Entertainment

Children’s Health Defense v. Facebook Inc., et al., No. 20-cv-05787-SI (N.D. Cal. June 29, 2021).  Represented the Poynter Institute for Media Studies, Inc. in obtaining dismissal of lawsuit brought by anti-vaccine group alleging Poynter, through its PolitiFact fact-checking service and its operation of the International Fact-Checking Network, conspired with Facebook and government authorities to prevent it from promoting its views on Facebook and otherwise diminish its message in favor of government viewpoints on vaccine policy.  All claims alleged under Bivens, Lanham Act false advertising, civil RICO, and a final claim for declaratory relief were dismissed.

Defamation/Invasion of Privacy

Corsi v. Newsmax Media, Inc., 519 F. Supp. 3d 1110 (S.D. Fla. 2021). Assisted with successful defense of defamation action against network arising from live news broadcast.

Defamation/Invasion of Privacy

Eric Readon v. WPLG, et al., 317 So.3d 1229 (Fla. 3rd DCA 2021). Obtained affirmance of dismissal of $50 million defamation suit filed by local pastor and community leader based on, among other things, truth and fair report privilege.

Defamation/Invasion of Privacy

Ener v. Duckenfield, et. al

No. 20-cv-22886-UU (S.D. Fla. Sept. 29, 2020). Won dismissal of defamation claim and award of attorneys’ fees under Florida’s Anti-SLAPP law.