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Results

TLo lawyers have achieved positive and substantial results for our clients in a wide range of litigation matters, including business disputes, defamation and invasion of privacy claims, intellectual property suits, and access to public records and proceedings/Freedom of Information Act claims. We also have been leaders in advocating for legislation and judicial rules consistent with our commitment to free speech and a free press. Some examples of our results-driven advocacy include:

  • 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.

  • DeMartini v. Town of Gulfstream, et al., 942 F.3d 1277 (11th Cir. 2019). Won affirmance of summary judgment on malicious prosecution claim arising from public records dispute and related RICO lawsuit.

  • Grigorian v. FCA US, LLC (S.D. Fla. 2019).  Obtained voluntary dismissal of indemnity and breach of contract claims against advertising agency in TCPA class action case.

  • Ayers v. State Farm Mutual Automobile Insurance Company, 2018 WL 375719 (M.D. Fla. 2018). Obtained protective order to preclude depositions of employees that were beyond scope of discovery and recovered attorneys' fees.

     

  • Reel v. McFarland, et al.  (S.D. Fla. 2018).  Achieved voluntary dismissal of class action claims against advertising agency arising from failed Fyre Festival musical event.

  • Salvani v. ADVFN PLC, Case No. 14-3994-CV, 2015 WL 5894090 (2d Cir. Oct. 9, 2015). Convinced Second Circuit Court of Appeal to affirm dismissal of claims under the Securities Exchange Act against a website publisher.

  • Medytox, et al. v. InvestorsHub.com, 152 So. 3d 727 (Fla. 4th DCA 2014). Affirmed dismissal of defamation claim based upon client’s immunity as an internet service provider under the Communications Decency Act, and successfully argued in Florida and U.S. Supreme Courts to deny further review.

  • Quade v. Entertainment Events, Inc. (Amer. Arb. Ass'n, Case No. 13 140 Y 00169 07) (2011). Won million dollar breach-of-contract verdict for producer of off-Broadway plays.
  • Davis v. Avvo, 2011, No. 8:10-cv-2352-T-27 TBM, WL 4063282 (M.D. Fla. Sept. 13, 2011). Convinced court to enforce Terms Of Use for attorney-ratings website, resulting in transfer of case to jurisdiction with favorable anti-SLAPP statute; transfer lead to dismissal of case and award of attorney’s fees.
  • O’Barry v. Ocean World, SA, 17 So. 2d 1286 (Fla. 4th DCA 2009). Protected client from improper financial discovery in tortious interference case.
  • Xerox Corp. v. Smartech Document Management, Inc., 979 So. 2d 957 (Fla. 3d DCA 2007). Won decision ordering company and its principal to arbitrate dispute with Xerox.
  • Yakavonis v. Dolphin Petroleum, Inc., 934 So. 2d 615 (Fla. 4th DCA 2006). Won affirmance of trial court’s award of attorney’s fees to defendant in personal injury action.
  • Carter v. Frito-Lay, Inc., 144 Fed. Appx. 815 (11th Cir. 2005). Won affirmance of dismissal of product liability claims.

  • Arabian Amer. Oil. Co. v. Scarfone, 713 F. Supp. 1420 (M.D. Fla. 1989), aff'd 939 F.2d 1472 (11th Cir. 1991). Litigated RICO claim for ARAMCO against architect who submitted false and fraudulent invoices, resulting in judgment in excess of $10,000,000.

  • 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.

  • Gary Marder, et al. v. TEGNA Inc., et al., No. 19-81283-CIV-SMITH, 2020 WL 3496447 (S.D. Fla. June 29, 2020). Won dismissal of defamation claims against TEGNA, Gannett Co., Inc. and News Corp. brought by a South Florida physician seeking over $200 million in damages.

  • W.P. Productions, Inc. v. Tramontina U.S.A., Inc. and Sam’s West, Inc., No. 18-cv-63162, 2020 WL 3566400 (S.D. Fla. June 12, 2020). Representing a manufacturer of cookware sets sold to major U.S. retailers, won summary judgment on 15 million dollar defamation and tortious interference claims.

  • Bernstein, et al. v. Larson Shannahan Slifka Group, LLC, et al. (Fla. 13th Jud. Cir. Ct. 2020). Won dismissal with prejudice, based upon official immunity, of defamation and conspiracy claims arising out of ammunition procurement contract for U.S. Special Operations Command.
  • Rodriguez v. OfferUp, Inc., et al., Case No. 8:19-CV-1290-T-30SPF (M.D. Fla. Aug. 29, 2019).  Won dismissal with prejudice of fraud and negligence claims against internet service provider based upon Section 230 of the Communications Decency Act.
  • Gottwald v. Geragos, et al., N.Y. County Index No. 162075/14, 2019 WL 1938517 (N.Y. App. Div. May 2, 2019).  Obtained affirmance of discovery order in representation of celebrity-lawyer Mark Geragos’ law firm in a defamation brought by famed music producer Lukasz “Dr. Luke” Gottwald.
  • Russell v. Waterman Broadcasting Corp, et al. (Fla. 20th Jud. Cir. 2019).  Won summary judgment for reporter in public official defamation lawsuit brought by state attorney.
  • Folta v. The New York Times Company, et al., No. 1:17-cv-256-MW/GRJ, 2019 WL 486776 (N.D. Fla. Feb. 27, 2019), appeal dismissed, No. 19-10988-HH (11th Cir. Apr. 9, 2019).  Won summary judgment for The New York Times and journalist Eric Lipton in defamation case involving news story profiling relationships between public university professors and the biotechnology and organic food industries concerning the safety and regulation of G.M.O. food products.   
  • Nix & DNA Sports Performance Lab, Inc., v. ESPN, Inc., et al. (S.D. Fla. 2018), aff’d 2019 WL 2142038 (11thCir. 2019). Won dismissal of libel action against Associated Press, ESPN and USA Today brought by former professional baseball player.
  • Santilli v. Van Erp, 2018 WL 2172554 (M.D. Fla. April 20, 2018), objections overruled and report and recommendation adopted, 2018 WL 2152095 (M.D. Fla. May 10, 2018), motion to dismiss granted, 2018 WL 3956309 (M.D. Fla. Aug. 17, 2018).  Successfully opposed motion for preliminary injunction and obtained dismissal of defamation and tortious interference case. 
  • Medytox, et al. v. InvestorsHub.com, 152 So.3d 727 (Fla. 4th DCA 2014). Affirmed dismissal of defamation claim based upon client’s immunity as an internet service provider under the Communications Decency Act, and successfully argued in Florida and U.S. Supreme Courts to deny further review.
  • Angelastro v. Sarasota Herald-Tribune, 145 So. 3d 838 (Fla. 2d DCA 2014). Won summary judgment in favor of newspaper defendant in a defamation suit.
  • Grund v. Am. Media, Inc., 117 So. 3d 425 (Fla. 4th DCA 2013). Convinced appellate court to affirm summary judgment in favor of publisher on privilege grounds in a defamation case pertaining to client’s reporting on the high profile prosecution of Casey Anthony.
  • Canonico v. Calloway, 26 So. 3d 53 (Fla. 2d DCA 2010). Won decision dismissing defamation claim brought by reality-television producer against television network and reporter.
  • Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008). On behalf of a consortium of media companies, convinced Florida Supreme Court not to adopt tort of false light invasion of privacy in Florida.
  • Casita, L.P. v. Maplewood Equity Partners, L.P., 960 So. 2d 854 (Fla. 3d DCA 2007). Defeated allegations of personal jurisdiction in a defamation and tortious interference case based on non-resident defendants’ alleged statements published outside of the state.
  • Holt v. Tampa Bay Television, Inc., 976 So. 2d 1106 (Fla. 2d DCA 2007). Successfully defended against online-content claims in case of first impression extending traditional media defenses to Internet publication.
  • Lusczynski v. Tampa Bay Television (2006). Won jury verdict for WFTS-TV in defamation and false light case brought by three police officers.
  • Fletcher v. South Fla. Sun Sentinel, 13 Fla. L. Weekly Supp. 451b, 34 Media L. Rep. (BNA) 1952 (Fla. 17th Cir. Ct. January 30, 2006). Won affirmance of summary judgment for defendant in defamation action.
  • Tyne v. Time-Warner Entertainment, Co., 901 So.2d 802 (Fla. 2005). Persuaded Florida Supreme Court to affirm right of the producers of The Perfect Storm to create a movie depicting historical events without having to obtain consent of individuals portrayed in the movie.
  • Stewart v. Sun-Sentinel Co., 360 So. 2d 695 (Fla. 4th DCA 1997). Won affirmance of summary judgment in defamation action.
  • Magnum Towing, Inc. v. Sunbeam Television Corp., 6 Fla. L. Weekly Supp. 417 (Fla. 11th Cir. Ct. November 7, 1997). Obtained summary judgment for defendant in libel action.
  • Miami Child’s World, Inc. v. Sunbeam Television Corp., 336 So. 2d 669 (Fla. 3d DCA 1996). Won affirmance of summary judgment in defamation action.
  • Woodard v. Sunbeam Television Corp., 616 So. 2d 501 (Fla. 3d DCA 1993). Obtained summary judgment in defamation and invasion of privacy action.
  • Bass v. Post-Newsweek Stations of Florida, Inc., 24 Media L. Rep. (BNA) 1991 (Fla. 11th Cir. Ct. February 7, 1996). Obtained dismissal of defamation action against television news stations.
  • 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.
  • 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.

  • Rodriguez v. OfferUp, Inc., 8:19-cv-1290-T-30SPF (M.D. Fla. 2019): Obtained, as local counsel, a dismissal with prejudice of tort claims against an Internet service provider (ISP) based on Section 230 immunity. 

  • Porkka v. University of South Florida Board of Trustees, No. 3:17-cv-245-J-25JRK,  2018 WL 2717235 (M.D. Fla. Feb. 16, 2018).  Obtained dismissal of copyright infringement case on behalf of state university.
  • Spectrum Video Productions, Inc. v. Charter Communications, Inc., et al., Case No. 8:17cv1909-SDM-TBM (M.D. Fla. 2017).  Represented television and video production company in trademark infringement action against national cable television company.

  • Opacmare USA, LLC v. Lazzara Custom Yachts, LLC, et al., Case No. 8:16-cv-03288-VMC-JSS (M.D. Fla. 2016).  Obtained voluntary dismissal of trademark infringement and counterfeiting claims relating to famous yacht-design mark.

  • Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015).  Reversed cybersquatting verdict and convinced court that plaintiff failed to establish trademark rights.
  • MoistTech Corp. v. Sensortech Systems, Inc., No. 8:15-cv-00434-EAK-TBM,  2015 WL 3952341 (M.D. Fla. June 26, 2015). Obtained transfer of Lanham Act case to California.
  • Youngevity International, Inc. v. Renew Life Formulas, Inc., 42 F. Supp. 3d 1377 (S.D. Cal. 2014). Won order staying retaliatory Lanham Act case in California and permitting our client’s first filed case to proceed in Florida.
  • Martinick et al v. Media Visions, Case No. 13-61148, 2013 WL 12049083  (S.D. Fla. Nov. 21, 2013). Obtained denial of preliminary injunction and dismissal of complaint alleging unfair competition under the Lanham Act.
  • Bond & Co. Jewelers, Inc. v. Texas Int'l Property Associates, Claim No. FA0703000937650 (Nat'l Arb. Forum April 30, 2007).   (http://www.adrforum.com/domaindecisions/937650.htm). Obtained order compelling transfer of domain name.
  • Tribune Co. Holdings, Inc. v. Times Pub. Co., 2006 WL 680804 (M.D. Fla. 2006). Obtained preliminary injunction halting adoption of infringing trademark by rival newspaper.

  • State of Florida v. Dylan Christopher Farley (Fla. Cir. Ct. 2019).  On behalf of the (Fort Myers) News-Press, obtained order vacating prior order restricting news media from photographing, filming, recording or subsequently publishing images of participants in drug court proceedings without their prior consent.

  • School Board of Broward County v. Cruz (Fla. Cir Ct. 2018); State v. Cruz (Fla. Cir. Ct. 2018).  Successfully defended the South Florida Sun Sentinel and journalists against contempt petition relating to publication of an unredacted version of an educational assessment report about Parkland shooter Nikolas Cruz.  

  • State Attorney’s Office of 17th Jud. Cir. v. Cable News Network, Inc., 251 So. 3d 205, (Fla. 4th DCA 2018), review denied (Fla. 2018). On behalf of a consortium of media companies, obtained surveillance video of law enforcement’s response to the Parkland school shooting, defeating argument that video was exempt from disclosure.

  • CNN v. Broward County Sheriff’s Office (Fla. 17th Jud. Circ. 2018). On behalf of a consortium of media companies, obtained the release of surveillance video recordings over asserted exemptions in a high-profile criminal case.  

  • Department of Corrections v. Amanda St. Hilaire and ABC 27 News, 128 A.3d 859 (Pa. Commw. Ct. 2015). Successfully represented television news station and reporter in Pennsylvania open records appeal by Department of Corrections regarding access to inmate injury records.  

  • Bainter v. League of Women Voters of Florida, 150 So. 3d 1115 (Fla. 2014). Successfully represented national coalition of media parties in friend-of-the-court capacity seeking access to sealed evidence considered by trial court in determining whether state legislature’s redistricting plan was constitutional.
  • NCAA v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). Successfully litigated Florida Public Records Act case against Florida State University and the NCAA for access to documents related to a cheating scandal at the University.
  • Epstein v. State, 16 So.3d 315 (Fla. 4th DCA 2009). Obtained information contained in federal plea agreement in high profile criminal case under Florida’s Public Records Act.
  • Sun-Sentinel Co. v. U.S. Dep’t of Homeland Security, 489 F.3d 1173 (11th Cir. 2007). Obtained addresses of persons requesting FEMA assistance after 2004 hurricanes under Freedom of Information Act.
  • Media General Operations, Inc. v. State, 933 So.2d 1199 (Fla.2d DCA 2006). Obtained ruling that the media is entitled to review motion seeking to seal discovery materials and that the motion itself cannot be sealed.
  • Sarasota Herald-Tribune v. State, 924 So. 2d 8 (Fla. 2d DCA 2005). Convinced appellate court that crime scene photographs shown to jury in murder trial were subject to inspection by media.
  • Sarasota Herald-Tribune v. State, 916 So. 2d 904 (Fla. 2d DCA 2005). Invalidated trial court order prohibiting publication of juror names and prohibiting photographing jurors as prior restraint.
  • In re Records of Dep’t of Children and Family Services, 873 So. 2d 506 (Fla. 2d DCA 2004). Obtained access to DCF records for newspaper client and clarified good-cause standard for obtaining confidential DCF records.
  • U.S. v. Diaz, 2004 WL 1944851, 32 Media L. Rep. (BNA) 1794 (S.D. Fla. April 27, 2004). Obtained order quashing subpoena for testimony of television news reporter.
  • Fla. Dep’t of Children & Families v. Sun-Sentinel, Inc., 839 So. 2d 790 (Fla. 4th DCA 2003), aff’d in part, rev’d in part, 865 So. 2d 1278 (Fla. 2004). Won affirmance of decision refusing to limit access to public records by enforcing home venue rule for government agencies.
  • SCI Funeral Services of Florida, Inc. v. Light, 811 So.2d 796 (Fla. 4th DCA 2002). Convinced appellate court to affirm trial court’s refusal to limit public access to discovery materials.
  • Butterworth v. Smith, 494 U.S. 624 (1990). Obtained ruling from the U.S. Supreme Court that law prohibiting a reporter from disclosing the content of his own grand jury testimony violated the First Amendment.

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.

Remote Access to Court Records. For nearly a decade, lead national and statewide media coalition advocating for remote access to Florida court records; many Florida counties are now moving from remote access pilot programs to full production. See

  • In re Amendments to Fla. R. Jud. Admin. 2.420, 153 So. 3d 896 (Fla. 2014).
  • In re Implementation of Committee on Privacy & Court Records Recommendations, 80 So. 3d 317 (Fla. 2012)
  • In re Amendments to Fla. R. Jud. Admin. 2.420 & Fla. R. App. P., 31 So. 3d 756 (Fla. 2010).
  • In re Amendments to Fla. R. Jud. Admin. 2.420 – Sealing of Court Records & Dockets, 954 So. 2d 16 (Fla. 2007).

Advocated and testified in favor of amendments to Judicial Rules and Rules of Appellate Procedure in favor of open access to court records. See

  • In re Amendments to Fla. R. App. P., 2 So. 3d 89 (Fla. 2009).
  • In re Amendments to R. Jud. Admin. (Two-Year Cycle), 915 So. 2d 157 (Fla. 2005).