David E. Cannella

Mr. Cannella has been the lead counsel in the following matters:

• Obtained 2012 arbitration award in excess of $570,000 on behalf of a liquor brand owner against a terminated distributor.
• Obtained a 2012 dismissal with prejudice of putative consumer class action against smart phone manufacturer.
• Obtained permanent injunctive relief in 2010 on behalf of a timeshare company against a “vacation club” that was using the client’s proprietary information to solicit guests and customers at the client’s Ocean Walk Resort in Volusia County.
• In 2010 AAA arbitration, won dismissal of antitrust claims, trademark claims and breach of contract claims brought by a former “alliance partner” against client, a leading provider of admixtures for specialty concrete.
• Representation of a telecommunications company in 2009 sued for $5 million in the United States District Court for the Southern District of Florida by a former system integrator provider for breach of contract and tortious interference with business in connection with the installation of telephone equipment and support on cruise ships. Plaintiff voluntarily dismissed claims with prejudice after Cannella filed motion for summary judgment. The telecommunications company paid nothing to the Plaintiff.
• Obtained a 2010 jury trial verdict in the United States District Court for the Middle District of Florida in excess of $2.4 million for an individual against a land development company that enforced certain restrictive covenants in a discriminatory manner in violation of the Fair Housing Act of 1968.
• Representation of a global nutraceutical company in defense of a commercial defamation matter.
• Bid protest before the Greater Orlando Aviation Authority on behalf of incumbent elevator, escalator, and moving sidewalk contractor at the Orlando International Airport (contract in excess of $2.6 million annually) (2009). 
• Bid protest before the Greater Orlando Aviation Authority on behalf of responsive and responsible low bidder for interior plant maintenance contract (2008). 
• Obtained 2006 jury trial defense verdict on behalf of a food manufacturer in a $550,000 case brought by a former distributor for defamation, fraud and breach of contract.
• Obtained 2007 permanent injunctive relief on behalf of a timeshare company whose members were being illegally solicited by a competitor that obtained confidential and proprietary trade secret information.
• Obtained 2007 summary judgment in construction defect case in the Middle District of Florida dispensing with Plaintiff’s claims against a home builder for violations of the Florida Deceptive and Trade Practices Act, implied warranty claims and building code claims arising from use of textured cement finish rather than full thickness stucco.
• Prosecution of a fraud claim against defendants who conspired in an illegal land flip scheme to defraud a bank in the amount of $600,000 (2005).
• Obtained 2002 jury trial defense verdict on behalf of an employer arising for negligent hiring in a civil battery case in which the plaintiff claimed a permanent brain injury.
• Obtained 2004 dismissal of claims against a financial planner for breach of fiduciary duty in connection with advice rendered in connection with the termination of a defined benefits plan.
• Obtained 2003 final summary judgment on behalf of an automotive manufacturer on grounds of spoliation of evidence.

In addition to the matters in which Mr. Cannella was lead counsel, his experience includes the following representative matters:

• Florida counsel for two on line travel companies (OTCs) sued by the Orange County Comptroller and Orange County in which the plaintiffs are seeking a declaration that the OTCs owe Tourist Development Tax on the difference between the wholesale rate and retail rate.
• Defense of a pharmaceutical company in wrongful death cases arising from alleged use of antidepressants.
• Defended automobile manufacturer in statewide class action suit alleging defects in a particular model of automobile used as a police car.
• 2004 and 2005 defense of a pharmaceutical company in mass tort action related to plaintiffs use of diet drugs.

Mr. Cannella has also appeared pro hac vice as lead counsel in Pennsylvania, Ohio, and Tennessee.