- Brinker v. Chicago Title Ins. Co., 8:10-cv-01199-JDW-AEP (M.D. Fla. March 30, 2012) (denying class certification because individualized issues of loss causation predominated in closing protection letter suit by condominium buyers who alleged that they would not have purchased units if attorney closing agent had made more or different disclosures).
- McGee v. Commonwealth Land Title Ins. Co., 2012 WL 263000 (M.D. Fla. Jan. 30, 2012) (order dismissing claims by condominium buyers that developer’s alleged failure to make required disclosures, secure administrative approval, and set aside sufficient common elements caused entire condominium regime to fail, creating a covered title defect).
- Brinker v. Chicago Title Ins. Co., 8:10-cv-01199-JDW-AEP (M.D. Fla. Sept. 9, 2011) (granting protective order against discovery of joint defense privileged communications between title insurance underwriter and title agent defending claims under closing protection letters).
- Represented a major title insurance underwriter in recouping the vast majority of a multi-million dollar title agent defalcation loss from its liability insurer, recovering a condominium purchased with stolen funds by the title agent, then coordinating with Florida’s officer of statewide prosecution to secure a 10 year prison sentence and a $6.8 million restitution order against the title agent’s principal.
- Corwin v. Lawyers Title Ins. Co., 276 F.R.D. 484, No. 09–13897, 2011 WL 3346824 (E.D. Mich. Aug. 1, 2011) (obtained denial of class certification in putative statewide consumer class action against title insurance underwriter alleging overcharging for title insurance premiums).
- Partell v. Lawyers Title Ins. Corp., No. 08-CV-166S, 2011 WL 4974730 (W.D.N.Y. Sept. 30, 2011) (order dismissing putative class action complaint based on the named plaintiffs’ failure to state a claim under Section 8 of the Real Estate Settlement Procedures Act (“RESPA”) and declining to exercise supplemental jurisdiction over remaining state-law claims).
- Macula v. Lawyers Title Ins. Co., 272 F.R.D. 214 (N.D. Ohio 2011) (order finding case moot and that court lacked subject-matter jurisdiction due to denial of class certification and Rule 68 offer of judgment for amount of named plaintiff's individual claim).
- Macula v. Lawyers Title Ins. Co., 264 F.R.D. 307 (N.D. Ohio 2009) (obtained denial of putative statewide consumer class action against title insurance underwriter alleging overcharging for title insurance premiums).
- Hoving v. Lawyers Title Ins. Corp., 256 F.R.D. 555 (E.D. Mich. 2009) (obtained denial of class certification in putative multistate class action alleging overcharging for title insurance premiums).
- Smith v. Lawyers Title Insurance Corp., No. 07-12124, 2009 WL 514210 (E.D. Mich. Mar. 2, 2009) (obtained dismissal of putative multistate class action alleging violations of RESPA, unfair trade practices, and unjust enrichment based on alleged overcharging for title insurance).
- Commonwealth Land Title Ins. Co. v. Higgins, 975 So. 2d 1169 (Fla. 1st DCA 2008) (granting writ of certiorari to quash a trial court discovery order that had required the production of over 300,000 title agent closing files in a putative class action involving title insurance rates).
- Lehman Bros. Holdings, Inc. v. Hirota, et al., 2007 WL 1471690, No. 8:06-CV-2030 (M.D. Fla. May 21, 2007) (granting motion to dismiss on economic loss rule grounds of negligence, fraud and conspiracy claims against title insurer and closing agent that were based on same facts as breach of closing instruction and breach of closing protection letter contract claims).
- Penberthy v. AT&T Wireless, 354 F. Supp. 2d 1323 (M.D. Fla. 2005) (granting client AT&T Wireless’ motion to compel arbitration; the subsequent week-long arbitration trial resulted in award in favor of AT&T Wireless).
- Insurdata Marketing Services, LLC v. Fiserv, 352 F. Supp. 2d 1252 (M.D. Fla. 2005) (granting motion for summary judgment in favor of client Insurdata Marketing Services, LLC).
- Chicago Title Co. v. Alday-Donalson Title Co. of Florida, Inc., 832 So. 2d 810 (2d DCA 2002) (affirming dismissal and summary judgment in favor of client Stewart Title Guaranty Company).
- Siedle v. National Association of Securities Dealers, 248 F. Supp. 2d 1140 (M.D. Fla. 2002) (obtained dismissal of complaint alleging that NASD's online "click agreement" could not be enforced to prevent republication of NASD data).
- Represented a major title insurance underwriter in coordinating resolution of claims stemming from a multi-million dollar title agent defalcation, successfully obtaining a $1.89 million restitution order and coordinating with criminal authorities who obtained a five year jail term for the principal of the title agent.
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