Mr. Weiss’ experience in the telecommunications litigation area includes:
- Prosecuting claims of behalf of several major wireless telephone services providers in litigation throughout the United States involving claims to combat retail subsidy fraud; intellectual property violations and other fraud prevention matters. Mr. Weiss has assisted these clients with obtaining awards totaling over a quarter of a billion dollars against hundreds of defendants. Some of the results Mr. Weiss has obtained in this area include:
- TracFone Wireless, Inc. v. GCA Electronics, LLC, 950 F. Supp. 2d 1326 (N.D. Ga. 2013) (awarding Mr. Weiss’ client in $7,740,000.00 in monetary sanctions against the defendant);
- TracFone Wireless, Inc. v. Trung Truc, 281 F.R.D. 692 (S.D. Fla. 2012) (awarding Mr. Weiss’ client $184,913.94 in damages).
- T-Mobile USA, Inc. v. Begum, 2011 WL 4090930 (E.D.N.Y. August 17, 2011) (granting final judgment and permanent injunction in favor Mr. Weiss’ client).
- TracFone Wireless, Inc. v. Holden Property Services, LLC, --- F.R.D. ----, 2014 WL 1911876 (S.D. Fla. April 16, 2014) (granting Mr. Weiss’ client the right to expedited discovery to prosecute fraud claims).
- Defending mobile service provider in class action alleging that retailer overcharged sales tax. Metropcs Communications, Inc., v. Porter, 114 So. 3d 348 (Fla. 3rd DCA 2013).
- In the course of his work in the telecommunications fields, Mr. Weiss has been at the forefront in extending new methods of service of U.S. legal process to defendants. His efforts in this area have resulted in six separate published federal court opinions, including:
- TracFone Wireless, Inc. v. Bequator Corp., Ltd., 717 F. Supp. 2d 1307 (S.D. Fla. 2010) (finding that service can be made to a defendant in Hong Kong by U.S. Mail).
- TracFone Wireless, Inc. v. Washington, 290 F.R.D. 686 (M.D. Fla. 2013) (service may be made to a defendant in Peru by FedEx).
- TracFone Wireless, Inc. v. Bitton, 278 F.R.D. 687 (S.D. Fla. 2013) (service may be made to a defendant in Vietnam by email).
Mr. Weiss’ extensive experience in TCPA litigation includes:
- Multiple class action cases relating to alleged violations of the federal Telephone Consumer Protection Act. These representations include: Aqualogic, Inc. v. Sabon, Inc., 120 So.3d 566 (Fla. 4th DCA 2013) and Guarisma v. Adcahb, 13-cv-21016 (S.D. Fla. 2013).
- Obtaining dismissal of TCPA claim based on argument that allegations relating to autodialing were not plausible. McGinity v. Tracfone Wireless, Inc., --- F. Supp. 2d ----, 2014 WL 1202950 (M.D. Fla. March 11, 2014).
- Obtaining decision finding that TCPA claims are subject to contractual jury trial waiver. Newton v. Wells Fargo Bank N.A., 2013 WL 5854520 (M.D. Fla. Oct. 30, 2013).
- Obtaining order finding that TCPA claims are subject to arbitration. Levingston v. TracFone Wireless, Inc., 13-cv-08265, slip.op. (D. Ariz. Feb. 28, 2014).
- Obtaining dismissal of TCPA claims where plaintiff sought recovery for pre-recorded voice calls while alleging they spoke with a live person from defendant’s company. Duran v. Wells Fargo Bank, N.A., 878 F. Supp. 2d 1312.
- Mr. Weiss also routinely counsels clients on TCPA compliance.
Mr. Weiss’ experience in the class action area includes:
- Affirmance of dismissal of putative class action alleging unlawful check cashing fees. McDaniel v. Fifth Third Bank, No. 2D15-464, ___ So. 3d ___ (Fla. 5th DCA June 7, 2016).
- Representation of a large timeshare company in putative class action removed to federal court under the Class Action Fairness Act of 2005; defeated remand to state court and obtained dismissal of FDUTPA and related claims. Perret v. Wyndham Vacation Resorts, Inc., 889 F. Supp. 2d 1333 (S.D. Fla. Aug. 28, 2012) (order granting motion to dismiss and closing case) Read PDF; Perret v. Wyndham Vacation Resorts, Inc., et al., 846 F. Supp. 2d 1327 (S.D. Fla. Mar. 5, 2012) Read PDF; Perret v. Wyndham Vacation Resorts, Inc., et al., 2012 WL 592171 (S.D. Fla. Feb. 22, 2012) Read PDF.
- Representing five different banks in multiple cases pending in MDL 2036 (In re Checking Account Overdraft Litigation) pending in the Southern District of Florida.
- Defended bank in class-action suit alleging that certain loans were improper. Obtained transfer of case to the Northern District of Ohio. Laskaris v. Fifth Third Bank, 962 F. Supp. 2d 1297 (S.D. Fla. 2013).
- Defending lender in RICO class action. Obtained dismissal of complaint. Lawrie v. Ginn Development Co., LLC, 2013 WL 222258 (Jan. 3, 2013)
- Representing several companies in “M & A” strike suit class action cases in the Delaware Court of Chancery. In re Netsmart Technologies, Inc. Shareholders Litigation, 924 A.2d 171 (Del. Ch. 2007).
- In connection with his class action work, Mr. Weiss recently completed a two-year term as Co-Chair for ABA Commercial & Business Litigation Committee Class Action Subcommittee.
Mr. Weiss’s general litigation experience includes:
- Representing lending institutions in litigation involving enforcement of commercial loan documents. In connection with this work, Mr. Weiss has worked closely with the FDIC in the revival of the D’Oench Dhume doctrine, which is asserted to bar claims against the successors to failed banking institutions. Mr. Weiss has participated in hearings relating to the D’Oench Dhume throughout the state of Florida and several of his motions have been cited by the FDIC as models for applying this area of the law. Some Mr. Weiss’s work in this area has included:
- Iberiabank v. Coconut 41 LLC, 984 F. Supp. 2d 1283 (M.D. Fla., Nov. 18, 2013).
- 1225 S.W. 8th Street Property, Inc. v. IberiaBank, 2012 WL 944804 (Fla. 3rd DCA, March 28, 2012) (affirming dismissal with prejudice entered in favor of Mr. Weiss’ client on basis of FDIC superpowers).
- Presenting a Florida-bar approved CLE on FDIC superpowers.
- Serving as lead counsel from filing through a five-day federal jury trial for an insurance carrier through four years of litigation seeking payment of underpaid premiums. At trial Mr. Weiss’ client was awarded the complete amount of damages that we sought. Some key published orders in that case include American Home Assur. Co. v. Weaver Aggregate Transport, Inc., 773 F. Supp. 2d 1317 (M.D. Fla. 2011) (denying defendant’s motion to dismiss); American Home Assur. Co. v. Weaver Aggregate Transport, Inc., 2011 WL 4346576 (M.D. Fla., Sept. 16, 2011) (striking defendants’ defenses, in part); American Home Assur. Co. v. Weaver Aggregate Transport, Inc., --- F. Supp. 2d ----, 2013 WL 7659924 (M.D. Fla. Dec. 26, 2013) (denying defendants’ motions for summary judgment); American Home Assur. Co. v. Weaver Aggregate Transport, Inc., 298 F.R.D. 692 (M.D. Fla., March 19, 2014) (ordering post-judgment financial discovery).
- Defending former directors and officers of national airline in securities litigation. Arnold v. McFall, 839 F. Supp. 2d 1281 (S.D. Fla. 2011).
- Representing leading cosmetic products company in antitrust litigation. Duty Free Americas, Inc. v. Estée Lauder Companies, Inc., 2014 WL 1329359 (S.D. Fla. March 31, 2014) (granting dismissal with prejudice); Duty Free Americas, Inc. v. Estée Lauder Companies, Inc., 946 F. Supp. 2d 1321 (granting dismissal).
In addition to the cases discussed above, some of Mr. Weiss’ other notable reported decisions include:
- TracFone Wireless, Inc. v. Unlimited PCS Inc., 279 F.R.D. 626, (S.D. Fla 2012) (represented mobile phone company against Hong Kong company that was distributing device to improperly unlock mobile phones).
- Barber v. America's Wholesale Lender, 289 F.R.D. 364 (M.D. Fla. 2013) (obtained dismissal of improperly joined claims against several banks).
- Esys Latin America, Inc. v. Intel Corp., 290 F.R.D. 563 (S.D. Fla. 2013) (representation of software manufacturer in dispute with former distributor).
- Learning Connections, Inc. v. Kaufman, Englett & Lynd, PLLC, 282 F.R.D. 574 (M.D. Fla. 2012) (moved to quash subpoena and obtained fees).
- TracFone Wireless, Inc. v. Belcher, 2011 WL 3841016 (S.D. Fla. August 16, 2011) (represented mobile phone company in civil fraud prosecution against an individual selling fraudulent mobile phone airtime over the internet).
- Marley v. Jetshares Only, LLC, 767 F. Supp. 2d 1337 (S.D. Fla. 2011) and Marley v. Jetshares Only, LLC, 2011 WL 2607095 (S.D. Fla. June 30, 2011) (represented nationally known recording artist in dispute with air travel vendor).
- In re Application of Alves Braga, 789 F. Supp. 2d 1294 (S.D. Fla. 2011) (represented Brazil based companies and individuals in heavily contested U.S. discovery proceedings).
- Richard Boyd Enterprises, Inc. v. Aquarium Pharmaceuticals, Inc., 2010 WL 473232 (S.D. Fla. Feb. 10, 2010) (represented aquarium products company in intellectual property litigation).
- TracFone Wireless, Inc. v. Sunstrike Intern., Ltd., 273 F.R.D. 697 (S.D. Fla. 2011).
- TracFone Wireless, Inc. v. Zip Wireless Products, Inc., 716 F. Supp. 2d 1275 (N.D. Ga. 2010).
- TracFone Wireless, Inc. v. SND Cellular, Inc., 715 F. Supp. 2d 1246 (S.D. Fla. 2010).
- TracFone Wireless, Inc. v. Anadisk LLC, 685 F. Supp. 2d 1304 (S.D. Fla. 2010).
- TracFone Wireless, Inc. v. Distelec Distribuciones Electronicas, S.A. de DV, 268 F.R.D. 687 (S.D. Fla. 2010)
- TracFone Wireless, Inc. v. Tropical Export, Inc., 2009 WL 3055386 (S.D. Fla. Sept. 25, 2009).
- TracFone Wireless, Inc. v. Access Telecom, Inc., 642 F. Supp. 2d 1354 (S.D. Fla. 2009).
- Kilinc v. TracFone Wireless Inc., 757 F. Supp. 2d 535 (W.D. Pa. 2010).