Clifton R. Gruhn

Obtained an order partially dismissing complaint alleging underpayment of benefits under health insurance policy. Epstein v. Transamerica Life Insurance Co., No. 2010-015515 (Fla. Cir. Ct. Mar. 6, 2017).

Awarding attorneys' fees to insurer. Hill v. Allianz Life Insurance Co. of North America, 51 F. Supp. 3d 1277 (M.D. Fla. 2014) (denying motion to remand); 2016 WL 872936 (M.D. Fla. Feb. 17, 2016), aff'd, 693 F. App'x 855 (11th Cir. 2017) (granting summary judgment in defamation and tortious interference action brought by former agent of life insurance and annuity company); 2019 WL 932264 (M.D. Fla. Feb. 26, 2019).

Obtained an order granting interpleader and awarding attorneys' fees in favor of insurer. Patel v. Pruco Life Insurance Co., No. 1:16-cv-23520 (S.D. Fla. Dec. 5, 2016).

Obtained an order granting final summary judgment in favor of professional liability insurance carriers based on broad interpretation of "related claims" provision. Direct General Insurance Co. v. Houston Casualty Co., 139 F. Supp. 3d 1306 (S.D. Fla. 2015), aff'd, 661 F. App'x 980 (11th Cir. 2016).

Obtained an order granting judgment in favor of media liability insurer holding that insurer had no duty to reimburse $15 million in defense expenses or to indemnify $77.5 million settlement of a whistleblower suit; court found that Section 533 of the California Insurance Code precluded any duty to defend or indemnify the qui tam lawsuit alleging violations of the California False Claims Act. Office Depot, Inc. v. AIG Specialty Insurance Co., No. 2:15-cv-02416, 2016 WL 6106408 (C.D. Cal. June 6, 2016).

Finding entitlement to attorneys' fees and costs pursuant to 42 U.S.C. § 1988, 28 U.S.C. § 1927, Federal Rule of Civil Procedure 11, and the court's inherent authority after obtaining final summary judgment. Eisenberg Development Corp. v. City of Miami Beach, 95 F. Supp. 3d 1376 (S.D. Fla. 2015).

Awarding more than $100,000 in attorneys' fees under 42 U.S.C. § 1988. Club Madonna, Inc. v. City of Miami Beach, No. 1:13-cv-23762, 2015 WL 5559894 (S.D. Fla. Sept. 22, 2015).

Obtained a decision affirming dismissal with prejudice in favor of defendant in statewide class action regarding long-term care insurance rate setting. Mann v. Unum Life Insurance Co. of America, 139 So. 3d 895 (Fla. 2d DCA 2014).

Report and recommendation to dissolve writ of garnishment seeking to garnish cash value of whole life insurance policy, recommending award of attorneys' fees incurred by insurer in defending writ of garnishment proceedings. Doe v. Ejercito De Liberacion Nacional, No. 1:10-cv-21517 (S.D. Fla. Aug. 11, 2014), withdrawn following settlement (S.D. Fla. Sept. 17, 2014), adopting report and recommendation (S.D. Fla. Oct. 14, 2014).

Obtained an order granting a motion for entry of temporary restraining order. Allianz Life Insurance Co. of North America v. Cain, No. 3:12-cv-00264, 2013 WL 3880217 (W.D.N.C. July 26, 2013).

Obtained dismissal of national class action collaterally attacking prior class action settlement. Hunter v. Transamerica Life Insurance Co., No. 4:10-cv-04906, 2011 WL 4621111 (S.D. Tex. Sept. 27, 2011), aff'd, 498 F. App'x 430 (5th Cir. 2012).

Obtained an order granting final default judgment as sanction for discovery misconduct in action alleging misappropriation of funds from business. Landon v. Orange Clothing Co., No. 10-20310 (Fla. Cir. Ct. Aug. 8, 2012).

Obtained an order dismissing case against client due to lack of personal jurisdiction because defendant was not joint venturer with co-defendant and passive website was insufficient for exercise of personal jurisdiction. Baba Lodging LLC v. Wyndham Worldwide Operations, Inc., No. 5:10-cv-01750, 2011 WL 1598910 (W.D. La. Apr. 26, 2011).

Obtained voluntary dismissal of action alleging breach of contract concerning sale of wireless communications towers after filing a motion to dismiss. Global Towers, LLC v. Telecom Rentals, Inc., No. 10-80726 (S.D. Fla.).