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Clifton R. Gruhn

Clifton R. Gruhn

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Miami

P : 305.347.6990

F : 305.530.0055
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Overview

Cliff Gruhn's practice involves defending financial services clients in complex litigation matters and class actions in federal and state courts throughout the United States.

Cliff litigates cases involving a variety of issues involving life, long-term care, and property-casualty insurance at both the trial and appellate levels. These litigations involve allegations of fraud, breach of contract, breach of fiduciary duty, bad faith as part of coverage disputes, and violations of federal statutes, including RICO, ERISA, RESPA, and the TCPA, as well as state statutes governing unfair trade practices, suitability, sales and marketing, and debt collection.

Cliff is regularly involved in complex motion practice, large-scale electronic discovery, and trial preparation, as well as client counseling to ensure compliance with federal and state statutes and regulations.

Experience

MSP Recovery Claims, Services LLC v. Endurance American Insurance Company, 2021 WL 706225 (S.D. Fla. Feb. 23, 2021) (dismissing putative class action alleging violations of the Medicare Secondary Act).
Maxon v. Sentry Life Insurance Company, 2018 WL 3850011 (M.D. Fla. Apr. 11, 2018) (granting motion to transfer putative national class action to insurer’s home district), 2019 WL 4540057 (W.D. Wis. Sept. 19, 2019) (dismissing claims for breach of contract, conversion, and declaratory relief in putative national class action challenging cost of insurance and other provisions in universal life insurance policies), reconsideration denied (Nov. 27, 2019), appeal dismissed, 2020 WL 3414847 (7th Cir. Apr. 15, 2020).
PDVSA U.S. Litig. Trust v. Lukoil Pan Americas, LLC, No. 1:18-cv-20818 (S.D. Fla. Mar. 8, 2019) (dismissing case alleging RICO and antitrust violations, as well as numerous other common law and statutory claims, based on purported bid-rigging and price-fixing involving international oil companies and banks).
Pruco Life Ins. Co. v. Baggs, No. 3:16-cv-00206 (N.D. Fla. Aug. 29, 2017) (granting declaration of entitlement to rescind and reform life insurance policy based on material misrepresentations and misstatements in applications).
Epstein v. Transamerica Life Ins. Co., No. 2010-015515 (Fla. Cir. Ct. Mar. 6, 2017) (partially dismissing complaint alleging underpayment of benefits under health insurance policy).
Hill v. Allianz Life Ins. Co. of N. Am., 51 F. Supp. 3d 1277 (M.D. Fla. 2014) (denying motion to remand); 2016 WL 872936 (M.D. Fla. Feb. 17, 2017), 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) (awarding attorneys' fees to insurer).
Patel v. Pruco Life Ins. Co., No. 1:16-cv-23520 (S.D. Fla. Dec. 5, 2016) (granting interpleader and awarding attorneys’ fees in favor of insurer).
Direct Gen. Ins. Co. v. Houston Cas. Co., 139 F. Supp. 3d 1306 (S.D. Fla. 2015), aff’d, 661 F. App’x 980 (11th Cir. 2016) (granting final summary judgment in favor of professional liability insurance carriers based on broad interpretation of “related claims” provision).
Office Depot, Inc. v. AIG Specialty Ins. Co., No. 2:15-cv-02416, 2016 WL 6106408 (C.D. Cal. June 6, 2016) (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).
Eisenberg Dev. Corp. v. City of Miami Beach, 95 F. Supp. 3d 1376 (S.D. Fla. 2015) (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).
Club Madonna, Inc. v. City of Miami Beach, No. 1:13-cv-23762, 2015 WL 5559894 (S.D. Fla. Sept. 22, 2015) (awarding more than $100,000 in attorneys’ fees under 42 U.S.C. § 1988).
Mann v. Unum Life Ins. Co. of Am., 129 So. 3d 895 (Fla. 2d DCA 2014) (affirming dismissal with prejudice in favor of defendant in statewide class action regarding long-term care insurance rate setting).
Doe v. Ejercito De Liberacion Nacional, No. 1:10-cv-21517 (S.D. Fla. Aug. 11, 2014) (report and recommendation to dissolve writ of garnishment seeking to garnish cash value of whole life insurance policy), withdrawn following settlement (S.D Fla. Sept. 17, 2014) (recommending award of attorneys’ fees incurred by insurer in defending writ of garnishment proceedings), adopting report and recommendation (S.D. Fla. Oct. 14, 2014).
Allianz Life Ins. Co. of N. Am. v. Cain, No. 3:12-cv-00264, 2013 WL 3880217 (W.D.N.C. July 26, 2013) (granting motion for entry of temporary restraining order).
Hunter v. Transamerica Life Ins. Co., No. 4:10-cv-04906, 2011 WL 4621111 (S.D. Tex. Sept. 27, 2011) (dismissing national class action collaterally attacking prior class action settlement), aff’d 498 F. App’x 430 (5th Cir. 2012).
Landon v. Orange Clothing Co., No. 10-20310 (Fla. Cir. Ct. Aug. 8, 2012) (granting final default judgment as sanction for discovery misconduct in action alleging misappropriation of funds from business).
Baba Lodging LLC v. Wyndham Worldwide Operations, Inc., No. 5:10-cv-01750, 2011 WL 1598910 (W.D. La. Apr. 26, 2011) (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).
Global Towers, LLC v. Telecom Rentals, Inc., No. 10-80726 (S.D. Fla.) (obtained voluntary dismissal of action alleging breach of contract concerning sale of wireless communications towers after filing or motion to dismiss).