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Farrokh Jhabvala

Farrokh Jhabvala

Of Counsel

Overview

Farrokh Jhabvala litigates individual and class action cases concerning consumer and financial services matters in federal and state courts across the United States, and handles appeals cases in federal and state appellate courts. He has experience with arbitration matters.

Farrokh represents insurance companies, credit card issuers and other financial institutions in individual and class actions involving property damage from windstorms, bad faith claims arising from property claims, claims arising from lender-placed insurance, federal and state-law claims under the federal Truth in Lending Act, RICO, state unfair trade practices and consumer protection statutes, and common law. He has litigated class actions in more than a dozen states, always with an eye to obtaining cost-effective and early termination of litigation. He also has considerable experience with Federal Arbitration Act issues.

Experience

  • Schilke v. Wachovia Mortgage FSB, 2011 WL 4501381 (N.D. Ill. Sept. 28, 2011), dismissal of action alleging state and common law violations with regard to lender-placed insurance on mortgaged property, affirmed sub nom Cohen v. American Security Insurance Co., 2013 WL 5890642 (7th Cir. Nov. 4, 2013).
  • Selman v. Citimortgage, Inc., 2013 WL 838193 (S.D. Ala. Mar. 5, 2013), dismissal of insurer client from case alleging improper conduct regarding lender-placed insurance.
  • Everhart v. Citizens Property Insurance Corp. (Circuit Court, Leon County, Fla. 2011), dismissal of class action; on appeal to Florida's 1st District Court of Appeal.
  • Prime Insurance Syndicate, Inc. v. Soil Tech Distributors, Inc., 2008 WL 816663 (11th Cir. Mar. 27, 2008), affirming final judgment awarding attorneys’ fees to client.
  • Jimenez v. Citizens Property Insurance Corp. (Circuit Court, Miami-Dade County, Fla. 2008), dismissal of putative class action alleging that the insurer was automatically required to pay for building code upgrades to windows and other external glass structures.
  • Schlegel v. Citizens Property Insurance Corp. (Circuit Court, Miami-Dade County, Fla. 2008), dismissal of putative class action alleging that the insurer was automatically required to include permit and license fees in ACV payments.
  • Buell v. Direct General Insurance Agency, Inc., 488 F. Supp. 2d 1215 (M.D. Fla. 2007); putative Florida class action alleging violation of unfair insurance trade practices and licensing statutes. Dismissed with prejudice; affirmed 2008 WL 598281 (11th Cir. Mar. 6, 2008).
  • In re Friedman's, Inc., 363 B.R. 629 (Bankr. S.D. Ga. 2007); class action certified by West Virginia state court. Class decertified after removal to federal court and transfer to bankruptcy court.
  • Carson Management Ltd. v. Security Life of Denver Insurance Co., 2003 WL 23018539 (M.D. Fla. Dec. 11, 2003); removed case under SLUSA and defeated attempted remand.
  • London v. Wal-Mart Stores, Inc., 340 F. 3d 1246 (11th Cir. 2003); represented insurance companies in class action alleging violations of the Florida Insurance Code. Class certification reversed.
  • Voyager Ins. Co. v. Whitson, No. 1000678, 2003 WL 21040594 (Ala. 2003); Alabama class action alleging violations of Alabama consumer statutes and common law. Class certification reversed.
  • Voyager Life Insurance Co. v. Hughes, 841 So.2d 1216 (Ala. 2002); reversed trial court's decision that defendant had waived arbitration with regard to all putative class members.
  • Burstein v. First Penn-Pacific Life Ins. Co., 209 F.R.D. 674 (S.D. Fla. 2002); represented insurance company in putative national class action alleging federal RICO and state common law claims with regard to high-value life insurance policies. RICO claims dismissed with prejudice; class certification denied; and state law claims dismissed as moot.
  • Gras v. Associates First Capital Corp., 786 A.2d 886 (N.J. App. Div. 2001), petition for cert denied (N.J. 2002); putative New Jersey class action alleging fraud in connection with loan and insurance transactions. Matter compelled to arbitration.
  • Hammett v. American Bankers Ins. Co., 203 F.R.D. 690 (S.D. Fla. 2001); putative national class action alleging federal RICO and state common law claims regarding credit insurance. Class certification denied.
  • American Bankers Ins. Co. v. Crawford, 757 So.2d 1125 (Ala. 1999); putative Alabama class action alleging fraud in connection with issuance of insurance policy. Matter compelled to arbitration.
  • Ex parte American Bankers Life Assurance Co., 715 So.2d 186 (Ala. 1997); putative Alabama class action alleging fraud in the sale of credit insurance policies. Mandamus petition granted by the Alabama Supreme Court, reversing class certification by trial court.

Recognition

  • AV Preeminent Rating by Martindale-Hubbell
  • Professor, Florida International University, International Politics and Law (1976-1998)

Professional & Community Involvement

  • Member, American Bar Association; TIPS Appellate Advocacy Committee

Speaking Engagements

  • "Gap-Premium Litigation - An Overview," ALI-ABA Conference on Life and Health Insurance Litigation (May 1-2, 2003).

Credentials

Education
  • University of Miami School of Law (J.D., 1988)
    •  Order of the Coif
  • Tufts University Fletcher School of Law & Diplomacy (Ph.D., 1976)
Bar Admissions
  • District of Columbia
  • Florida
Court Admissions
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.