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Results

  • Summary Judgment Secured in a Foodborne Illness Wrongful Death Matter

    We won summary judgment in a foodborne illness wrongful death case. The plaintiff filed a wrongful death action against multiple parties, including the seafood supplier, distributors, transporters and the restaurant that served the decedent. The plaintiff alleged the decedent died as a result of eating raw oysters that contained vibrio vulnificus. We represented the supplier and argued there was no evidence the oysters were defective when they left the supplier’s hands. An expert was retained to support our motion for summary judgment. The expert prepared an affidavit citing the applicable duties pertaining to the harvesting, processing, and transportation of the oysters and stated the supplier did not breach any of the applicable duties. Utilizing calculated pressure tactics in a long-term strategy execution, plaintiff’s counsel eventually conceded that the record evidence did not support a finding that the supplier breached its duties, resulting in the court granting summary judgment. The case remains ongoing with multimillion dollar demands against the remaining defendants.

  • Obtained Reversal of Non-Final Order in a Wrongful Death Case

    We obtained reversal of a non-final order in a wrongful death case against a dive captain, dive master and the corporate entity dive companies. A woman drowned while scuba diving on a chartered tour. Following her death, the toxicology report revealed high levels of illicit drugs and alcohol. During the course of litigation, her estate moved for leave to amend their complaint to add a claim for gross negligence and punitive damages, claiming the defendants were grossly negligent for failing to use the buddy system and for allowing the decedent to dive when they knew or should have known she was intoxicated. The estate also claimed gross negligence against the dive master for allowing the decedent out of his eyesight for four to ten minutes during the dive, despite having identified the decedent as requiring “special assistance.” In support of their motion, the estate relied on the police statements, deposition testimony and an expert report. The defendants argued the evidence was insufficient to support the amendment and contended that none of the witnesses knew that the decedent was intoxicated before she dove. In granting the motion, the trial court did not make an affirmative finding that the estate had made a reasonable showing by evidence, which would provide a reasonable evidentiary basis to recover punitive damages. On appeal, the Fourth District agreed with our arguments and reversed on several grounds. First, the Fourth District concluded the trial court applied the wrong legal standard. Second, the court found the estate failed to present sufficient evidence to establish a reasonable basis for recovery of punitive damages against the dive captain and dive master. Third, the estate’s proposed amended complaint did not properly allege a claim against the corporate entity defendants. 

  • Per Curiam Affirmance Obtained in Florida Fire-Loss Subrogation Case

    We succeeded in obtaining a per curiam affirmance in the First District Court of Appeal of a final order dismissing the plaintiff’s fire-loss subrogation claim against our client, a tenant in a leased property the plaintiff insured. The First District affirmed the trial court’s finding that the specific fire-loss provisions in the lease shifted the risk of loss to the landlord, the plaintiff’s insured. As a result, our client was a co-insured under the plaintiff’s policy. An insurance company cannot sue its own insured.

  • Dismissal With Prejudice Secured in Complex Florida Litigation Matter

    We obtained a dismissal with prejudice in an action based on an alleged violation of contract, constitutional challenge of a Florida statute, and enforcement of a third-party settlement agreement. We represented an international nonprofit private membership organization in an action by a former member for violation of his membership in said organization. The plaintiff attempted to use a settlement agreement from a prior case to show that he was in compliance with the organization’s membership requirements. He also argued that the requirement to be a member of an underlying organization was unconstitutional because of an antiquated Florida law. We argued that a settlement agreement could not be enforced against a third party with no connection to a settlement agreement, in addition to pointing out the plaintiff’s failure to follow procedural requirements. Agreeing with our arguments, the judge ruled from the bench after oral arguments, dismissing the case with prejudice for failure to state a breach of contract and failure to state a cause of action under the Declaratory Judgment Act.

  • Appellate Success in Wrongful Death Product Liability Action

    Our attorneys succeeded in obtaining an affirmance in the Fifth District Court of Appeal of a final dismissal order of a wrongful death product liability action. The decedent’s estate filed the lawsuit two years after the statute of limitations expired. The estate argued the statute was tolled for a variety of reasons. The trial court dismissed the case, with prejudice, after giving the Estate five attempts to amend. The Fifth District affirmed the dismissal and dispensed with oral argument that same day. 

  • Court affirms dismissal of real estate agent and his broker.

    Our attorneys succeeded in obtaining an affirmance by the Fourth District Court of Appeal. The Fourth District affirmed the dismissal, with prejudice, of our clients, a listing real estate agent and his broker, in an alleged negligence and fraud case. The court rejected the plaintiff’s arguments that the trial court abused its discretion in dismissing their pleadings due to their attorney’s conduct. The court detailed how the plaintiff’s attorney dropped the ball in litigating the case in a separate opinion reversing the plaintiffs’ attorney’s contempt conviction.

  • Successful Appeal of Negligent Security Action

    We obtained an affirmance by the First District Court of Appeal of a defense verdict in a negligent security action. A chef was taking garbage outside of a restaurant when he was shot and killed. The estate sued our client, the owner of the commercial building and parking lot, as well as the defendants involved in the development, design and maintenance of the retail center. The jury returned a defense verdict in favor of all defendants. The estate then appealed, arguing the trial court abused its discretion in excluding subsequent remedial measure evidence of the installation of lighting, signs and cameras in the parking lot after the shooting. The First District rejected those arguments, and affirmed the final judgments in favor of the defendants.

  • Claim Affirmed Under the Florida Birth-Related Neurological Compensation Plan

    Our appellate attorneys convinced Florida’s Fifth District Court of Appeal to affirm an administrative law judge’s final order finding a claim compensable under the Florida Birth-Related Neurological Compensation Plan. ​A minor child was permanently and substantially brain damaged as a result of his complicated birth. The parents sought compensation pursuant to NICA under protest. The parents contended the brain injury that caused the child’s permanent and substantial mental and physical impairment occurred prior to the statutory period (i.e., during labor, delivery or resuscitation in the immediate post-delivery period in a hospital). They claimed the injury occurred in the 34 minutes from when the cord prolapsed at home to when the mother arrived at the hospital, where she ultimately delivered the child via emergency cesarean section. NICA and the hospital argued that the permanent and substantial impairment occurred during the statutory period. The administrative law judge agreed, and the Fifth District Court of Appeal affirmed the final order determining the claim was compensable.

  • Appellate Success in Campground Negligence Lawsuit

    We obtained a per curiam affirmance in the Fourth District Court of Appeal in a suit against a campground/RV park. The suit alleged that the campground negligently maintained the campsite and failed to keep the electrical up to code, forcing an RV owner to abandon her RV at the site. The campground countersued for writ of distress to remove the unsightly vehicle from the campsite. The trial court entered judgment on the pleadings and declined to amend the complaint, finding an amendment would be futile. The Fourth District Court of Appeal affirmed the trial court’s entry of final judgment in favor of the campground on the main claim as well as the counterclaim. The court also conditionally granted the campground’s motion for appellate attorney's fees and remanded the case to the trial court to rule on the validity of the unaccepted proposal for settlement.

  • Appellate Victory in Fence Dispute

    ​The homeowners claimed the homeowners association’s response to their request to mediate the dispute violated the applicable mediation statutes. They sued the association for declaratory and injunctive relief. The circuit court, sitting in its appellate capacity, had affirmed the final judgment in favor of the association and awarded it appellate attorney’s fees and costs. The homeowners then filed a petition for writ of certiorari to the Fifth District Court of Appeal, alleging the circuit court deprived them of due process and committed an error of law that resulted in a miscarriage of justice. The Fifth District Court of Appeal denied the petition and awarded the association its appellate attorney’s fees. This prompted the homeowners to dismiss another pending appeal and resolve all claims for attorney’s fees in favor of the association without further litigation.

  • Defense prevails at trial and appellate level in medical malpractice action.

    We prevailed at the trial court level and on appeal in a medical malpractice action filed against a Florida hospital and three of its trauma/critical care physicians. ​It was alleged that the patient was overmedicated with narcotics during her 64-day hospital stay, resulting in acute respiratory failure and other complications, which caused her death. The plaintiff’s sole expert on liability and causation was a retired internal medicine physician. On the eve of trial, the trial court granted summary judgment in favor of the defendants, finding the plaintiff’s expert lacked the requisite qualifications under Florida law to render opinions against the hospital and its three specialist physicians. The Fifth District Court of Appeal affirmed the final judgment without an opinion and granted the defendants’ motion for appellate attorney’s fees.

  • Successful defense of Florida medical malpractice action in the trial court and on appeal.

    We prevailed on an appeal to the 5th District Court of Appeal in a medical malpractice action filed against a hospital and three of its trauma/critical care physicians. ​It was alleged that the patient was over-medicated with narcotics during her 64-day hospital stay, resulting in acute respiratory failure and other complications, which caused her death. The plaintiff’s sole expert on liability and causation was a retired internal medicine physician. On the eve of trial, the trial court granted summary judgment in favor of the defendants, finding that the plaintiff’s expert lacked the requisite qualifications under Florida law to render opinions against the hospital and its three specialist physicians. The Fifth District affirmed the final judgment without an opinion and granted the defendants’ motion for appellate attorney’s fees.

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.