+$28 Million Jury Verdict After 8-Week Insurance Recovery Trial
Malman, Malman & Rosenthal represented the owner of a commercial property in Fort Lauderdale that incurred damage as a result of Hurricanes Katrina and Wilma. After reaching settlements with the excess insurers, the case proceeded to trial against the primary insurer. After an eight-week long jury trial in the Complex Litigation Division of the Broward County Court, a jury returned a verdict in favor of our client and awarded our client in excess of $28 million in damages.
Mid-Trial Offer of Probation for Client Charged in $10 Million Fraud
Malman, Malman & Rosenthal represented a prominent lawyer charged with numerous felony counts in a massive international fraud of approximately $10 million. In the middle of trial, after cross-examination of the State's main witness, the State dismissed serious felony counts and agreed to let our client enter a plea to a misdemeanor offense with a sentence of probation.
Embezzlement Charges Dismissed
Malman, Malman & Rosenthal represented a corporate executive charged with embezzling over $600,000. Investigation by the Firm revealed deficiencies in the prosecution's case, and the possibility that some of the people who reported the case to the police were not completely accurate and truthful in their accounting of the facts. After the Firm deposed certain State witnesses and revealed these issues, the State dropped all charges against our client.
Marijuana Grow-House Case Dismissed After Evidence Suppressed
Malman, Malman & Rosenthal represented an individual charged with operating two large marijuana grow-houses. Law enforcement agents had conducted a lengthy surveillance of the houses, including flying over them in a helicopter and aiming a device known as a "thermal imaging device" which measures the amount of heat generated inside the house (because grow houses typically use special lighting to cultivate the marijuana plants, they use a lot of electricity and generate heat). The Firm moved to suppress all evidence in the case, applying a recently-decided case from the United Supreme Court that held that use of a thermal imaging device was a "search" that required a warrant. After a hearing on the issue, the Court granted the motion to suppress, and the State Attorney's Office, left with no evidence, was forced to dismiss the case against our client.
Rap Star Charged With Felony Battery Serves 2 Weeks Probation
Malman, Malman & Rosenthal represented a famous rap artist charged with multiple offenses in connection with a large fight at a nightclub in Coconut Grove. After deposing numerous witnesses that called into question the strength of the State's case, the Firm was able to reach an agreement for our client to be sentenced to probation and required to perform community service. A key portion of the agreed sentence was that his probation would end upon his completion of the community service, and that any community service he performed prior to being sentenced would count toward his sentence. Knowing of this agreement, the Firm advised the client to perform all of the community service immediately, even before he was sentenced. The result was that, 2 weeks after being placed on probation, the probation was terminated and the case was closed.
Elderly Man Caught Importing Over 60,000 Ecstasy Pills Gets Probation
Malman, Malman & Rosenthal was retained to represent an elderly man who arrived at Miami International Airport with over 60,000 ecstasy pills in a hidden compartment of his suitcase. He was charged by the Federal Government, and faced up to 20 years in prison. By acting early and having the client evaluated by a neuropsychologist, the Firm was able to reach an agreement with the United States Attorney's Office that the defendant had a diminished capacity, and that he was taken advantage of by persons in Europe who convinced him to carry the suitcase containing the drugs. The Firm reached a further agreement with the Government to recommend to the Court that the defendant not be incarcerated, and the Judge sentenced our client to two years of probation.
Federal Jury Acquitted Defendant of 2 out of 3 Counts
Malman, Malman & Rosenthal represented a local businessman charged with two counts of possession of a truckload of stolen computer printers and one count of conspiracy to possess stolen goods. The Firm was able to locate a witness living in Israel, and arranged to take that witnesses deposition by satellite link to Miami. The witness's deposition was submitted as evidence at trial, and he testified that he rented a portion of the defendant's warehouse, and he allowed a friend to store some computer printers there, but that it was separate from the defendant's portion of the warehouse. He also testified that the defendant had no idea there were stolen printers in the warehouse. The jury acquitted the defendant of both counts of possession of stolen goods.
Firm Successfully Appeals Immigration-Related Ruling
Florida law requires Judges to warn all defendants that if they plead guilty or no contest and are not United States citizens, they could face deportation. A Florida Supreme Court decision in 2006 changed the time limits for seeking to challenge a conviction based on an allegation that the Judge failed to give the proper warnings. The Firm successfully appealed the denial of our client's motion; the Appellate Court ruled in our favor, holding that the lower court Judge incorrectly decided that our client was out-of-time to file his challenge.
Firm Client Released From Jail on Improperly-Entered Contempt Ruling
Malman, Malman & Rosenthal represented a businessman who had amassed a fortune in the options market in the 1980s. After the collapse of the market, his clearing house liquidated his margin account and obtained a judgment against him in excess of $20 million. When the client filed for bankruptcy, the clearing house tried to take possession of an offshore trust the client had created many years before. The Bankruptcy Judge held the client in contempt for failing to turn over the assets of the trust, something the client maintained he did not have the ability to do. The Bankruptcy Judge ordered the client taken into custody, and he was put in Federal prison. The Firm was hired specifically to address the issue of his incarceration. The Firm filed an emergency motion in Federal Court, arguing that the Bankruptcy Judge had over-stepped his authority in ordering the client incarcerated for contempt. After an emergency hearing, the Federal Judge agreed, and the client was released from custody two days after his arrest.
Arbitrators Dismiss Complaint Against Firm Client/Financial Advisor
Malman, Malman & Rosenthal was retained to represent a licensed Financial Advisor in a case filed by dissatisfied investors. The claimants alleged numerous counts against our client and the brokerage house, including breach of fiduciary duty, misrepresentation, and fraudulent trading. After an extensive hearing before an arbitration panel, the arbitrators unanimously found in favor of the Firm's client, denied the claims in their entirety, and assessed all costs of arbitration against the claimants.
Probate Litigation Settlement: $675,000
Malman, Malman & Rosenthal represented a woman claiming a share of her former husband's estate. The former husband's children sought to be named co-Personal Representatives of the Estate, giving them considerable control over the assets. The Firm contested this appointment, putting pressure on the children, who ultimately settled with our client for $675,000.
Jury Awards Over $325,000 Against Wedding Designer
Malman, Malman & Rosenthal sued a wedding designer and her design company on behalf of the mother of a bride who alleged defective and improper performance. By presenting the wedding pictures as evidence of how poor the designer's performance actually was, the Firm was able to convince a jury to award a total of over $325,000 in damages in favor of our client.
Claim Against Investment Brokerage Settlement: $375,000
Malman, Malman & Rosenthal filed suit against a major investment brokerage house and its employee/investment broker alleging numerous wrongful transactions and improper investment of the client's funds. The case was scheduled for arbitration, but before arbitration the Firm was able to secure a settlement of $375,000 for our client.
Mid-Trial Offer of Probation for Client
