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One of our firm's greatest successes has been its achievement
and distinction in representing
a multitude of governmental entities and agencies, including school
boards, municipalities, counties
and the many agencies of the State of Florida.
Over the years we have defended many multi-million dollar claims,
including successfully
defending the Town of Ponce Inlet in a high profile, complex
federal litigation case seeking over
$50,000,000.00 in damages under the Federal False Claims Act, and
bringing about a zero-payout
for the State of Florida in a personal injury claim seeking $25
million in damages and involving over
40 treating physicians.
However, in 2002, our role as defender was switched to that of
prosecutor when, on behalf
of the State of Florida, we brought a claim for breach of contract
against The Doctors' Company, a
California based medical malpractice insurer. After a challenging
five year battle, we achieved
repayment to the State of Florida in the amount of $21 million.
The breach resulted after The Doctors' Company purchased a
declining Florida based self
insurance fund in 1999, attempting to enter into the medical
malpractice insurance market in Florida.
The agreement between The Doctors' Company and Caduceus Self
Insurance Fund, Inc. required
TDC to pay to Caduceus the cumulative profit from the Florida
business TDC gleaned from the
takeover. In 2000, Caduceus was rendered insolvent and the State of
Florida Department of
Financial Services was named by the Court as Receiver of the fund.
The Receiver hired our firm to
represent it in the receivership and in the suit against The
Doctors' Company.
The case came to trial in September of 2005 and concluded with the
jury determining
Caduceus was owed $14,153,458.00 in cumulative profits, plus
pre-judgment interest in the amount
of $3,827,637.92, for a total award $17,981,095.92. The judgment
also required TDC to pay the
attorneys' fees incurred by the State of Florida in bringing
the breach of contract claim.
TDC, represented by Barry Richard, election litigation attorney for
President George W.
Bush, and Arthur J. England, Jr., former Florida Supreme Court
Justice, failed on a motion for new
trial before the circuit court and then on appeal to the First
District Court of Appeal. Ultimately,
in September of 2006, the First District Court of Appeal issued its
opinion affirming the jury award.
In February of 2007, the Supreme Court of Florida declined to
accept jurisdiction and TDC paid the
judgment amount, plus $1,538,000.00 in interest which accrued
during the appeal, for a total
payment of $19,519,095.00.
The case finally concluded in July of 2007 when, moments before the
start of an evidentiary
hearing to determine the amount of attorneys' fees, TDC agreed
to pay an additional $1,402,500.00
to the State of Florida to finally satisfy the judgment.
Our firm is proud of the reputation we have established as the
preferred counsel for many
state, county and local governments and agencies. We are even more
gratified by the hard work and
dedication of our attorneys and staff throughout the years to earn
and maintain the prestige.
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