Partner Mark Leibowitz obtained a defense verdict in a medical malpractice case in November. The Firm represented a hospital charged with having improper protocols for the use of a Foley catheter.  The patient has been incontinent since the delivery of her child, during which a catheter was used. Mr. Leibowitz defended the case on the basis that the use of the catheter was proper, and that the hospital’s protocol for its use was within the standard of care.  For more information, please call Mr. Leibowitz.
 

In September 2008, in Miami-Dade county, partner Mark Leibowitz was able to achieve a voluntary dismissal of a case at mediation by a plaintiff, on behalf of his hospital client by leveraging a Sec. 57.105 notice that was filed early in the case.  The hospital did not make any payment.
 

Grobman v. Posey, 863 So. 2d 1230 (Fla. 4th DCA 2003)
Joel R. Wolpe successfully argued upon appeal that his client was entitled to a set-off for the entire amounts paid by settling co-defendants as they were not “joint” tortfeasors, and, under the then existing statute, the settling co-defendants’ fault could not be apportioned by the jury.
 

Foster v. Healthsouth Regional Rehabilitation Center, 613 So.2d 935 (Fla. 3rd DCA 1993)
 

Citron v. Armstrong World Industries, Inc., 779 F. Supp. 1327 (S.D. Fla 1990)
 

LeClere v. Groover,  708 So. 2d 1040 (Fla. 1^st DCA, 1998)
Alexander Alvarez obtained dismissal of medical malpractice claim based on plaintiff’s failure to comply with pre-suit discovery requirements. Dismissal was upheld by appellate court.
 

Del Valle v. Sanchez, 170 F. Supp. 2d. 1254 (S.D. Fla. 2001)
Joel R. Wolpe obtained summary judgment for Mercy Hospital as to theories that Mercy Hospital was the actual agent of staff obstetrician and as to the theory that Mercy Hospital had a non-delegable duty to provide obstetrical services.
 

Cabral v. Diversified Services, Inc., 560 So.2d 246 (Fla. 3rd DCA 1990)
Mark A. Leibowitz successfully appealed trial court’s refusal to set aside default as an abuse of discretion.
 

Hiram Walker & Sons, Inc. v. Kirk Line, 877 F.2d. 1508 (11th Cir. 1989)
The firm represented a shipper of Tia Maria liquor that was spilled upon transfer at the Port of Miami. Our client’s exposure was successfully shifted to another party.
 

Cross v. Pumpco, Inc., 910 So.2d 324 (Fla. 4th DCA 2005)
George L. Fernandez and Alexander Alvarez succeeded in dismissing plaintiff’s claim for fraud on the court after initial discovery revealed plaintiff had filed a claim and sought extensive treatment to the same part of the body for which he was now seeking damages. Plaintiff did not disclose the prior claim or treatment at deposition. Although the appellate court reversed the trial court for lack of plaintiff’s “clear” intent to defraud the court, a nominal settlement was reached shortly after this decision.
 

Hialeah Hotel v. Talley, 790 So.2d 466 (Fla. 3rd DCA 2001)
George L. Fernandez prevailed in dismissing plaintiff’s claims after a trial and two appeals.  Mr. Fernandez correctly pointed out that the trial court erroneously refused to allow evidence at trial that the plaintiff was involved in criminal conduct (a drug deal) thereby nullifying any duty of the premises holder to protect the plaintiff. Mr. Fernandez obtained an order from the court granting the costs and fees of the appeal.
 

Jordan v. Equity Properties and Development Co., 661 So.2d 1307 (Fla. 3rd DCA 1995)
George L. Fernandez successfully dismissed store manager’s claim for negligent infliction of emotional distress after being robbed at gunpoint under Florida’s impact rule that requires a physical impact for such claims.
 

Manzini & Associates, P.A. v. Clark, 971 So. 2d 882 (Fla. 3d DCA 2007)
Former plaintiff’s counsel attempted to prevent plaintiff from dismissing our client arguing that he had a lien on the file and was therefore an interested party that needed to approve the dismissal. Mark Leibowitz and Alia Szopa successfully prevailed at the trial court and appellate level arguing that as no judgment or money was paid, counsel had nothing to lien.