Philip has 37 years of experience as a jury and bench trial lawyer having successfully tried dozens of cases involving lender liability, antitrust disputes, complex commercial contract disputes, business torts, trademark and intellectual property disputes, in state and federal courts, and arbitration. He also has extensive experience and success in writing winning briefs and handling oral arguments in the state and federal appellate courts of Florida.
All Care Nursing Services, Inc. v. Bethesda Memorial Hospital, affirmed, 135 F. 3d 740 (11th Cir. 1998); affirming defense verdict on claims under Sherman Act, Sections One and Two, following four-week jury trial.
Telectron v. Overhead Door Corporation, 116 F.R.D. 107 (S.D. Fla. 1987); order striking defendant’s pleadings and entering default judgment following bench trial on findings that defendant intentionally destroyed documents subject to discovery requests.
Consolidated Gas Company of Florida v. City Gas Company of Florida, 880 F. 2d 297 (11th Cir. 1989);
Chrysler Credit Corporation v. Rebhan, 842 F.2d 1257 (11th Cir. 1988)
Zapata Industries, Inc. v. W.R. Grace & Co., 49 Fed. Appx. 927, 2002 WL 31474231 (Fed. Cir. 2002), per curiam affirmance of judgement on jury verdict following two-week trial. Successful defense of patent infringement claims on finding that patents covering oxygen scavenging technology in food and beverage packaging were invalid for obviousness.
In Re: Lexi Development Company, Inc., Debtor., NBV Loan Acquisition, LLC, Plaintiff,
Case No. 10-27573-BKC-AJC; Adv. No. 16-1754-BKC-AJC-A, United States Bankruptcy Court for the Southern District of Florida, final judgment entered June 7, 2019. Judgment of no liability entered in successful defense of claims against Regions Bank for breach of intercreditor agreement asserted by successor to mezzanine lender and borrower, following eleven-day bench trial on causation and damages.
Capital Factors, Inc. v. Alba Rent-A-Car, Inc., 965 So. 2d 1178, 1182 (Fla. 4th DCA 2007). In matter of first impression, the Fourth DCA reversed adverse decision below on holding that an unconfirmed arbitration award was subject to writ of garnishment because it became a liquidated debt upon entry of arbitrator’s decision; confirmation was unnecessary.
Emeric v. Florida Fine Cars, Inc., 19-CV-20987, 2019 WL 2269083, at *1 (S.D. Fla. May 28, 2019), final judgment dismissing class action complaint because subject to arbitration clause.