Verdicts and Settlements

Verdicts and Settlements

Recovery button2

The following list of verdicts and settlements are examples of the many results we have obtained for thousands of clients since the founding of Wites & Kapetan, P.A., in January 2001:

 PERSONAL INJURY AND WRONGFUL DEATH

Avila v. Tarmarc of America ($6 million jury verdict in wrongful death action)

Confidential Settlement ($1.5 million for family who lost mother in automobile accident caused by a tractor trailer)

Confidential Settlement ($1.2 million for man who suffered spinal injury when struck by a drunk driver).

Confidential Settlement ($1 million in wrongful death action)

Mask v. Encantada ($1 million in settlements in brain injury case where at-fault parties had limited insurance)

Confidential Settlement ($600,000 for young man that suffered spinal injuries in collision between car and truck)

Confidential Settlement ($425,00 for woman who fractured her knee in a slip and fall at a hotel)

Vivar v. Topple ($280,000 jury verdict for client that suffered herniated disc and knee injury in auto accident)

Confidential Settlement ($225,000 obtained in auto accident case from insurance company with insured issued policy of only $100,000, based on success of bad faith claims against the insurance company)

INVESTMENT DISPUTES (INDIVIDUAL CASES)

Johnson v. Morgan Stanley ($315,946 arbitration award which reflected virtually 100% of the client’s investment losses)
Schulman v Brookstreet Securities Corporation ($523,300 arbitration award which reflected virtually 100% of the client’s investment losses)
Confidential Settlement ($300,000)
Roth v. Union Planters Bank (confidential settlement)
Foy v. CITIGROUP MAT FIVE FUND (confidential settlement)
Mendelsohn v. Charles Schwab & Co. (confidential settlement)
Lopresti v. Weir Capital Management, First Allied Securities, Inc., Icon Leasing Fund Twelve, LLC, And Inland American Real Estate Trust, Inc., (confidential settlement)
Soares v. NSM Securities, Inc. (confidential settlement)
Elias v. Personal Asset Strategies, Inc. (confidential settlement)

CLASS ACTIONS

Berns v. CCS Financial Services, Inc., d/b/a The Check Cashing Stores, In the United States District Court of the Southern District of Florida, Case No. 02-61633-CIV-DIMITROULEAS (class certified and final settlement approved based on violations of The Fair Debt Collection Practices Act).

Cohen and Zeiger v. DeConna Ice Cream Co., In the Circuit Court in and for the 17th Judicial Circuit of Broward County, Florida, Case Nos. 01-010780 (14) and 02-001336 (14)(class certified and final settlement approved, based on the mislabeling of the nutrition label of an ice cream product).

Rilling v. Republic Security Bank, In the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, Case No. CL 01-3545-AE (counsel for plaintiff)(class certified, final settlement approved, and plaintiff and the class received 100% of their damages plus interest based on improper charging of interest rates on credit cards).

Coto v. Countrywide Home Loans, Inc., In the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Case No.: 01-7276 CA 30 (class certified, and final settlement approved, based on overcharging of fees in real estate transactions).

In re Merrill Lynch & Co., Inc., Research Reports Securities Litigation, In the United States District Court for the Southern District of New York, Case No. 02-MDL-1484 (MP)(counsel to lead plaintiffs in 2 of 26 consolidated actions based on fraudulent reports from securities analysts).

Rhodes v. Old Republic National Title Insurance Company, In the 15th Judicial Circuit in and for Miami-Dade County, Florida, Case No.: 50 2004 CA 004073 XXXX MB (class action settlement approved based on overcharges for title insurance).

Rivera v. Amalgamated Debt Collection Services, The United States District Court for the Southern District of Florida, Case No.: 05-CIV-20176-LENARD/TORRES ((class certified and final settlement approved based on violations of The Fair Debt Collection Practices Act).

Sifford v. Ashland, Inc. d/b/a/ The Valvoline Oil Co. and Valvoline Instant Oil Change, In the Circuit Court of St. Louis County, Missouri, Case No.: 04CC-004724 (settlement of consumer class action based on charging of improper used oil disposal fees).

In re High Sulfur Content Gasoline Products Liability Litigation, The United States District Court for the Eastern District of Louisiana, Case No.: 2:04-md-01632-IRLR-KWR (class settlement approved based on sale of gasoline with excessive sulfur content).

Hawley v. American Pioneer Title Insurance Company, In the 17th Judicial Circuit in and for Broward County, Florida, Case No.: CA-03-016234 (11)(class action settlement approved based on overcharges for title insurance).

Thula v. Lawyers Title Insurance Corporation, In the 17th Judicial Circuit in and for Broward County, Florida, Case No.: 04-05324 (11)(class action settlement approved based on overcharges for title insurance).

Devick v. Attorney’s Title Insurance Fund, In the 17th Judicial Circuit in and for Broward County, Florida, Case No.: 04-06633 (08) (class action settlement approved based on overcharges for title insurance).

Glassman v. Suntrust Merchant Services, LLC,In the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida, Case No.: 04-05042 CA 22 (class action settlement including Florida residents based on defendant’s violation of the Telephone Consumer Protection Act).

Irwin v. Hyundai/Kia, Superior Court of the State of California, County of Orange, Case No.: 02CC00287 (class certified, final settlement approved, based on misrepresentation of horsepower ratings of automobiles).

Penzer v. Southeast Wireless, In the Circuit Court in and for the 17th Judicial Circuit of Broward County, Florida, Case No.: 03-010994 (02) (certified class of Florida residents based on defendant’s violation of the Telephone Consumer Protection Act, which included litigation in state and federal court, multiple appeals, and ultimately a class action settlement, after eight years of litigation)(see Penzer v. Transportation Ins. Co. , 29 So.3d 1000, 1005 (Fla. 2010)).

Evans v. Stewart Title Guaranty Company, In the 17th Judicial Circuit in and for Broward County, Florida, Case No.: 04-06630-05 (class action settlement approved based on overcharges for title insurance).

Jackson v. Milestone Title, In the 17th Judicial Circuit in and for Broward County, Florida, Case No.: 07-24806 (11) (class action settlement approved based on overcharges for title insurance).

Rhodes v. Resource Title Co., In the 15th Judicial Circuit in and for Palm Beach County, Florida, Case No.: 502007CA14069XXXXMBAE (class action settlement approved based on overcharges for title insurance).

Nolan v. Integrated Real Estate Processing, LLP, In the United States District Court for the Middle District of Florida, Case No. 3:08-cv-00642 (class action settlement approved based on overcharges for title insurance).

Bleich v. Chicago Title Insurance Company, In the 11th Judicial Circuit in and for Miami-Dade County, Florida, Case No.: 07-15721-27 (appointed as class counsel in certified class action, which is still pending).

Berry v. Mega Brands, Inc., et al., United States District Court, District of New Jersey, Case No.: 2:08-cv-01750 (counsel for lead plaintiff in approved class action settlement concerning defective toys).

Winward Builders, LLC v. Delos Insurance Group, In the Supreme Court of the State of New York, Nassau County, Case No.: 09-015214 (co-lead counsel in approved class action settlement based on insurance overcharges).

In re Groupon, Inc. Marketing and Sales Practices Litigation, United States District Court of the Southern District of Florida, Case No.: 11 md 2238 (Executive Committee Member in approved class action settlement)

In re TFT-LCD (Flat Panel) Antitrust Litigation, United States District Court, Northern District of California, Case No.: 3:07-md-1827 (counsel for lead plaintiff in approved indirect purchaser antitrust class action settlement).

*Some information is confidential due to confidentiality and non-disclosure provisions in settlement agreements.