Verdicts and Settlements

The following list of verdicts and settlements are examples of the 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 million in wrongful death action)
  • Mask v. Encantada ($1 million in settlements in brain injury case where at-fault parties had limited insurance)
  • Vivar v. Topple ($280,000 jury verdict for client that suffered herniated disc and knee injury in auto accident)
  • Confidential Settlement ($600,000 for young man that suffered spinal injuries in collision between car and truck)
  • 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.