Attorney Bradley Abraham Tobin's Legal Cases

Employment and labor

Branche v. Airtran Airways, Inc.

Aug 21, 2003

OUTCOME: Summary judgment in favor of Airtran vacated and remanded to the trial court.

The Plaintiff was an inspector for Airtran who had complained to the FAA about alleged violations of federal aviation regulations and was subsequently terminated. The trial court held that the Plainti ... ff's claim under Florida's Private Whistleblower Act was preempted by the Airline Deregulation Act, which has exclusive jurisdiction over issues pertaining to prices, routes and/or service.

Contracts and agreements

Sepe v. City of Safety Harbor

Aug 01, 2000

OUTCOME: Affirmed in part; reversed

Plaintiff appealed a final summary judgment in favor of the City of Safety Harbor where he had sued the City for breach of contract. Both parties had entered into a contract whereby Plaintiff performed ... audits of several utility companies to determine whether the utilities were paying all of the franchise fees and utility taxes due the City. Pursuant to the terms of the contract Plaintiff was entitled to a percentage of any franchise fee and/or utility tax underpayments that he identified and recovered for the City. Under the contract the City agreed that it "shall vigorously pursue, at the City's sole cost and expense, the recovery of underpayments identified by the [audits], using all reasonable means, including legal action, if necessary." However, if the City determined in its “sole discretion” that the pursuit of such recovery was not a justifiable expense it was not required to pursue such action. The decision was reversed with regard to one utility, whereby the Court held that the "sole discretion" term did not obviate the City's obligation to observe Florida's implied covenant of good faith found in all contracts.

Bradley Abraham Tobin's Legal Cases (2)

Branche v. Airtran Airways, Inc.

Sepe v. City of Safety Harbor