Almany Investors, Ltd. v. Nextel South Corp., 2015 WL 74091 (S.D. Fla. 2015)

Jan 06, 2015

OUTCOME: Mr. Rosenthal successfully obtained a summary judgment defeating a claim for breach of lease by a rooftop lessor on behalf of Nextel South Corp.

Harty v. SRA/Palm Trails Plaza, LLC, 2010 WL 5128954 (S.D. Fla. 2010),

N/A

OUTCOME: Denied plainitff the right to inspect entire property

A case which clarified that an ADA plaintiff lacks standing to complain about barriers that he did not encounter and is not entitled to perform a post-filing inspection of areas within a property that ... were not encountered by him prior to the filing of the complaint

Maya v. Omnicare, Inc., 2010 WL 2889569 (S.D. Fla. 2010)

N/A

OUTCOME: Case remanded

A case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in controversy is merely based on speculation

Briceno v. Sprint Spectrum, L.P., 911 So.2d 176, (Fla. 3d DCA 2005)

N/A

OUTCOME: Mr. Rosenthal's client, Sprint, was able to enforce its arbitration clause and require a lawsuit by the plaintiff to be arbitrated

A case involving the ability of a party to a contract (in this case Sprint) to bind parties to standard contractual terms posted on the internet

Watson v. Adecco Employment Services, Inc., 252 F.Supp.2d 1347 (M.D. Fla. 2003)

N/A

OUTCOME: Mr. Rosenthal's client, Adecco, was dismissed from lawsuit on summary judgment

One of the first cases ever to establish the limitation on liability of a temporary staffing firm for discrimination against a temporary employee

Design Center of the Americas, LLC v. Mike Bell, Inc., 2014 WL 5343630 (S.D. Fla. 2014)

N/A

OUTCOME:

A case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in the complaint is not alleged to be more than $75,000 and the sole basis for ... the removal is the amount at issue in the defendant's counterclaim. The decision was the first published opinion in the Southern District of Florida that clarified the rule that the counterclaim is irrelevant when determining the amount in controversy in a removal setting.

Gunter v. Sprintcom, Inc., 2016 WL 1619892 (M.D. Fla. April 15, 2016)

N/A

OUTCOME:

Court granted the client’s (Sprintcom, Inc.) motion to compel arbitration and to stay the litigation based on the arbitration agreement contained in the Terms and Conditions of Service.

In re Turner, 2014 WL 5642665 (Bkrtcy. S.D. Fla. 2014)

N/A

OUTCOME:

Awarded Rule 11 sanctions in favor of a creditor represented by Mr. Rosenthal and against a Chapter 13 debtor and his attorney for filing a Chapter 13 bankruptcy petition when the debtor was not eligib ... le for Chapter 13 bankruptcy and who filed inaccurate schedules.