Crabtree & Auslander
Miami Appellate Lawyers

Complex Commercial Litigation


Complex Commercial Litigation and Personal Injury

Reynolds Tobacco Co. v. Smith, 131 So. 3d 18 (Fla. 1st DCA 2013).

The firm upheld a $30 million dollar verdict against a tobacco company’s challenge to both the compensatory damages ($10 million in noneconomic damages) and punitive damages ($20 million) awards. The firm persuaded two of the three judges on the panel to specially concur in upholding the judgment despite their stated deep concerns regarding whether there was evidence to support the large jury verdict. 

Tower Hill Select Ins. Co. v. Huber, 215 So. 3d 148 (Fla. 3d DCA 2017).

The firm succeeded on appeal in defending a judgment for the insured against several defenses to liability. Briefing issues included the authority for a plaintiff to withdraw part of his insured claim before trial without allowing the insurer to impeach the insured regarding that partial withdrawal and the legal adequacy of jury instructions and a verdict form.  

Bustamante, et al. v. George W. Butler, III.

After trial counsel obtained a $14 million verdict for the plaintiffs in a tragic auto accident case,  the firm handled the post-trial briefing and the appeal—winning a per curiam affirmance (PCA) of the entire judgment in favor of the plaintiffs.

Acevedo v. Florida Health Speciality Medical Center.

The firm provided successful appellant representation for an employer medical center by persuading the appellate court (in a PCA) that a general master’s report in a breach of employment contract lawsuit properly denied the appellant doctor’s claim for attorney’s fees under Florida frivolous lawsuit statute.

The “Two Forgotten Children” Case

(State, Dept. of Health & Rehabilitative Services v. T,R, ex rel Shapiro, 847 So. 2d 981 (Fla. 3d DCA 2002)).

The firm represented the State of Florida as special appellate counsel in a child welfare case of national interest in response to a “celebrated circuit court damage action”[Christina A. Zawisza, Child Welfare Managed Care in Florida: Will It Be Innovation or Abdication?, 25 Nova L. Rev. 619, 628 (2001)] that levied a $4.4 million jury award against the Department of Children and Families. The firm’s successful appellate representation resulted in the appellate court vacating the judgment and remanding the case with instructions that each child’s damages be capped at $100,000.

Gobbi v. Mamann.

The firm represented one of the world’s leading art collectors in a multimillion dollar real estate dispute as co-counsel before the trial court and, then, lead appellate counsel—representation that ultimately led to settlement with the producer of “Seinfeld” and “How I Met Your Mother.”