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Mr. Rosenbaum joined the Firm in 1980, and opened the Firm's Palm Beach County office in 1983, when he also became a shareholder in the Firm. He has been the Managing Shareholder of the West Palm Beach office since that time. Florida Trend Magazine has recognized Mr. Rosenbaum among its "Legal Elite" in the area of Civil Trial Law on several occasions. This designation was based upon a poll of Florida attorneys, who selected peers in the top 2% of their respective practice areas. Mr. Rosenbaum was also repeatedly selected as a "Florida Super Lawyer" by Law & Politics Magazine, which named Florida's top lawyers as chosen by their peers, and similarly recognized by other publications as well. Mr. Rosenbaum, now in his 28th year with the Firm, has devoted his entire practice to litigation. He has extensive trial and appellate experience in both the State and Federal Courts of Florida and other jurisdictions, and has handled hundreds of trials and evidentiary hearings throughout his professional career. His practice consists of an unusually broad spectrum of legal matters. While the vast majority of Mr. Rosenbaum's practice consists of State and Federal trial court litigation, he has handled numerous appeals. Some of his notable appellate decisions in different practice areas follow: Disaster Recovery In the last few years, Mr. Rosenbaum has also been extremely active in litigation of multi-million dollar hurricane damage claims, most of which are pending in the Federal Courts. Some early decisions follow: Townhouses of Highland Beach Condominium Association, Inc. v. QBE Insurance Corp., 2007 WL 1812277 (S.D. Fla. 2007) (Order Denying QBE's Motion to Dismiss). Townhouses of Highland Beach Condominium Association, Inc. v. QBE Insurance Corporation, 2007 WL 2403272 (S.D. Fla. 2007) (Order Denying QBE's Motion For Reconsideration). Most recently, on August 29, 2007, Mr. Rosenbaum won an approximate 8.1 million dollar Federal Court jury verdict for hurricane damages in the case of Chalfonte Condominium Apartment Assosciation, inc. v. QBE Insurance Corp., Case Number 06-81046-CIV-MIDDLEBROOKS/JOHNSON, in the United States District Court for the Southern District of Florida. Governmental Litigation Experience includes trials and appeals of eminent domain lawsuits, including trial and appeals of litigation to expand Palm Beach International Airport , environmental law cases, ad valorem tax cases on large commercial developments and public records cases: Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA 2003) (Ad valorem taxation of Pompano Harness Track); Zamecnik v. Palm Beach County, 768 So. 2d 1217 (Fla. 4th DCA 2000) (Eminent domain proceedings to construct golf course on noise impacted land by aircraft using primary runway at Palm Beach International Airport); Town of Palm Beach v. State Department of Natural Resources, 577 So. 2d 1383 (Fla. 4th DCA 1991) (Jurisdictional limitations between local government and State of Florida in relation to passage of environmental ordinance); Town of Manalapan v. Rechler, 674 So. 2d 789 (Fla. 4th DCA 1996) rev. denied , 684 So.2d 1353 (Fla. 1996). (Writ of mandamus for public records requests made simultaneous with pending litigation); Old Port Cove Property Owners Association, Inc. v. Old Port Cove Properties, LTD., Inc., 534 So. 2d 924 (Fla. 4th DCA 1988) (Environmental limitation on expansion of marina which jeopardized protected species) Labor and Employment Law Experience includes trials and appeals of complex labor and employment cases, including various types of discrimination cases, civil rights cases and administrative matters before the EEOC and the courts: McDonough v. O'Rourke, 897 F.Supp. 1445 (S.D. Fla. 1995) (Employment litigation) Savanna Club Worship Service, Inc. v. Savanna Club Homeowners Association, Inc., 456 F. Supp. 2d. 1223 (S.D. Fla. 2005) (Fair Housing Act violations for religious activities) United States of America v. Sea Winds of Marco, Inc., 893 F. Supp. 1051 (M.D. Fla. 1995) (Defense of Justice Department lawsuit for Fair Housing Act violations) Jennes, et. al. v. Ocwen Federal Bank FSB, case No. 99-8681 CIV-Ryskamp, aff'd Jennes, et. al. v. Ocwen Federal Bank FSB, Case No. 02-10265-EE, Eleventh Circuit Court of Appeals (Opinion of January 28, 2003) (Fair Labor Standards Act and Incentive Compensation Plan claims) State and Federal Class Action Certification Litigation Experience includes numerous class action certification cases in various types of lawsuits: Binder v. Rainbow Medical, Inc., 831 So. 2d 254 (Fla. 3 rd DCA 2002) (Misrepresentation class action in the sale of securities); Spitz, et al v. Connecticut General Life Insurance Company v. Minkin, Case No. 95-CV-3566, Central District of California, (Appealed in case No. 99-55403, United States Court of Appeals, Ninth Circuit) (Appeal of omitted class member in interest-sensitive insurance policy in class-action litigation). Complex Commercial Litigation, including business litigation, intellectual/intangible property litigation, real estate litigation and developers' rights and association litigation Extensive trial and appellate experience includes the following reported appeals: Milani v. Palm Beach County et al., 2008 WL 183359 (Fla. 4th DCA) (Appellate Court affirms ruling that minor encroachments on land to be used for a county park are permissible). Old Port Cove Condominium Association One, Inc. v. Old Port Cove Holdings, Inc., 954 So. 2d 742 (Fla. 4th DCA 2007); (Abrogation of Florida's common law rule against perpetuities and finding no unreasonable restraint on alienation violation for a right of first refusal for a commercial parcel, and certifying conflict of appellate decisions to the Florida Supreme Court); Bank One, Dayton, N.A. v. Sunshine Meadows Condominium Association, Inc., 641 So. 2d 1333 (Fla. 1994) (Mortgage of commercial lender incorporated into common elements of condominium); Ocwen Financial Corp. v. Holman, 769 So. 2d 481 (Fla. 4th DCA 2000) (Arbitration clause in complicated purchase and sale agreement required all claims to go to arbitration); Boca Grande Property Owners Association, Inc. v. Boca Development Associates, Inc., 570 So. 2d 1091 (Fla. 4th DCA 1990) (Deed restriction against development of commercial property did not preclude construction of 355,000 square foot commercial shopping center); In re Lot 20, Block H, Revised Map of Royal Park Addition to Palm Beach , Fla., 603 So. 2d 714 (Fla. 4th DCA 1992) (Constitutional homestead protection superior to Statewide Prosecutor's RICO lien); Weinstein Design Group, Inc. v. Cecil Fielder, 884 So. 2d 990 (Fla. 4th DCA 2004) (Unlawful commercial use of major league baseball players name); Ocean Trail Unit Owners Association, Inc. v. Mead, 650 So. 2d 4 (Fla. 1994) (Association entitled to assess unit owners to pay judgment for illegal actions of board, and settlement with insurance carrier and related actions to mitigate damages otherwise proper); Condominiums on the Intracoastal, Inc. v. Barnett Bank of Palm Beach County, 502 So. 2d 84 (Fla. 4th DCA 1987) (Bank not entitled to enjoin meeting of unit owners to pass amendment to affect bank's rights); Brough v. Imperial Sterling Limited, 297 F. 3d 1172 (11th Cir. 2002) (Determination of speculative damages under Florida law); Alpha 2001, Inc./Omega 2011, LLC v. Bookstein, 993 So. 2d 731 (Fla. 4th DCA 2006) (Entitlement to shares in predecessor corporation where merger intended to defeat creditor's rights); Royal Ambassador Condominium Association, Inc. v. East Coast Supply Corp., 495 So. 2d 932 (Fla. 4th DCA 1986) (Mechanics and materialmens liens are required to be imposed upon condominium units in their pro-rata share of liability); High Point of Delray Beach West Condominium Association Section 3, Inc. v. Nielsen, 594 So. 2d 828 (Fla. 4th DCA 1992) (Reliance upon developer's exemption letter does not constitute estoppel for alleged medical necessity); Berg v. Bridle Path Homeowners Association, Inc., 809 So. 2d 32 (Fla. 4th DCA 2002) (Burden of proof concerning passage of validity of homeowners assessments improperly shifted to the defendant where defendant's pleading placed them at issue); Sandpiper Cove Condominium Association, Inc. v. Diamondhead Shelter, Case No. 1985 CA 425S, affirmed, Case No. BH-176 (Fla. 1st DCA 1986) (Condominium association acquired rights by quasi-easement over tract owned by developer) Abbey Park Homeowners Association, Inc. v. Bowen, 508 So. 2d 554 (Fla. 4th DCA 1987) (An injunction, which is perpetual in time, is unlawful. Also, unit owner may not avoid liability for assessments for association's failure to maintain common areas, because covenants are not dependent upon each other). |
