Significant Trial Court Verdicts, Judgment and Settlements

Corporate, Shareholder and Partnership Actions

• Elliot P. Borkson vs. Atlas Pearlman, P.A., et. al., Broward County Circuit Court Case No. 02-012826 (13). Successfully represented a named partner in a prominent Fort Lauderdale law firm in an action against his former partners/shareholders for financial misconduct, conversion, fraud, and breach of fiduciary duty, resulting in a substantial, confidential settlement.
• Wayne H. Schwartz v. Law Offices of Darren C. Blum, P.A., Broward County Circuit Court Case No. 05-012536 (14). Successfully represented former minority shareholder of law firm who had been denied rightful compensation when he separated from the Firm, resulting in a favorable settlement for the former shareholder/partner.
• Bazos v. South Florida Dentistry for Children and Orthodontics. Successfully represented a pediatric dentist in a breach of shareholder agreement dispute, and tortuous interference with professional practice, resulting in a favorable, confidential settlement for Plaintiff, dentist.
• Becka v. Berger & Singerman, P.A., Broward County Circuit Court Case No.99-000528 (13). Successfully represented prominent law firm in an action brought by former employee, resulting in a favorable settlement for Defendant, law firm.

Contracts - Business - Complex Commercial Disputes

• Dr. Kenneth Thomas v. CRA Fund Advisors, Inc. Successfully obtained a defense verdict after a 3 week jury trial, where Plaintiff alleged breach of contract (fraud and employment discrimination) and claimed a 25% equity interest in a multi-million dollar company.
• R.A. Wenham PTY, Ltd., v. Parker Leasing & Finance Service, Gary Parker, Robert Parker & Paul Parker, Broward County Circuit Court, Case No. 00-009156 (02). Successfully represented Defendant in jury trial accused of fraud and breach of contract where Plaintiff sought $36,000,000 in damages. Defense verdict on fraud and breach of contract counts.
• Granada, LLC., v. City of Coral Gables, (Miami-Dade Circuit Court Case No. 07-23410 CA 40). Successfully represented the Plaintiff resulting in a seven figure settlement for client against the City of Coral Gables for breach of a country club management contract relating to the renovations and management of the Coral Gables Country Club.
• Federal District Court Verdict - Insurance Coverage - Alan Krieff advs. State Farm. Mr. Marcus successfully obtained a favorable jury verdict finding liability coverage under homeowner's policy, where homeowner, Krieff, was accused of intentionally shooting a teenage boy after tracking him down for trespassing on his private compound. The insurance company claimed the shooting was intentional, which was supported by eyewitness testimony. Mr. Marcus convinced the jury the shooting was negligent, thereby securing insurance coverage for the injured teenager's claims.

First Amendment; Constitutionality of Adult Entertainment Center Zoning Ordinances

• The Set v. City of Hallandale Beach (Broward County Circuit Court Case No. 02-000409 (05) and Federal District Court Case No. 01-7896 Civ. Highsmith) together with co-counsel, successfully represented the owner of The Cheetah adult entertainment nightclub. Challenged the City of Hallandale Beach Adult Entertainment and Alcohol Ordinances, resulting in a settlement agreement with the City, establishing the only adult entertainment night club in the City of Hallandale Beach.
• Jilco, Inc., et. al., v. The City of Oakland Park, Federal Court Case No. 03-60902 Civ-Dimtrouleas together with co-counsel successfully sued the City of Oakland Park on behalf of Solid Gold, an adult entertainment night club, challenging the constitutionality and enforcement of the City's adult entertainment ordinances, resulting in the issuance of an adult entertainment license to operate an adult club in the City.
• 3342 Social Club v. Palm Beach County, (Palm Beach County Circuit Court Case No CA-02-03813 AF) successfully defended against Palm Beach County's lawsuit seeking to enjoin the operation of The Cheetah Palm Beach, an adult entertainment night club, resulting in a settlement where the City recognized The Cheetah as a legal, non-conforming use.

Business Litigation - Cable TV Rights - FCC; Condominium

• Leadership Acquisition Limited Partnership d/b/a Adelphia Cable Communications v. Spanish Oaks Condominium Association, Inc., and People's Choice Cable, (Palm Beach County Circuit Court Case No.:50 2004 CA 001525 XXXXMB AJ) successfully defended a local cable company in defeating a national cable company's motion for injunction regarding the ownership and use of condominium wiring and cable under FCC Rules, resulting in the client maintaining its right to own and operate its cable business at the condominium.

Mediation - Arbitration - Special Master - Private Judge

• Mr. Marcus is a certified court mediator and arbitrator. Mr Marcus established Marcus Dispute Resolution, Inc. and over the years has served as an aggressive, evaluative mediator and arbitrator for complex business and commercial disputes in hundreds of cases. See website MarcusMediations.com or email: ira@marcusmediations.com

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