Wrongful Death

Compensatory Damages
When evaluating the possible compensatory damages you may be entitled to due to a wrongful death, it is important to consider several factors. First off, the type and amount of damages survivors can recover depends on their relationship to the deceased person. For instance, survivors can get reimbursed for the value of lost support and services prior to the death, and for the estimated value of lost future services and support.

 

In determining the value, the probable future income of the deceased will be calculated, and specific relationships of survivors will be considered. This means that closer family members who would have benefited more from the deceased person will receive more reimbursement. These determinations and calculations may be complicated, and an experienced wrongful death attorney will know how to maximize family members’ recovery. The diligent team of attorneys at Conrad & Scherer in Fort Lauderdale can help you navigate these complex situations.

 

What Types of Damages Can I Recover?
Family members can also recover costs for any emergency or medical bills and funeral expenses that they incurred as a result of the deceased person’s injuries and subsequent death. Additional damages can include mental pain and suffering family members experience as a result of the unexpected death, which also can include any pain and suffering experienced by deceased persons prior to their death.

 

Furthermore, spouses can recover for loss of companionship, and children who lose a single parent can also recover for loss of parental companionship, guidance, and instruction. These are only a few of the possible damages that a surviving loved one may be entitled to, and although it is difficult for anyone to place a dollar amount on the life of a spouse, child, or parent, Conrad & Scherer attorneys are adept at making certain our clients receive full and complete compensation for the loss of a loved one.

 

Florida’s Wrongful Death Statute
To summarize, the damages recoverable under Florida law can be found under Florida’s Wrongful Death Statute. These damages includes the following, among others:

 

• Medical, hospital, funeral and burial expenses
• Compensation for the decedent’s pain and suffering, during any period of consciousness between the time of injury and death
• Losses suffered by the decedent’s spouse, children, or next of kin
• Pain and Suffering of the statutory survivors
• Loss of financial support
• Loss of services
• Loss of gifts or other valuable gratuities
• Loss of parental training and guidance
• Loss of society and companionship


If third parties caused the death of your loved one, intentionally or unintentionally, they should be held liable for their actions or negligence. Whether or not your loved one was killed by an accident, a defective product, medical malpractice, an act of violence, or another event, Conrad & Scherer’s experienced team of attorneys will help you fight for justice on behalf of the losses you have endured.

 

Conrad & Scherer’s Commitment to Wrongful Death Victims
For more than 45 years, the passionate attorneys and diligent support staff at Conrad Scherer have represented hundreds of families and filed successful claims and lawsuits against negligent persons and businesses for their actions. Conrad Scherer attorneys are also board-certified Florida trial lawyers and have extensive experience representing clients in wrongful death claims. We have the competence, skill, and necessary experience to understand Florida’s wrongful death laws and ensure that each of our clients receive the maximum possible compensation permitted by Florida law.

 

The Ft Lauderdale, Fl. law offices of Conrad & Scherer handle wrongful death claims throughout South Florida and across the entire state of Florida. While we focus much of our efforts on the South Florida area including Fort Lauderdale, Plantation, Weston, Pembroke Pines, Coral Springs, Coral Gables, Miramar, Miami Beach, North Miami Beach, Aventura, Key West, Key Largo, Marathon, Plantation, Fort Meyers, West Palm Beach, Boca Raton and Jupiter, Florida, we also litigate wrongful death cases in all other counties in Florida. Conrad & Scherer also has offices in New York, North Carolina, and overseas.

 

Contact Our Team of Wrongful Death Lawyers
If you or someone you know is the victim of a negligent or intentional act that has led to the tragic and sudden death of a family member or loved one, reach out to the dedicated legal team at Conrad & Scherer today. We will not rest until you seek the justice and compensation you and your family rightfully deserve. Call us today to discuss the unique circumstances surrounding your case and to schedule a no-obligation legal consultation with a Conrad & Scherer attorney.

  • WILLIAM R. SCHERER, JR.
    AREAS OF PRACTICE
    BIO
    WILLIAM R. SCHERER, JR.
    Founder & Managing Partner
    WILLIAM R. SCHERER, JR.
    EDUCATION
    • School of Law at Indiana University, Juris Doctor, 1973, magna cum laude
    • Franklin College of Indiana, Bachelor of Science, 1969
    BAR ADMISSIONS
    • Florida Bar, 1973
    • Indiana Bar, 1973
    • District of Columbia Bar, 2010
    • United States District Court for the District of Colorado, 2014
    • United States District Court for the Southern District of Florida, 1974
    BIOGRAPHY:
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    William R. Scherer co-founded the firm in 1974 with his late partner Rex Conrad. Over the past almost four decades, Mr. Scherer has grown Conrad & Scherer into one of Florida’s leading law firms and has expanded the firm’s presence with offices in New York, New York, Brevard, North Carolina, and Quito, Ecuador.

    AV® Preeminent™ Peer Rated by Martindale-Hubbell® since 1987, Mr. Scherer is a seasoned trial attorney. He has litigated over 100 trials in both jury and non-jury cases before state, appellate, and federal courts. Mr. Scherer’s cases and legal accomplishments have received coverage by major television networks such as CNN, CNBC, MSNBC and FNN and national and local newspapers such as The New York Times, Los Angeles Times, The Wall Street Journal, South Florida Business Journal, the Daily Business Review, the Sun-Sentinel and the Miami Herald.

    Mr. Scherer was lead counsel for victims of the infamous multi-billion dollar Ponzi scheme orchestrated by Scott Rothstein. Notably, Mr. Scherer led his complex litigation team and achieved an historic settlement returning to investors what is said to be the highest percentages of recovery for victims of a Ponzi scheme. News outlets described the settlement as a “huge victory” and a “landmark” lawsuit.

    In 2005, Mr. Scherer served as plaintiff’s counsel in a high-profile commercial lawsuit involving the sale of a health insurance company and obtained, by jury verdict, one of the largest damage awards in Broward County history.

    During the historical 2000 Presidential Election Litigation in Florida, Mr. Scherer led a team of attorneys representing President George W. Bush and personally represented the President in the Broward County recount.

    In addition to his litigation practice, Mr. Scherer has also served as counsel to various government entities. From 1988 to 2005, Mr. Scherer served as General Counsel to the North Broward Hospital District, one of the largest public health care providers in the nation, with four hospitals and nine specialized treatment centers. As General Counsel for the Hospital District, he supervised teams of legal experts in healthcare and malpractice law, and was responsible for all trials and legal actions taken by or against the Hospital District.

    Mr. Scherer began his legal career as a law clerk to the Indiana Supreme Court and the Honorable Charles Fulton, Former Chief of the United States District Court for the South District of Florida.

    Community Involvement/Affiliations
    • American Board of Trial Advocates, Member/“Advocate,” 1989 to present
    • Broward Workshop, Board Member, 2002 to 2012
    • Broward County Ethics Commission, 2009 to 2010
    • City of Fort Lauderdale Downtown Development Authority, Board Member, 1989 to 1996 and 2003 to 2010
    • Franklin College Board of Trustees, 2000 to 2008
    • Judicial Nominating Commission for the Seventeenth Circuit, Gubernatorial Appointee (Governor Martinez, Governor Bush and Governor Scott), 1987 to 1999, 2001 to 2003, 2003 to 2007 (Chair in 2006), 2011 to 2012
    • Judicial Nominating Commission for the Fourth District Court of Appeal, Gubernatorial Appointee (Governor Bush), 1999 to 2003
    • Florida Department of Business and Professional Regulation, Interim General Counsel, Gubernatorial Appointee (Governor Bush), 2000
    • Florida Lawyers for Bush, Statewide Co-Chair, 1998 to 2000
    • Florida Lawyers for Bush, Broward and Palm Beach County Chair, 1998 to 2000
    • Federal Bar, Grievance Panel for the Southern District of Florida, 1995 to 1997
    • Florida Patient Compensation Fund, Board of Directors, 1992
    • Federal Bar Association, Broward County Chapter, Past President, 1982 to 1983
    Significant Matters/Cases
    • Lori Parrish, Broward County Property Appraiser v. Board of County Commissioners, Broward County, Florida, Case No.: 13-023090. Successfully obtained a writ of mandamus on behalf of Broward County Property Appraiser Lori Parrish after the Broward County Board of Commissioners failed to comply with its statutorily mandated duty to fully fund the first quarter payment of the Property Appraiser’s Fiscal Year 2014 Budget as approved by the Department of Revenue.
    • Mr. Scherer led his team of attorneys and para-professionals in the representation of a diverse group of plaintiffs seeking recovery of over $225 million in investor losses resulting from a multi-billion dollar structured settlement Ponzi scheme. This nationally publicized case focused on Toronto Dominion Bank’s (TD Bank) role in facilitating this criminal enterprise asserting novel claims that the Bank willfully aided and abetted the Ponzi fraud. After months of litigation, the matter was resolved through settlement resulting in the highest percentage recovery for victims entangled in a Ponzi scheme.
    • In conjunction with the Rothstein Ponzi scheme civil litigation, Mr. Scherer served as Chairman of the Creditors’ Committee in Rothstein’s law firm’s bankruptcy proceeding from December 2009 through December 2012.
    • In 2005, Mr. Scherer co-represented a doctor and health care entrepreneur who had purchased HIP of Florida—now Vista Health Plans of Florida—from HIP of New York. Scherer filed a suit on behalf of his client against HIP of New York alleging that HIP hid financial information from his client who had purchased the company for $40 million. Following a 14 week trial, and despite HIP of New York’s countersuit for breach of contract, a jury awarded one of the largest individual verdicts in Broward Circuit Court history. That award included an award of compensatory damages for fraud and the cancellation of a multi-million dollar note to the defendant. Jurors had found liability for punitive and compensatory damages, but before they could determine an award on punitive damages, the case was settled out of court.
    • Mr. Scherer led his team of attorneys representing President George W. Bush during the historical 2000 vote recount and personally represented the President in the high stakes Broward County recount. Conrad & Scherer’s responsibilities as counsel to President Bush included advising the President on his legal strategy in Broward County and also acting as a key contributor in Bush’s distinguished statewide Florida legal team. In fact, President Bush has praised Conrad & Scherer’s attorneys for their important legal contributions to his success in Florida. The firm’s contribution has also been implicitly recognized in the United States Supreme Court decision of Bush v. Gore, 531 U.S. 98 (2000), where the high court freed Florida Secretary of State Katherine Harris’s certification of George W. Bush as the winner of Florida’s electoral votes in the 2000 presidential election.
    • Mr. Scherer led his team of attorneys in defending a client against a third-party government agency’s interference with Broward County’s public bid process, which put at risk an existing five year janitorial services contract for the Fort-Lauderdale/Hollywood International Airport totaling approximately $69 million. The firm successfully asserted constitutional due process violations challenging the third-party agency’s involvement in the process and deviation from the County Code and Charter. The firm prepared to file a bid protest and to seek judicial relief for the constitutional violations if a successful political resolution was not reached.
    • Mr. Scherer led his team of attorneys defending one of the largest mega-yacht marina and shipyards in the US from being over-regulated by a local fire marshal and was able to resolve the matter favorably through the political process and without litigation. The fire marshal had attempted to regulate the shipyard’s spray painting of mega-yachts/large vessels within temporary enclosures – an industry-wide practice already regulated under OSHA. Resolution required multi-government lobbying of the Florida CFO in his capacity as the State Fire Marshal, Broward County Commission, the Broward Board of Rules and Appeals (“BORA”), the City of Fort Lauderdale, and the local Fire Prevention Bureau. If the fire marshal was successful, the impacts to the Tri-County’s multi-billion dollar marine industry would have been devastating. In addition to the government relations aspect of this matter, the firm prepared to seek judicial relief for the constitutional violations if a successful political resolution was not reached.
    • Successfully enforced a $41 million judgment against a prominent real estate developer by attacking an offshore Nevis trust. Pursued multiple court actions in domestic and international jurisdictions, including the Cayman Islands. This was one of the first instances in the U.S. where a U.S. creditor was able to successfully attack a Nevis trust. The case resulted in a settlement of over $44 million for the client.
    • Represented a municipality and prevailed at trial in a $100 million dollar lawsuit brought by a large developer against the municipality for breach of an alleged contract to develop 11 acres of Florida oceanfront property.
    Awards/Recognitions
    • AV® Preeminent™ Peer Rated by Martindale-Hubbell®, since 1987
    • Recognized as a Best Lawyer in Commercial Litigation for The Best Lawyers in America©, 2018 to 2021
    • Listed in Super Lawyers® “Super Lawyer”, 2006 to 2018, 2020
    • Listed in Florida Trend’s Legal Elite, “Florida Legal Elite”, 2004, 2010, 2014 and 2020
    • Listed in South Florida Legal Guide, “Top Lawyers”, 2006 to 2020
    • Listed as one of the “FACES of Fort Lauderdale” in Complex Commercial Litigation by Fort Lauderdale Illustrated Magazine, 2020
    • Listed as one of the “FACES of Fort Lauderdale” in Complex Commercial Litigation by Gold Coast Magazine, April 2019
    • Recognized as an “Ultimate CEO” by the South Florida Business Journal, 2013
    • Listed in VerdictSearch’s, “Top 100 Verdicts of 2005”, 2005
    • Recognized as “Most Effective Lawyer” by the Daily Business Review, 2005 and 2012
    • Profiled as a “Power Broker” by the Sun-Sentinel Newspaper, 2002
    • Listed as one of “The 50 Most Powerful People in Broward County” by Gold Coast Magazine, May/June 2002
    • Profiled as a “Political Power Broker” by Gold Coast Magazine, April 2002
    Publications/Teaching & Speaking Engagements
    • C5’s 3rd Forum “Fraud, Asset Tracing and Recovery,” Miami Beach, Florida, Speaker, “Miami Vice—Unraveling the $1.2 Billion Rothstein Ponzi Scheme,” October 2012
    • American Board of Trial Advocates and the Fort Lauderdale Chapter of ABOTA “Masters In Opening Statements and Closing Arguments”, Fort Lauderdale, Florida, Speaker, May 2011
    • BankAtlantic Attorney Seminar, Fort Lauderdale, Florida, Speaker, “Unraveling a Ponzi Scheme,” October 2010
    • Boys and Girls Club of Broward County Men’s Luncheon, Fort Lauderdale, Florida, Featured Speaker, “The Ponzi in its Aftermath,” April 2010
    • William R. Scherer Jr., Directors and Officers Face Liability – Check Your D&O Insurance Now, Smart Business – Broward/Palm Beach, April 2005 at 14.
    • William R. Scherer Jr., Vital Reforms – Why Everyone Needs to Pay Attention to Proposed Medicaid Reforms, Smart Business – Broward/Palm Beach, March 2005, at 24.
    • William R. Scherer, Jr., Medicaid Reform – A Call to Action, South Florida Hospital News, March 2005.
    • William R. Scherer Jr., Editorial, Recommended Reforms Must Pass in Session, South Fla. Sun Sentinel, June 16, 2003, at 21A.
    • William R. Scherer Jr., Sovereign Immunity in Indiana- Requiem 6 Ind. L. Rev. 92 (1972).
  • IRWIN R. GILBERT
    AREAS OF PRACTICE
    BIO
    IRWIN R. GILBERT
    Senior Partner
    IRWIN R. GILBERT
    EDUCATION
    • University of Buffalo, John Lord O’Brien School of Law, Juris Doctor, 1977
    • University of Buffalo, Bachelor of Science, 1970
    BAR ADMISSIONS
    • Florida, 1996
    • District of Columbia, 1980
    • New York, 1978
    • United States Supreme Court
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Northern District of Florida
    • U.S. District Court, Southern District of Florida
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Western District of New York
    BIOGRAPHY:
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    Irwin Gilbert is a senior partner at Conrad & Scherer’s Fort Lauderdale office with a practice concentrating primarily on complex commercial litigation, general business litigation, construction defect litigation, class actions and professional liability. Practicing in State and Federal Courts in Florida and across the Country, Irwin represents fortune 100 companies in high stakes litigation. He has been selected as lead counsel for the defense in mass shooting cases.

    Irwin believes that success depends on communicating with the client to fully understand the client’s needs and expectations and designing a strategy to achieve those results in the most efficient manner possible.  He has repeatedly “compressed the timeline” of litigation to conserve the client’s resources and minimize the disruption of the client’s business.  When it comes to litigation, time is money.  Compressing the timeline means getting the case on the fastest track, deflecting delay strategies by opposing counsel and getting the case to a resolution before his clients exhaust their patience and their resources. While Irwin has extensive experience taking complex litigation through trial, he believes that most disputes have the potential for less expensive resolution if the issues and objectives are clearly identified at the outset.

    Irwin’s clients have included banks, investment firms, executives, celebrities, legal professionals, and Fortune 500 companies.  In some of his more groundbreaking decisions, Irwin reigned in fiduciaries who had exceeded their powers, including court-appointed guardians and Assignees for the Benefit of Creditors.  Irwin has also protected business clients from lawsuits, including class action, antitrust matters and trade secrets cases. In several of these cases, more than one hundred million dollars was at risk.

    Irwin has a wide range of experience practicing throughout the United States and has litigated cases in Great Britain and Japan. His original training was in antitrust and unfair competition, defending companies in Robinson Patman and price-fixing conspiracy cases.  He also served as Chairman of the Business Law Section of The Florida Bar’s Antitrust & Trade Regulation Subcommittee and also as Chair of the Florida Bar’s Business Litigation Committee.

    Prior to studying law, Irwin studied physics and electrical engineering and was engaged in government service. Irwin earned his Juris Doctor degree from the University of Buffalo, John Lord O’Brien School of Law and after clerking, began practicing in two large New York City law firms. Prior to joining the firm, Irwin was a Partner in his own practice also defending private lenders, construction companies and commercial real estate developers in complex commercial litigation.

    Community Involvement/Affiliations
    • Member, Florida Bar Business Law Section
    • Co-Chairman, Business Litigation Committee, Business Law Section of The Florida Bar
    • Chair, Antitrust & Trade Regulation Subcommittee, Business Litigation Committee, Business Law Section of The Florida Bar
    • Client Security Fund Committee, The Florida Bar
    • Past Chairman, 15th Circuit Grievance Committee, The Florida Bar
    • Past Regional Vice President, The National Client Protection Organization, Inc. (NCPO)
    Significant Matters/Cases
    • Ullrich v. Welt (In re Nica Holdings, Inc.), 810 3d 781 (11th Cir. 2015). Wishing to dissolve and wind up its affairs, Nica Holdings, Inc. decided to avoid the more expensive route of a Chapter 7 Bankruptcy and chose instead to irrevocably assign its assets to an Assignee under Florida’s Assignment for Benefit of Creditors (“ABC”) statute, Section 727.101, et seq.  One of its assets was stock in a Nicaraguan corporation engaged in fish farming (“Nicanor”).  Seeking to sell that asset, the Assignee entered into an unambiguous and unconditional agreement to sell the stock to an existing investor in Nicanor, Peter Ullrich.  Despite receiving a substantial down payment from Ullrich, the Assignee never notified creditors nor sought court approval of the sale.  He kept the down payment and sold the stock to a third party.  The Assignee essentially botched the entire ABC case and himself became the subject of a lawsuit.  In turn the Assignee, facing motions to remove him for cause and for leave of court to sue him personally, took it upon himself to file bankruptcy on behalf of Nica—despite the fact that he had no authority to do so.  Irwin represented Ullrich who had contracted to purchase the stock in Nicanor and who lost millions of dollars due to the Assignee’s actions.  The Assignee happened to be a Chapter 11 Panel Trustee in the same court in which he filed bankruptcy on Nica’s behalf.  In a series of stunning events, Ullrich’s claim against the Assignee was taken away from him as “derivative,” and the Chapter 7 Trustee promptly settled that multi-million dollar claim for a mere $50,000.00, letting the Assignee off the hook. On behalf of his client, Irwin appealed, challenging the Assignee’s authority to file the bankruptcy case in the first place.  Deciding on an issue of first impression, the U.S. Court of Appeals for the Eleventh Circuit reversed the Bankruptcy Court and held that an assignee acting pursuant to Florida’s ABC statute lacked the inherent authority to place the assignor into bankruptcy.  As a result, the orders entered in the bankruptcy case filed by the Assignee were void ab initio, with the settlements reached therein and approved by the Bankruptcy Court subject to reversal.
    • Jasser v. Saadeh, 97 So.3d 241 (Fla. 4th DCA 2012). In a significant decision, the Florida’s Fourth District Court of Appeal ruled that an Allegedly Incapacitated Person (“AIP”) in an involuntary incapacity case cannot settle the case prior to a determination of capacity and that the appointment of a Temporary Guardian strips the AIP of his legal right to enter into a settlement agreement.  Karim Saadeh was an elderly widower who alarmed his children when he decided to remarry.  His children decided to hire a lawyer and have him found incapacitated. After court proceedings, an Emergency Temporary Guardian was appointed.  Saadeh was an immigrant from the Middle East and was unfamiliar and intimidated by the court processes.  In order to “settle” the litigation, Saadeh agreed to sign a Revocable Trust in which his three children would control the Trust.  He unwittingly signed an Irrevocable Trust.  The Trust he signed was plainly labeled “Revocable Trust,” but a reading revealed Saadeh could not revoke it himself.   All of his property was transferred to the Trust resulting in exposure to massive gift taxes.  At trial, Irwin succeeded in having the Trust found void ab initioand also recovered the legal fees his children’s lawyers took from the Trust.
    • Saadeh v. Connors, Meyer, Barfield and Noble,166 So.3d 959 (Fla. 4th DCA 2015). On behalf of his client, Karim Saadeh, Irwin sued those responsible for tricking him into signing an irrevocable trust.  In this case brought upon the “wrongful act doctrine,” Irwin sought to recover hundreds of thousands of dollars in legal fees his client incurred in getting the trust dissolved.  One of the defendants was the attorney for the Emergency Temporary Guardian.  Saadeh sued on the theory that even though she was not his attorney, she had a duty to act solely in his best interest, since he was a Ward of the Court.  The trial court granted summary judgment dismissing the claims against this lawyer.  On appeal, Florida’s Fourth District Court of Appeal reversed.  In a case of first impression, that court held that the Guardian’s attorney owed a duty of care to Saadeh, and that a breach of that duty would present a viable claim.
    • Jasser, Mamone and Lycke v. Saadeh,91 So.3d 883 (Fla. 4th DCA 2012). Karim Saadeh loaned a large sum to Jasser, Mamone, and Lycke who intended to use loan proceeds to purchase an investment property. Repayment of the note was due after the property was sold.  The Note did not contain a maturity date.  The borrowers argued that the note was not silent as to maturity because the note provided for payment when the house was sold.  The trial court granted judgment to our client, finding the Note was effectively “due on demand.” The District Court of Appeals affirmed, adding a finding that the Pre-Trial Stipulation stated “By operation of law the Note was due on Demand.”
    • In re Dack,101 Misc.2d 490 (NY 1979). Dack was a Police Officer who was in a gun battle with a suspect in an alley just 40 feet apart.  Although suffering a head wound, Dack was able to return fire and kill his assailant.  The morning newspaper reported that “witnesses to the shooting” told reporters that Dack executed the suspect at point blank range as he lay on the ground.  However, there were no witnesses to the shooting in an alley in the middle of the night.  It is believed that the reporters either made up the story or they recklessly disregarded the truth.  In pre-suit discovery, Irwin deposed the two reporters, who then refused to answer questions based upon New York’s Shield law, which protects the confidentiality of a reporter’s sources.  Irwin succeeded in convincing the court that, under the circumstances of allegedly speaking to witnesses in the crowd of people that formed after the shooting was over, there would be no expectation of confidentiality.  This case was cited by prosecutor “Jack McCoy” in an episode of TV’s “Law & Order.”
    • Nick v. MPG Capital Corp.,56 N.Y.2d 515 (1982). Irwin represented Norman Nick, a securities salesman employed by MPG Capital Corp.  Nick sought to arbitrate his compensation dispute under the NASD Code.  In this precedent setting case, the New York Court of Appeals (its highest court) reversed the Appellate Division and ruled that because MPG was a member of the NASD and the NASD required its members to arbitrate disputes, arbitration was mandatory even though it was not a term of Nick’s employment.
    • Three Keys, Ltd. v. Kennedy Funding, Inc., 36 So.3d 656 (Fla. 5th DCA 2010). Three Keys, Ltd., was owned by Richard Basciano, infamous for his title of the “Porn King of Times Square.”  Three Keys and Kennedy Funding jointly loaned more than $16 Million to a developer in Ft. Myers who defaulted.  Senior lender Kennedy Funding went about the task of liquidating real property assets.  Under the terms of an inter-creditor agreement, Kennedy Funding was entitled to recover all its expenses, loan principal, and interest before any payment was due to Three Keys.  Despite a complete lack of evidence that Kennedy Funding had breached any duty to Three Keys, a jury awarded the company $5,345,000.00.  The trial court set aside the verdict.  Florida’s Fifth District Court of Appeals affirmed in a lengthy decision.  The decision turned on the scope of duty under the “good faith and fair dealing” doctrine when the contract grants one party total discretion in determining how to deal with the liquidation of assets.
    • Trade Secret Litigation:
    • Pollio Dairy Products, Inc. v. Sorrento Cheese Company. This case began with accusations of theft of trade secrets pertaining to the mass production of ricotta cheese, but spun into accusations of perjured testimony and judicial corruption.  Pollio won a bench trial, dealing a massive blow to Sorrento.  However, post-verdict, three critical witnesses for the Plaintiff disavowed their trial testimony claiming they had been coerced.  Post-trial investigation also revealed that the Trial Judge’s Law Clerk conducted business with the Plaintiff.
    • Argus Photonics Group, Inc.  v. Dickenson and Panametrics, Inc., 841 So.2d 598 (Fla. 4th DCA 2003). In this case Irwin succeeded in having the Florida’s Fourth District Court of Appeal reverse the Florida Supreme Court.  The Florida Supreme Court had ruled that factual disputes could not be tried in declaratory judgment cases.  The Fourth District Court of Appeal held that, in appropriate circumstances, courts could resolve factual disputes necessary to reaching declaratory judgment.  Argus sued Dickenson and Panametrics for $100 Million, alleging theft of trade secrets pertaining to a unique surgical laser system. Two engineers employed by Argus jumped ship despite non-compete agreements and went to work for Panametrics, a subsidiary of General Electric.  In a separate suit, which reached trial first, Panametrics and its engineers sued for declaratory judgment claiming that Argus failed to protect trade secrets and thus lacked a legitimate business interest necessary to enforce its non-compete agreements.  Careful pre-trial investigation revealed that Argus had repeatedly disclosed its trade secrets to potential buyers and investors without obtaining confidentiality agreements.  Panametrics strategy of a pre-emptive strike resulted in a win in both cases.
      Antitrust:
    • Gemini Chemical v. Edmer Sanitary Supply Company, Inc. U.S. District Court, Eastern District of New York. Two salesman for Edmer, a sanitary supply company, resigned and formed a competing company.  With knowledge of Edmer’s customers and prices, they quickly undercut Edmer and began to take away its customers.  Edmer retaliated by offering those customers even greater discounts.    In this case brought under The Robinson-Patman Act, Gemini sued for damages and injunction based upon the Robinson-Patman’s prohibition against undercutting new entrants in the marketplace.  We represented Edmer and won a trial dismissal.  Prior to trial, we had made a Motion for Summary Judgment that was denied based upon the plaintiff’s expert witness affidavit.  At trial, we had the opportunity to cross-examine that expert.  After some two hours of cross-exam, the court interrupted and took over the questioning, reversed itself, and granted our Motion for Summary Judgment.
    • Body Worx, LLC v. Basic Research,S. District Court, Western District of Texas. An anti-trust and price fixing conspiracy case.  Our Motion to Dismiss was granted even though our client sent emails which seemed to admit their efforts to ‘fix’ the price of its product on the internet.  How do you defend a client that has left a paper trail showing it plainly attempted to set the price of a retail product by threatening and cajoling a distributor?  By arguing that the attempts failed, no price discipline was ever accomplished, and that there is no such thing as attempted anti-trust.
    Awards/Recognitions
    • Recognized as a Best Lawyer in Commercial Litigation for The Best Lawyers in America©, 2021
    • Listed as one of the “FACES of Fort Lauderdale” in Complex Commercial Litigation by Fort Lauderdale Illustrated Magazine, 2020
    • Frivolous Lawsuit Demise Greatly Exaggerated in Palm Beach County, Palm Beach Post, August 20, 2017
    • Appeals Court Reverses Self in Real Estate Case That Spawned 8 Amicus Briefs, Daily Business Review, February 7, 2017
    • Newsmakers: People in Palm Beach County Business, Civic Life, Palm Beach Post, August 7, 2016
    • Appointed Chairman of The Florida Bar’s Business Litigation Committee, Legal Learning Series, July 5, 2016
    • Appointed Chairman of The Florida Bar’s Business Litigation Committee, Attorney at Law Magazine, July 5, 2016
    • Appointed Chairman of The Florida Bar’s Business Litigation Committee, CityBizList South Florida, July 5, 2016
    • Trial Pros: Irwin Gilbert, Law360, June 24, 2016
    • Special Report: New Partners, Daily Business Review, March 31, 2016
    • Statewide Business: Firm Shifts Into High-Growth Mode, South Florida Legal Guide, January 2016
    Publications/Teaching & Speaking Engagements
    • Contributor, LexisNexis Practice Guide: Florida Business Torts, Danvars, Mass.: Matthew Bender & Company, Inc., 2013
    • Defending Mass Shooting Cases-The New Normal: Liability for Mass Incidents in the Present and Near Future, June 2018
    • Surviving Litigation without Breaking the Bank, May 2018
    • Active Shooting & Liability Coverage, January 2018
    • Legal Strategies for the Construction Industry, July 2016
  • STEVEN H. OSBER
    AREAS OF PRACTICE
    BIO
    STEVEN H. OSBER
    Senior Partner
    STEVEN H. OSBER
    EDUCATION
    • Nova Southeastern University, Shepard Broad Law School, JD, 1996
    • State University of New York at Albany, BS, 1989
    BAR ADMISSIONS
    • Florida Bar
    • United States District Court, Southern District of Florida
    • United States District Court, Middle District of Florida
    BIOGRAPHY:
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    Steven Osber is a senior partner at Conrad & Scherer’s Fort Lauderdale office with a practice concentrating primarily on commercial and business litigation. Mr. Osber’s case representation ranges from routine litigation matters and third party insurance litigation to highly complex litigation including partnership/shareholder disputes, commercial eviction matters, real estate litigation and construction litigation.

    In addition to his extensive experience in commercial litigation and construction related litigation, Mr. Osber has handled a number of significant cases representing businesses in a variety of cases involved sophisticated legal issues through trial and obtained successful results for his clients. Mr. Osber is also valued as a contributing litigator in the firm’s labor and employment cases. He also serves as outside general counsel advising various businesses on day to day legal matters.

    Mr. Osber’s expansive litigation experience includes more than 100 state and federal jury and non-jury trials, as well as extensive binding arbitration experience. He is also proficient in appellate cases, having prepared appellate briefs on a variety of matters, argued before various appellate tribunals, and has obtained favorable opinions in the appellate courts throughout the State of Florida. He is rated AV Preeminent by Martindale-Hubbell, which indicates a demonstration of the highest professional and ethical standards and is the highest rating a lawyer can receive. He has also been recognized as a top lawyer in the South Florida Legal Guide in 2011, and from 2014 to present day.

    Awards/Recognitions
    • AV® Preeminent™ Peer Rated by Martindale-Hubbell®
    • South Florida Legal Guide – Recognized as a “Top Lawyer,” 2011, 2014 – 2020
    • Listed as one of the “FACES of Fort Lauderdale” in Complex Commercial Litigation by Fort Lauderdale Illustrated Magazine, 2020
  • JANINE KALAGHER MCGUIRE
    AREAS OF PRACTICE
    BIO
    JANINE KALAGHER MCGUIRE
    Senior Associate
    JANINE KALAGHER MCGUIRE
    EDUCATION
    • Catholic University of America, Columbus School of Law, Juris Doctor, 1995
    • Providence College, Bachelor of Arts, 1992, cum laude
    BAR ADMISSIONS
    • Florida Bar, 1996
    • New York Bar, 1996
    • Eleventh Circuit Court of Appeals, 2001
    • Supreme Court of United States, 2004
    BIOGRAPHY:
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    Janine Kalagher McGuire is a senior associate in the firm’s Fort Lauderdale office. Mrs. McGuire provides key appellate and litigation support for the firm’s diverse clientele throughout all stages of litigation.

    Having extensive insight as to appellate issues and process, Mrs. McGuire works closely with the firm’s litigation teams during the trial court stages to ensure that appellate rights are preserved with a proper and compelling record should an appeal be necessary.

    Mrs. McGuire has practiced within many areas of law in addition to appellate practice, including health care, medical malpractice, professional liability, governmental and administrative law and complex commercial litigation. In particular, Mrs. McGuire’s experience in health care law includes managed care, risk management, medical staff/peer review, employment, and medical malpractice litigation.

    Community Involvement/Affiliations
    • Saint Mark’s Episcopal Church and School, Board of Trustees, 2013
    • Broward County Bar Association, Member, 1996 to present
    • Omicron Delta Epsilon, Member, 1992 to present
    Significant Matters/Cases
    • Rohart v. Phoenix Emergency Med. of Broward, L.L.C., 41 So. 3d 410 (Fla. 4th DCA 2010)(PCA); Rohart v. N. Broward Hosp. Dist., 45 So. 3d 461 (Fla. 2010)(Petition for review dismissed); Rohart v. N. Broward Hosp. Dist., 131 S. Ct. 1570, 179 L. Ed. 2d 473 (2011)(Petition for writ of certiorari denied). Successfully defended a large governmental entity in several appeals filed by a former employee claiming tortious interference with a business relationship, denial of due process, and denial of equal protection.
    • Padilla v. N. Broward Hosp. Dist., 270 F. App’x 966 (11th Cir. 2008). Successfully defended a large governmental entity in an appeal filed in the United States Court of Appeals, Eleventh Circuit, by a former employee claiming discrimination in violation of Title VII and the Florida Civil Rights Act.
    • Marmorstein v. Wallach, 993 So. 2d 535 (Fla. Dist. Ct. App. 2008)(PCA). Successfully defended the appeal of an order dismissing a complaint with prejudice which sought to obtain a $1.7 million commission on a purported viatical settlement contract that failed to disclose the amount and method of calculating the commission as required by Florida law.
    • City of Lauderhill v. Rhames, 864 So. 2d 432 (Fla. 4th DCA 2003). Appealed a judgment against a municipal corporation in a § 1983 action brought by several employees alleging violations of their substantive due process rights as the result of a department wide reorganization that eliminated their supervisory positions.
    Awards/Recognitions
    • Listed in South Florida Legal Guide, “Top Lawyers”, 2013 and 2014
    • Listed in South Florida Legal Guide, “Top Up and Comers”, 2010 to 2012
  • KYLE S. ROBERTS
    AREAS OF PRACTICE
    BIO
    KYLE S. ROBERTS
    Associate
    KYLE S. ROBERTS
    EDUCATION
    • Nova Southeastern University, Shepard Broad College of Law, J.D., cum laude, 2015
    • Florida Atlantic University, B.A., 2012
    BAR ADMISSIONS
    • Florida Bar, 2015
    • United States District Court, Southern District of Florida
    • United States District Court, Middle District of Florida
    BIOGRAPHY:
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    Kyle Roberts is an Associate, at the firm’s Fort Lauderdale office, where he focuses on a variety of matters including Commercial Litigation, Personal Injury, Wrongful Death, Appellate Practice, Third Party Insurance Defense, General Liability and Coverage.

    Prior to joining the firm, Kyle was an Associate Attorney at a multi-state law firm, where he assisted clients in litigation relating to Third Party Insurance Defense and General Liability.  He also gained valuable experience in trial litigation at a boutique insurance defense law firm.

    Kyle earned his Bachelor of Arts degree in Political Science from Florida Atlantic University.  He went on to earn his Juris Doctor degree, cum laude, from Nova Southeastern University, Shepard Broad College of Law.  While in law school, Kyle earned a spot on the Dean’s List in five semesters and served as the Editor-in-Chief of the Nova Law Review.  He also received a Merit Scholarship and the Pro Bono Honor Award.

    Kyle served as a Law Clerk for the United States Attorney’s Office in the Southern District of Florida. After law school, he served as a Graduate Fellow at the Fourth District Court of Appeal, where he worked on civil and criminal appellate matters.

    Community Involvement/Affiliations
    • Board of Directors, Federal Bar Association, Broward Chapter
    • Board of Directors, Broward County Bar Association, Young Lawyers Section
    • The Federalist Society, Member
    • Editorial Board, The Florida Bar Journal/News
    • Broward County Bar Association
    Awards/Recognitions
    • Recognized as a Best Lawyer: Ones To Watch in Insurance Law for The Best Lawyers in America©, 2021
    • Appointed to The Florida Bar Journal and News Editorial Board, 2020
    • Elected to Broward County Bar Association Board of Directors, Young Lawyers Section, 2020
    • Elected to Broward County Bar Association Board, Sun-Sentinel, 2019
    • Elected to Broward County Bar Association Boards, Legal Learning Series,  2019
    • Elected to Broward County Bar Association Boards, Attorney at Law Magazine, 2019
    • Elected to Broward County Bar Association Boards, CityBizList, 2019
    • Appointed to The Florida Bar Journal and News Editorial Board, Attorney at Law magazine, 2018
    • Appointed to The Florida Bar Journal and News Editorial Board, Sun-Sentinel, 2018
    • Appointed to The Florida Bar Journal and News Editorial Board, CityBizList South Florida, 2108
  • WILLIAM R. SCHERER, III
    AREAS OF PRACTICE
    BIO
    WILLIAM R. SCHERER, III
    Of Counsel
    WILLIAM R. SCHERER, III
    EDUCATION
    • University of Miami School of Law, Juris Doctor, 1994
    • University of Miami, Bachelor of Arts, 1991
    BAR ADMISSIONS
    • Florida Bar, 1995
    • United States District Court for the Northern District of Florida, 2011
    • United States District Court for the Middle District of Florida, 2008
    • United States District Court for the Southern District of Florida, 1996
    • District of Columbia, 2010

     

    BIOGRAPHY:
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    William R. Scherer, III serves as Of Counsel in the firm’s Fort Lauderdale office.  Mr. Scherer focuses his practice on commercial and employment litigation, and personal injury.  After more than 20 years of practice, he has gained experience in all phases of civil litigation, including jury trials, and has been AV Preeminent Peer Rated by Martingale-Hubbell since 2005.

    In the area of commercial litigation, Mr. Scherer has handled complex commercial  cases including secondary banking liability claims against financial institutions for aiding and abetting fraud, mold litigation between commercial landlords and tenants, director and officer liability claims, trademark and copyright infringement, music royalty disputes and various other business tort and contract claims.

    Mr. Scherer has also represented many employers and employees in disputes arising under federal and state labor and employment statutes, including Title VII, Family and Medical Leave Act, Fair Labor Standards Act and the Florida Civil Rights Act.  He has initiated and defended charges of discrimination before the Equal employment Opportunity Commission and often interprets, drafts and negotiates employment and severance agreements on behalf of employees joining or leaving company employment.

    In addition to commercial and employment litigation, Mr. Scherer has litigated personal injury and wrongful death claims arising from automobile and motorcycle accidents as well as other circumstances where individuals have been injured.

    Outside of the practice of law, Mr. Scherer is the father of two children, an accomplished musician and a martial arts student, currently holding a second-degree black-belt in Karate.

    Significant Matters/Cases
    • Russell v. N. Broward Hospital, 346 F.3d 1335 (11th Cir. 2003)
    • The Broward Times, Inc. v. North Broward Hospital District, Case No. 04-61563 (S.D. Fla.)
    • Stevens Weiss v. Atlantic Recording Corporation, Case No. 04-60910 (S.D. Fla.)
    Awards/Recognitions
    • AV® Preeminent™ Peer Rated by Martindale-Hubbell®, since 2005
    • Included in the Best Lawyers in South Florida©, 2015
    • Broward County 17th Judicial Circuit, Former Traffic Magistrate, 2002

     

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