The certification of the American Medical class was upheld by the Fourth District Court of Appeal and the case is moving toward a December trial date.
The firm has filed several new consumer cases that it expects will receive class certification. Monitor this site for further information.
The notice to class members in the American Medical Security case has been sent out to class members. Any class members with questions can contact the firm via this website.
The firm has been retained to handle a class action consumer and insurance case against NAPT and KeyStone for allegedly undewriting insurance policies in Florida without a license.
Louis Silber was awarded the prestigious Pro Bono Award by the Legal Aid Society of the Palm Beaches for his many years of work with Legal Aid. The award caps over twenty years of handling the cases of those who are unable to hire a lawyer and for taking on matters that others found too difficult or abstract to undertake. The award will be presented by Supreme Court Justice Barbara Pariente at the June 3, 2001 Pro Bono Awards Banquet.
Partner Philip L. Valente, Jr. was a featured speaker at the AFTL’s Collateral Sources Seminar. This marks the 6 year he has been featured at this seminar.
Partner Philip L. Valente Jr. obtained a #238,000.00 verdict in the case of Ferrara v. Allstate. The case involved a herniated lumbar disc with no surgery and no loss of wages or earning capacity. The verdict is substantial in light of recent and not so recent verdicts in similar cases here in Palm Beach County. The verdict follows a #298,000 verdict against Allstate by Mr. Valente in 1997 under similar facts and a purley soft tissue verdict in excess of #119,000 in 1998. As a result of the verdict, Allstate will be required to pay a significant amount of the firm’s attorney’s fees for work performed in the case.
Silber and Valente welcome our newest associate, Allison Stahl. Allison has been an Assistant State attorney for the past three years. An able trial lawyer, Allison brings with her an impeccable background and extensive trial practice.
The firm announces that its lawsuit, Ambrose v. Catholic Social Services has been settled under terms acceptable to the Plaintiff. The suit was apparently one of the first of its kind in Florida, seeking damages for the alleged concealment of medical conditions of birth parents from adoptive parents. The suit alleged that Catholic Social Services knew and fraudulently concealed the fact that the birth parents suffered from mental disorders which were passed on to the adopted child.
The firm has settled the case against Sunjet Aviation and James Watkins, chief Pilot for Sunjet under terms that were satisfactory to the firm’s clients, Plaintiff Orion Aircraft. Just before the settlement, the firm procured a multi million dollar judgment against the co-pliot of the crashed Learjet. The settlement and judgment end the litigation concerning the crash in Avon Park of Orion’s Learjet 35A aircraft in July 1997.
The Firm is pleased to announce that it has been appointed as class counsel in the Lawsuit styled CHARNESS V. AMERICAN MEDICAL SECURITY, UNITED WISCONSIN LIFE INSURANCE et al. The court granted the Plaintiffs motion to certify the class and approved the Firm as co-counsel for the class.
The Firm is pleased to announced that it has been retained once again by Florida Power and Light in regard to an action asserted against the company as a class action. The Firm is co-counsel along with Boies Scheller and Flexner.
Louis Silber continued lecturing on various aspects of civil trial law and civil trial practice. He spoke at the Academy of Florida Trial Lawyers’ seminar on “Life Health and Disability insurance,” was a featured guest speaker at the American Civil Liberties Union’s annual convention on “How to take Effective Depositions,” and has been asked to speak at the AFTL’s Workhorse Seminar in February 2001 on “Mental Pain and Suffering Damages.”
The Firm is pleased to announce that its efforts as co-counsel to strike down the so-called partial birth abortion ban were successful. The State of Florida compensated the firm for its efforts in having the ban declared unconstitutional.
The Firm is pleased to announce that it has been awarded the prestigious AV rating by Martindale-Hubbell and has also been certified in the 2000 Bar Register of Preeminent Lawyers 84th edition. The certification recognizes the Firm’s partners, Louis Silber and Philip Valente, Jr., for their High Professonal Legal Standards and Ethics.
The firm was retained as Co-counsel with the Center for Reproductive Policy to challenge the Constitutionality of Florida’s “Partial Birth” Abortion Ban. The action, filed on behalf of doctors and clinics in south Florida, was filed in the U.S.District Court for the Southern Dictrict of Florida. A hearing was held seeking a temporary restraining order and preliminary injuncton. The firm is pleased to announce that U.S. Dictrict court Judge Joan Leonard issued the TRO and subsequently the State agreed to the entry of a Prelimnary Injuction pending ruling by the U.S. Supreme Court on a similar ban expected in July 2000.
The Firm’s partners’ Philip L. Valente, Jr. and Louis M. Silber were retained as co-counsel in a case styled CHARNESS V. AMERICAN MEDICAL SECURITY, UNITED WISCONSIN LIFE INSURANCE. The case seeks class action status and alleges that the defendants engaged in the illegal practice of setting health insurance premiums based upon claims history and also alleges that the Defendants illegally attempted to convert the existing policies to replacement policies that in most cases quadrupled the insured’s premiums. In documents received by the FIRM, insureds complained that monthly premiums went from $400 per month to over $1400 per month. The suit was filed in Broward Circuit Court and has been widely publicized in the media and reported in the Wall Street Journal.
February 19, 2000
Louis Silber’s verdict in Miller vs. Progressive Insurance Co was reported by the Review as one of 1999’s top ten largest verdicts.
Silber and Valente is pleased to announce the filing of Williams v. Physicians Billing Services in the Palm Beach County Courthouse. The Complaint alleges that Physicians Billing is sending out dunning notices and is either a collection agency or is trying to create the appearance of being a collection agency. The violations of law alleged in the Complaint include the widespread violation of the Federal Fair Debt Collection Practices Act and violation of Florida’s Unfair and Deceptive Acts and Practices Act. If successful, the Plaintiff will be entitled to actual damages or 1000.00 in statutory damages and the debt collector will be required to pay all litigation costs as well as attorney’s fees.
The firm announces that it has been retained to pursue a claim against Palms West Hospital for billing practices relating to the physical therapy department. The alleged billing practices include an attempt to require the patient to pay an insurance co-payment of twenty dollars “for each body part worked on” during a PT visit, rather than a single co-payment amount for each visit. Suit was recently filed in Palm Beach County.
The firm announces that the lawsuit filed in Broward County styled Orion Aricraft Sales v. Sunjet Aviation and Watkins et. al. is continuing forward. The suit seeks more than 3.5 million in damages arising out of the crash and total destruction of a Learjet 35A aircraft in July 1997 in Avon Park, Florida. The suit seeks the unreimbursed value of the aircraft as well as lost profits. At the time of the crash, the plane was piloted by Sunjet Aviation’s Chief Pilot, James Watkins, Sr. Sunjet is currently under investigation for their role in the crash that killed pro golfer Payne Stewart.
The firm’s case of Emerson v. Union Planters Bank et al has sought class certification with the firm as class counsel. The case involves the banking practice of charging a late fee for a payment on a retail installment loan when the payment is received by the bank on the tenth day after it is due but after 2:00 pm on that tenth day. The court has previously granted the firm’s motion asking that the court declare that the bank’s practices violate both the retail installment contract and the applicable Florida Statute.