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Class Action

Firm attorneys have been involved in state and federal class action certification litigation including numerous claim certification cases in various types of lawsuits.

Representative Cases

  • Sewell v. D'Alessandro & Woodyard, Inc., Case No. 2:07–CV–343–FtM–29SPC (M.D. Fla.) (Steele, J.)
    The firm represented several thousand investors in securities fraud and Interstate Land Sales Act (ILSA) class action against publicly-traded home builder and affiliates alleging fraud in connection with the sale of new homes as pre-leased investment properties. The Class was certified and the Firm was approved by the court as class counsel. The certified class included between 2,000 – 4,000 individuals. The case settled in December 2011 following four years of contentious litigation and considerable motion practice and discovery, and the settlement was approved by the federal court following a fairness hearing, resulting in a substantial payment to the class.
  • First National Bank of Pennsylvania v. Greg Eagle et al., Case No. 09-CA-67252
    This case is currently pending in Lee County Circuit Court where we are seeking class certification on behalf of more than 50 investors in a trust who were defrauded by a local real estate broker. The motion for class certification is currently pending. We are seeking to represent the class of investors against the broker, Greg Eagle, and the lender (First National Bank of PA) that obtained a first mortgage on the trust property.
  • Perez et al v. Metabolife International, Inc., 0222850 CIV- Huck/Turnoff
    The firm served as co-lead counsel representing an Ephedra manufacturer sued in District Court for the Southern District of Florida.  Plaintiffs attempted to certify a Florida and nationwide medical monitoring class for persons who had consumed ephedra based products.  After submission of briefs, an evidentiary hearing and oral argument, the Court denied class certification.
  • Binder v. Rainbow Medical, Inc., 831 So. 2d 254 (Fla. 3rd DCA 2002)
    This class action case related to misrepresentation 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 class-action insurance litigation.
Name Title Phone V-Card Email Office
Evan B. Berger Senior Attorney 954.364.6055 Ft. Lauderdale
Kevin Markow Shareholder 954.985.4174 Ft. Lauderdale
Gary C. Rosen Managing Shareholder 954.985.4133 Ft. Lauderdale
Gary M. Schaaf Office Managing Shareholder, Tampa Bay 813.527.3900 Tampa Bay
Daniel L. Wallach Shareholder 954.965.5049 Ft. Lauderdale