Jury Verdicts

Palma, et al., v. Safe Hurricane Shutters, Inc., et al., Case No. 07-22913-CIV-SIMONTON (S.D. Fla.)

In this case, on November 4, 2011, after a 7-day jury trial in federal court, the firm received a jury verdict in its defense clients' favor as to all four (4) plaintiffs' Fair Labor Standards Act claims (for alleged $200,000 in overtime that was not paid and thousands of dollars of alleged unpaid minimum wages). The jury found that there were no overtime or minimum wage violations and that the corporate Defendant was not an enterprise engaged in interstate commerce as defined by 29 U.S.C. § 203(s)(1) of the FLSA, and therefore the Defendants would have prevailed even if they failed to pay overtime or minimum wages. Previously, three Plaintiffs were involuntarily dismissed from the lawsuit under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The Defendants prevailed and received a final judgment in their favor against the Plaintiffs.

Obando v. M & E Investment Properties, Inc., Case No. 11-20318-CIV-MOORE (S.D. Fla.)

In this case, on November 2, 2011, the firm received a verdict in its defense client' favor after a 3-day jury trial in federal court in a case alleging failure to pay overtime under the Fair Labor Standards Act. The two main issues that were tried were (1) whether the Plaintiff could prove that she was individually engaged in interstate commerce while she worked for the Defendant (i.e., that she regularly and recurrently participated in the actual movement of persons or things across state lines); and (2) whether Plaintiff worked overtime in any workweek. The court ruled at the summary judgment stage that the corporate Defendant was as a matter of law not an enterprise engaged in interstate commerce for purposes of 29 U.S.C. § 203(s)(1) of the FLSA. The jury found in favor of the Defendant as to both issues that were tried, and consequently a final judgment was issued in favor of the Defendant and against the Plaintiff.

Barrera, et al., v. Weiss & Woolrich Southern Enterprises, Inc., Case No. 09-21841-CIV-GRAHAM (S.D. Fla.)

In this case, on May 10, 2011, after a 10-day jury trial in federal court, the firm received a jury verdict in its defense clients' favor as to fourteen (14) plaintiffs' Fair Labor Standards Act claims (for alleged overtime that was not paid and missing hours). The jury found that there were no overtime or minimum wage violations and that the firm' clients did not employ the Plaintiffs pre-August 27, 2007.

Rakip v. Paradise Awnings Corp., Case No. 10-20004-CIV-COOKE (S.D. Fla.)

In this case, on December 3, 2010, after a 10-day jury trial in federal court, the firm received a jury verdict in its defense clients' favor in an FLSA case and also successfully prosecuted a counterclaim against one of the plaintiffs for $1,360.00 for breach of contract. The court granted summary judgment as to Plaintiff Rakip' wage and hour claims during an evidentiary hearing that occurred the first day of trial, and as to Plaintiff Jeronimo, the jury found that he was a manager and therefore exempt, meaning that he was not entitled to any overtime, and it also found that Jeronimo was not owed any overtime.

Lira v. Matthew' Marine Air Conditioner, Inc., Case No. 09-61178-CIV-ZLOCH (S.D. Fla.)

In this case, on October 27, 2010, after a 3-day jury trial in federal court, the firm received a jury verdict in its defense clients' favor in a FLSA (alleged overtime violations) case. The jury found that the FLSA did not apply to the small local business, which is a repairer and installer of air conditioning systems on yachts.

Martinez-Pinillos v. Air Flow Filters, Inc., Case No. 09-22453-CIV-MARTINEZ (S.D. Fla.)

In this case, on September 9, 2010, the firm received a jury verdict in its defense clients' favor following a 4-day federal court jury trial. It was a case brought under the Fair Labor Standards Act allegedly for failure to pay overtime and for breach of contract. The jury found that the Plaintiff never even worked for the Defendants, and that there was no contract entered into.

Harvard v. Carey International, Inc., Case No. 022307BH

On May 28, 2010, Mr. Kleppin received an arbitral opinion in his clients' favor after a month-long arbitration in a Fair Labor Standards Act case involving alleged failure to pay overtime concerning eight (8) plaintiffs.

Beltran-Moya v. Hi-Tech Autobody, Inc., Case No. 09-21461-CIV-KING (S.D. Fla.)

In this case, on May 14, 2010, the firm received a verdict in its clients' favor after a 3-day jury trial in federal court in a FLSA case alleging failure to pay overtime. The jury found no overtime was owed.

Olson v. Star Lift, Inc., 709 F. Supp. 2d 1351 (S.D. Fla. 2010)

In this case, on April 30, 2010, the firm received a defense verdict in its favor in a case alleging failure to pay overtime brought pursuant to the Fair Labor Standards Act. It was a bench trial tried to the Honorable Jose E. Martinez, and the court found that the local forklift repair business was not subject to the FLSA and that the plaintiff did not prove that he worked overtime for which he was not properly paid.

Exime v. E.W. Ventures, Inc., Case No. 08-60099-CIV-SEITZ (S.D. Fla.)

In this case, on February 20, 2009, the firm received a verdict in its clients' favor after a 3-day jury trial in federal court in a case alleging failure to pay overtime under the Fair Labor Standards Act. The jury found that the FLSA did not apply to the local dry cleaning business and that the plaintiff did not work any overtime for which she was not properly paid.

Chiever v. R.J. Schor, Inc., Case No. 08-60461-CIV-ZLOCH (S.D. Fla.)

In this case, on July 2, 2008, Mr. Kleppin received a jury defense verdict in his client' favor in a Fair Labor Standards Act case. The jury deliberated for less than five minutes, and found that the FLSA did not apply to the local sign installation business.

Maranto v. Jenne, Case No. 00-15951 (09) (Broward Circuit Court) (Andrews, J.)

On April 24, 2006, in this Equal Pay Act case, the firm received a jury verdict in its client' (the Broward Sheriff' Office) favor. The jury found that there was no Equal Pay Act violation.

Andrews v. Hollywood Imports Ltd., Inc., d/b/a Hollywood Honda, Case No. 97-07525-CIV-ZLOCH (S.D. Fla.)

In this civil rights/employment discrimination case, four (4) plaintiffs brought suit under 42 U.S.C. § 1981 alleging that they were discriminated against in various ways on account of their race and ethnic characteristics. The case went to trial which lasted five (5) days. On February 3, 1999, the firm received a jury verdict in the defense client' favor (the sales manager) on all counts of the complaint. The plaintiffs sought millions of dollars and had television news cameramen outside the courthouse when the verdict was read.

Martinez v. Antillas Air Freight, Inc., Case No. 99-03331-CIV-HIGHSMITH (S.D. Fla.)

In this wage and hour case brought under the Fair Labor Standards Act, on March 2, 1999, the firm received a verdict in its defense client' favor after a bench trial before The Honorable Shelby Highsmith, as the court found that the plaintiff was not entitled to overtime and was not able to prove that she worked overtime hours without being properly paid. The trial lasted three (3) days.