Significant Litigation

National Rifle Association v. State of Florida, 4:18-CV-137-MW-CAS (N. D. Fla. 2018), National Rifle Association and John and Jane Doe v. State of Florida, 18-12018 (11th Cir. 2018). Pending action challenging Constitutionality of Florida’s age ban on the purchase of firearms by adults ages 18-21.

Cassedy v. Alland Investments, 192 So.3d 651, 652 (Fla. 1st DCA 2016); Cassedy v. Alland Investments, 128 So.3d 976 (Fla. 1st DCA 2014); Cassedy v. Alland, 982 So.2d 719 (Fla.1st DCA 2008).  Three successful appeals in final accounting action.

American Equity Investment Life Insurance Co. v. S.E.C., 813 F. 3d 166 (D.C. Cir. 2009). Successful appeal resulting in vacatur of SEC Rule 151A, which determined that fixed indexed annuities (FIA’s) were not annuity contracts. Eugene Scalia represented the Insurers and argued the Rule’s new FIA definition was unreasonable. Sukhia represented the annuity distributors and made the winning argument that the Rule should be struck because the SEC’s consideration of its effect on efficiency, competition and capital formation was arbitrary and capricious.

Russell v. Agency for Health Care Administration, 23 So.3d 1266 (Fla. 2d DCA 2010). Represented the State of Florida in successful appeal regarding the continued viability of Florida’s Third Party Medicaid Recovery Act after the Supreme Court’s decision striking state provision in Arkansas Dept. of Health & Human Services v. Ahlborn, 547 U.S. 268 (2006). The applicability of Florida’s statutory reimbursement formula has been the subject of numerous appeals throughout the state and challenges in federal courts following the Ahlborn decision. 

Scharba v. Braden, 2010 WL 1380121 (M.D. Fla. March 31, 2010). Successful U.S. District Court action on the Ahlborn issue

Florida Association of Professional Lobbyists, et.al v. The Florida Division of Legislative Services, et.al, 2006 WL 3826985 (N.D. Fla. December 28, 2006); Florida Association of Professional Lobbyists v. Florida Division of Legislative Services et.al, 431 F. Supp. 2d 1228 (N.D. Fla. May 12, 2006). Lead counsel for the Senate in successfully defending constitutionality of the 2006 Lobbyist Disclosure Act in federal district court.

Sheik Ahmed Ba Nafa v. Nasir Ashemimry, et.al, 847 So.2d 603 (Fla. 5th DCA 2003); Ashemimry v Ba Nafa, 778 So.2d 495 (Fla. 5th DCA 2001); Ba Nafa v. Ashemimry, et.al, Case. No. C.A. 5045 (April 2006, Fla. 9th Jud. Cir.). Co-counsel for plaintiff in two-week trial in conversion, fraud and securities case. $22 million judgment for client.

Ralph Nader and Reform Party of Florida v. Florida Democratic Party, et al., 885 So.2d 303 (Fla. 2004). Trial counsel for Ralph Nader defending action by Democratic Party seeking to remove him from the presidential ballot in the November 2004 general election. Handled successful emergency appeal before the Florida Supreme Court in argument against Harvard Law Professor Laurence Tribe. As a result of the case, Mr. Nader was reinstated on the Florida presidential election ballot.

Robert Harris, et al v. George W. Bush, et al., 122 F. Supp. 2d 1317 (N.D. Fla. 2000), affirmed, 235 F.3d 578 (11th Cir. 2000), cert. denied, 121 S.Ct. 749 (2001). Sole trial counsel for George W. Bush and Richard Cheney in U. S. District Court defending consolidated federal actions seeking to invalidate all overseas ballots received after the November 7, 2000 general election. Sole counsel for Appellees Bush and Cheney before the U.S. Eleventh Circuit Court of Appeals in expedited appeal from trial court Order. Judgment affirmed by the Eleventh Circuit.

George W. Bush and Richard Cheney v. Election Canvassing Boards of Florida, 123 F. Supp. 2d 1305 (N.D. Fla. 2000). Trial counsel for George W. Bush and Richard Cheney in declaratory judgment action in federal court seeking to require canvassing boards in Florida to count previously rejected overseas military ballots. Judgment for George Bush and Richard Cheney. The case was cited by the Gore attorneys as critical to his decision to concede the election.

North Florida Women’s Health and Counseling Services, Inc., et al. v. State of Florida, et al., 2001 WL 111037 (Fla. 1st DCA Feb. 9, 2001). Successfully defended State of Florida Parental Notice of Abortion Act against Constitutional challenge brought by Planned Parenthood and abortion providers. (3-day evidentiary hearing; 5-day trial).

Jeb Bush v. Ruth Holmes, 767 So.2d 668 (Fla. 1st DCA 2000). Action challenging constitutionality of Florida Opportunity Scholarship Act (School Voucher Plan).

Colvin v. McDougall, 62 F.3d 1316 (11th Cir. 1995). Appeal counsel for Sheriff seeking to reverse trial court grant of $100,000 in punitive damages against Sheriff in his individual capacity. Eleventh Circuit ruled in our favor, reversing the district court and striking the punitive damages award.

United States v. Durden, et al., 43 F.3d 677 (11th Cir. 1994). As United States Attorney, tried one of the first federal carjacking prosecutions in the nation. Defendants shot 72-year-old man and abducted college student. One week jury trial, three defendants convicted on all counts.

In re Subpoena to Testify Before Grand Jury, 864 F.2d 1559 (11th Cir. 1989). Appeal by Tampa Tribune, Florida Times Union, New York Times, and Gainesville Sun from order restraining witnesses and attorneys from public comment in on-going grand jury investigation. Case presented issues of first impression to the Eleventh Circuit. Affirmed on all issues.

United States v. Bascaro, et al., 742 F.2d 1335 (11th Cir. 1984); United States v. Acosta, et al., 11th Cir. Appeal No. 83-3045. “Sunburn I and II” CCE and RICO drug conspiracy, 25  defendants, two month-long trials. Described at the time by the Justice Department as the largest drug trafficking prosecution in the history of the country.

United States v. Hosford, 782 F.2d 936 (11th Cir. 1986). RICO murder conspiracy, four week trial of CPA who hired hit man to murder company president for “key man” insurance proceeds.

United States v. Horne, 11th Cir. Appeal No. 85-3927. Six-week money laundering trial against former AUSA and Strike Force attorney at U.S. Department Justice. Affirmed on appeal.

Lewis v. Federal Prison Industries, 786 F.2d 1537 (11th Cir.), affirmed in part, reversed in part and remanded, 953 F.2d 1277 (11th Cir. 1992). Action under Federal Age Discrimination in Employment Act, 29 U.S.C. §633a. Seven-day trial, four briefs, two oral arguments presenting issues of first impression before Eleventh Circuit.

United States v. Florida Department of Labor and Employment Security (FDLES), 893 F.2d 1319 (11th Cir. 1990). Consolidation of several cases resulting in $1.2 million judgment against FDLES for disallowances in CETA grant funds under 29 U.S.C. §816(d). Summary judgment in district court. Affirmed on appeal. 

United States v. Florida Department of Corrections, TCA 86-7330 (N.D. Fla. 1991). Title VII action for pattern and practice of discrimination in hiring and promotion of Florida DOC correctional officers. The $3.7 million consent judgment described as one of the largest back pay structured settlement funds established by the Department of Justice in an action under 42 USC §2000e.

United States v. Hobson, 825 F.2d 364 (11th Cir), vacated and remanded, 109 S.Ct. 3233, affirmed on remand, 893 F.2d 1267 (11th Cir. 1990). Appeal from determination that defendant engaged in pattern of racketeering activity under 18 U.S.C. §1961(5) of federal RICO statute.

United States v. Dawson, et al, 797 F. 2d 934 (11th Circuit 1986). International child pornography distributors, two defendants, two week trial, convicted on all counts, two appeals.

Stromsness v. United States, Case No. 85-4446 (N.D. Fla. 1987). Defended U.S. in action seeking $5 million for negligent management of delivery causing perinatal asphyxia, meconium aspiration and brain damage to infant. Four-day trial on liability. Settled for $100,000.

Williams v. United States, GCV 85-0198 (N.D. Fla. 1987). Defended United States in wrongful death action, three-day trial. Plaintiffs alleged negligent medical treatment by physicians at V.A. Medical Center resulting in patient’s death. Judgment for U. S. - zero recovery.

Conant v. United States, 786 F.2d 1008 (11th Cir. 1986). Defended action seeking to enjoin enforcement of Clean Water Act, 33 U.S.C. §1344, disputing “wetlands” designation and claiming agricultural exemption under §1344(f)(1)(A). Judgment for United States after trial.

United States v. Stroup, TCR 84-7006. RICO murder conspiracy, three-week trial.