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Personal Injury & Wrongful Death Attorneys
for Ft. Lauderdale, Miami & Florida Keys

State & Federal Courts – Trial & Appellate

Ligon v. NCL (Bahamas) Ltd. Florida’s Third District Court of Appeal:

Won an appeal taken by a defendant challenging the trial court’s order allowing our client to amend her complaint to assert a claim for punitive damages for the defendant’s willful, arbitrary and capricious conduct leading up to and throughout the course of the litigation. Read the decision entered by Chief Judge Suarez, Wells and Logue on November 18, 2015.

Repass v. Rosewood Hotels & Resorts LLC. Northern District of Texas (Dallas):

Obtained a sanctions order in our client’s behalf against a high-end vacation resort in the Caribbean who destroyed and modified critical evidence when it reconfigured a golf cart that was involved in an accident resulting in significant eye, arm and hip injures to our client. Read the decision entered by United States Magistrate Judge Renee Toliver on September 17, 2015.

Craddock v. M/Y The Golden Rule U.S. Dist. Ct. Southern Dist. of Fla. (Miami):

Obtained an order of first impression in our client’s favor within the Southern District of Florida and the Eleventh Circuit holding that an injured snorkeler may arrest the yacht that ran him over for security before obtaining a judgment. Read the decision entered by United States District Judge Moore on May 20, 2015.

Nace v. Martinelli Florida’s Twelfth Judicial Circuit (Sarasota):

Obtained a summary judgment order in our client’s favor striking the defendant’s defense that our client’s conduct caused in whole or in part his knee injuries that resulted when the yacht he was a passenger aboard ran aground. Read the decision entered by Florida Circuit Judge Kimberly Bonner on July 29, 2014.

Long v. Celebrity Cruises, Inc. U.S. Dist. Ct. Southern Dist. of Fla. (Miami):

Defeated a defendant’s attempt to obtain summary judgment against our client alleging a trip and fall injury and resulting knee injury. The defendant attempted to avoid liability by arguing that it was unaware of the hazardous condition of a pried up stair noising before the accident. The court ruled that since the claim was based upon improper maintenance of the area, the passenger need not prove the cruise line had notice of the defective condition. Read the decision entered by United States Magistrate Judge Edwin Torres on August 1st, 2013.

Estate of John Van Hoy, Jr. v. Sandals Resorts Int’l Ltd., et. al. Southern Dist. of Fla. (Miami):

Brais Law Firm obtained an order denying Sandals Resorts’ motion to dismiss our client’s wrongful death suction entrapment claim to a foreign jurisdiction thereby requiring Sandals to defend the suit in Miami, Florida. Read the decision entered by United States District Judge Patricia Seitz on March 22, 2013.

Doe v. NCL (Bahamas) Ltd. U.S. Dist. Ct. Southern Dist. of Fla. (Miami):

Defeated a defendant’s attempt to obtain a summary judgment against our client in a negligent security rape case. The court held Florida’s dram shop statute inapplicable to the law suit thereby placing the duty on the defendant to not overserve its patrons alcohol. The Court also found the fact there were 23 other sexual assaults that occurred on the defendant’s properties within the fifteen months leading up to our client’s rape raised a question of whether the defendant owed a duty to warn patrons of the risk of being raped on one or more of the defendant’s properties. Read decision entered by United States District Judge M Cooke on November 14, 2012.

Manning v. Carnival Corp. U.S. Dist. Ct. Southern Dist. of Fla. (Miami):

Defeated a defendant’s attempt to dismiss our client’s negligence claim alleging a significant leg injury during an off-property excursion. Read the decision entered by United States District Judge Cecilia Altonaga on September 11, 2012.

Hines v. Carnival Corp., U.S. Dist. Ct. Southern Dist. of Fla. (Miami):
Defeated a defendant’s attempt to compel binding foreign arbitration upon our American crewmember client for personal injuries and obtained an order remanding the case back to state court for trial by jury. Read the decision entered by Judge Jose Martinez, United States District Judge on March 29, 2012.

Pavon v. Carnival Corp., S. Dist. Ct. Southern Dist. of Fla. (Miami):
Defeated a defendant’s attempt to compel our client’s statutory negligence claim to arbitration in Panama and obtained and an order requiring the suit to be tried to a jury in Miami, Florida. Read decision entered by Judge Joan A. Lenard, United States District Judge on September 16, 2011.

Delta November, LLC. v. Baker, U.S. Dist. Ct. Southern Dist. of Fla. (Miami):
Obtained an order allowing Brais Law Firm’s client to pursue a products liability claim for breach of implied warranty of workmanlike performance and breach of marine bailment against an engine repairer in a dispute where a recreational fishing boat sank at the dock while being repaired. Read decision entered by Judge, Jose E. Martinez United States Magistrate Judge on August 22, 2011.

Schulte v. NCL (Bahamas) Ltd., U.S. Dist. Ct. Southern Dist. of Fla. (Miami):
Obtained an order finding a defendant’s closed circuit television video of a patron’s accident is not protected under the work product privilege and must be produced to the plaintiff before her deposition. Read decision entered by Judge, Andrea M. Simonton United States Magistrate Judge on January 25, 2011.

Florian v. Carnival Corp., U.S. Dist. Ct. Southern Dist. of Fla. (Miami):

Obtained order sanctioning a defendant in the amount of $10,251.00 for improper removal of our client’s negligence case from the plaintiff’s chosen state court forum to federal court. Read decision entered by Judge James Lawrence King, United States District Judge on November 29, 2010.

Hallman v. Unique Vacations & Sandals Resorts, U.S. Dist. Ct. Southern Dist. of Fla. (Miami):
Defeated Sandal Resorts’ attempt to remove an injured diver’s case from his chosen state court forum to federal court and obtained an order remanding the case back to state court for trial by jury. Read decision entered by Judge Cecilia M. Altonaga, United States District Judge on October 19, 2010.

Florian v. Carnival Corp., U.S. Dist. Ct. Southern Dist. of Fla. (Miami):
Defeated a defendant’s attempt to compel binding arbitration upon our client for personal injuries and obtained an order remanding the case back to state court for trial by jury. Read decision entered by Judge James Lawrence King, United States District Judge on May 25, 2010.

Windward Associates v. M/Y Esterel, U.S. Dist. Ct., Middle Dist. of Fla. (Ft. Myers):
Won a $75,000 judgment in favor of a repairman who performed extensive renovations to a mega yacht, after which the yacht owner refused to pay. Read decision entered by John E. Steele, United States District Judge on November 30, 2009.


Contact the Firm for a Free Evaluation

The trial and appellate attorneys with the law firm of Brais Law Firm have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. Our firm’s main office is located in Miami, FL, although we routinely handle claims throughout the state of Florida and from satellite offices located in Houston, Texas and Boston, Massachusetts on an appointment basis.

To reach our lawyers you may call (305) 779-5693 from within Florida, call 1-888-238-5637 from anywhere in the U.S., or click Contact Us to complete a form for a free evaluation of your case and to learn how the “AV” Preeminent and Multi-Million Dollar Advocates with Brais Law Firm might be able to help you.

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Miami Office

(Main Office)
Dadeland Towers
9300 S. Dadeland Blvd. Suite #103
Miami, FL 33156
Toll Free: 888-238-5637
Phone: 305-779-5693
Fax: 305-416-2902

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Boston Office

(Satellite Office By Appointment Only)
8 Faneuil Hall Marketplace 3rd Floor
Boston, MA 02109
Toll Free: 888-238-5637
Phone: 617-455-4741
Fax: 305-416-2902

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Houston Office

(Satellite Office By Appointment Only)
1200 Smith St. 16th Floor
Houston, TX 77002
Toll Free: 888-238-5637
Phone: 832-303-7045
Fax: 305-416-2902

*Specific details regarding previous verdicts and settlement results are not indications of the results of future cases and settlements, nor should they be held to be guarantees, warranties, or predictions regarding the result of representation by our firm. Furthermore, any message regarding the result of a specific case is not a promise of similar results in future cases, but rather represents the outcome of the specific legal and factual basis from which it arises.

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