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Wrongful Death Lawsuit Filed Against The Estate of James Winner, Inventor of The Club

The families of two men killed in an automobile accident caused by James Winner, the 81-year old inventor of the anti-theft device “The Club”, have filed a lawsuit in Broward County, Florida against Mr. Winner’s Estate and his company, Winner International, LLC.  The families are represented by Wites & Kapetan, P.A. of Lighthouse Point, Florida, and Grant Goodman of Cleveland, Ohio. The lawsuit alleges that on the afternoon of September 14, 2010, Bobby Jarrett and Raymond Fair were riding in Mr. Jarrett’s Chevy Blazer on Miola Road in Clarion County, Pennsylvania, when they were struck head-on by Mr. Winner’s SUV.  Mr. Winner was traveling in the opposite direction of Miola Road. According to independent eyewitnesses, he had been driving in an erratic fashion for several miles, and repeatedly drove his SUV across the center line of Miola Road and into the oncoming lane before slowly pulling the SUV back into his lane.  Mr. Winner’s driving was...

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Supermodel Joanna Krupa Resolves Lawsuit for Alleged Unauthorized Use of Her Image

JOANNA KRUPA is a renowned supermodel, actress and television host who has been voted “sexiest woman in the world” and “sexiest top model in the world” by magazines throughout the world.  Krupa has graced the cover of approximately 100 magazines, such as GQ, Maxim, and Esquire, competed on the hit show Dancing with the Stars, and appeared on top television shows like Las Vegas and CSI: Crime Scene Investigation.  She is the host of the upcoming syndicated television show Ultimate Women Challenge, and recently hosted Poland’s Next Top Model. When Krupa’s image was used in an advertisement without her permission, she hired Attorney Marc A. Wites of Wites & Kapetan, P.A. to file a complaint for monetary damages in federal court.  The lawsuit alleged that sometime in early 2010, the Newport Beachside Resort in South Beach created and distributed marketing materials that included her photograph for an event called the “WMC Hangover Party.”  Krupa claimed that her image was featured on flyers and...

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Wites & Kapetan Announces Release of 2010 Florida Litigation Guide

Marc Wites announced the release of the 2010 edition of the Florida Litigation Guide. The Guide, which is available www.flalitguide.com, lists the elements of popular common-law causes of action, and the most recent state and federal court cases that cite the elements of each action. On the page opposing the listing of each action’s elements and case citations, the Guide provides both defenses to each cause of action. The Guide, which will easily fit in your briefcase or desk drawer, is an invaluable tool for litigation and transactional attorneys. No longer need young lawyers feel frustrated when a senior partner requested to “quickly” find the most recent Florida Supreme Court case citing the elements required to obtain a temporary injunction for a partner’s emergency motion. Experienced lawyers will also benefit from the ease at which they will locate information used in daily practice. From drafting complaints and answers, to motion...

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100,000 Floridians Receive Notice of Class Certification

Marc A. Wites and Wites & Kapetan, P.A., are lead counsel in a certified class action lawsuit pending against Chicago Title Insurance Company in Miami-Dade Circuit Court. The Firm just sent notice to approximately 100,000 Floridians of the certification of the class action, which alleges that Chicago Title overcharged for title insurance premiums in mortgage refinance transactions.  Information abou the case is available at www.citicclassaction.com

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Florida Supreme Court Rules that Insurance Policy Provides Coverage for Advertising Injuries Caused by Violations of the Telephone Consumer Protection Act.

On January 28, 2010, the Florida Supreme Court ruled in Penzer v. Transportation Insurance Company “that an advertising injury provision in a commercial liability policy that provides coverage for an “oral or written publication of material that violates a person?s right of privacy” provides coverage for blast-faxing in violation of the TCPA.” Marc A. Wites argued this case in The Florida Supreme Court in August 2009.  This decision is part of a 7-year old litigation that began in 2003 when Southeast Wireless sent 24,000 unsolicited facsimile advertisements to Floridians in violation of The Telephone Consumer Protection Act.  Southeast’s insurer, Transportation Insurance Company, refused to defend Southeast, and the action was settled pursuant to what is known as a Coblentz Agreement, under which Penzer obtained a 12 million dollar judgment for the Class.  Since that time, Wites & Kapetan, along with their co-counsel, Robbins Geller Rudman & Dowd LLP have been litigating to...

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Final Approval in Class Action Settlement Providing 100% of Damages to Class Members

In 2010, Wites & Kapetan obtained final approval two class actions on behalf of borrowers in mortgage refinance transactions that were overcharged for title insurance premiums.  The cases include Nolan v. Integrated Real Estate Processing, which was litigated in The United States District Court for the Middle District of Florida, and Greenstein v. Nations Title Agency of  Florida, which was litigation, in Palm Beach County Circuit Court. The settlements allow class members who timely submit valid claims to receive 100% of the alleged overcharge. The law firm obtained final approval in a similar cases in 2009, including Rhodes v. Resource Title and Jackson v. Milestone Title. In all settlements, the title insurance agents also agreed to change their practices going forward so that their future customers pay the correct title insurance rates.

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