Wites & Kapitan

Call For Free Consultation

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...

Read More

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

Read More

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...

Read More

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.

Read More

Marc Wites Wins $6 Million Verdict for Family of Woman Killed in Road Debris Accident

February 17, 2004, began like a normal day for Claudia Avila. The 43-year-old went to work, and then began traveling home as a passenger in a car traveling south on I-95 in Delray Beach. She was on the way to meet her eldest daughter, Fernanda Avila, then 26 years old, for lunch. At about 12:45 p.m., as the car approached the Congress Road exit, a 34-pound metal plate flew into the windshield of the car, and struck her in the head. She died several weeks later from the injury. No one came forward. The Avila family took to the television and newspapers, seeking information about the accident, but had no luck. The Florida Highway Patrol investigated, and then closed the case as they were unable to determine the metal’s origin. Ms. Avila’s daughters and son, Fernanda, Renata and Cicero, hired attorney Marc A. Wites of Wites & Kapetan, P.A., and...

Read More

Wites & Kapetan Wins $500,000 Arbitration Award for Defrauded Investors

Wites & Kapetan, P.A. today announced that Judy Schulman, a Boca Raton resident who suffered substantial losses in a risky portfolio of Collateralized Mortgage Obligations (CMOs) sold to her as a safe and conservative investment by Brookstreet Securities Corporation, received an arbitration award of $523,300. After a 4-day hearing, the Financial Industry Regulatory Authority (FINRA) Arbitration Panel found Brookstreet and its President, Stanley Brooks, jointly and severally liable for Ms. Schulman’s losses. Ms. Schulman, who was 53 when the account was opened, argued that Brookstreet failed her by recommending a risky, complex portfolio comprised almost entirely of CMOs, which Brookstreet marketed to her as a conservative investment that would yield income and was as safe as a bank CD. Ms. Schulman had very limited investment experience, and clearly told her broker that she wanted only very conservative investments and did not want to lose any money. Ms. Schulman’s lawyer, Marc...

Read More