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Marc Wites Prevails in Lawsuit to Allow 9-Year Old Boys to Play in Youth Football League

When several players on the Delray Rocks 80 lb football were told they could not play, the boys’ families turned to Wites & Kapetan for help. The firm accepted the case, and represented the players for free. The City of Delray Beach, Florida, has several youth football teams that participate in the South Florida Youth Football League (SFYFL), and through the City such Teams are members of the SFYFL. The Delray Rocks 80 lb Team is a member of the League and, according to SFYFL By-Laws, it may be comprised of players that are ages 8 and 9, provided only that they do not turn 10 during the season. Max Brodsky, Arthur Guerra, Thomas Moustakis, Tyrese Worthy, Deondra Smith, Sam Steinhardt, Anthony Williams, Dwayne Randolph, and Travon Trice, all of whom are or will turn 9 during the football season, and all of whom weigh 80 lbs or less (the...

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Appeals Court Decision Brings Favorable End to 6-Year Litigation Over Wrongful Death

After 6 years of litigation, Florida’s Fourth District Court of Appeals issued a one-page ruling that affirmed the $6 million jury verdict Wites & Kapetan obtained for the family of Claudia Avila, who was killed in a tragic accident on I-95 on February 17, 2004.  It 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,...

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Racial Discrimination Suit Filed on Behalf of Brazilian Celebrities

In November 2008, Mr. Nobre was vacationing in Florida, along with his wife, Adriana Bombom, a well-known Brazilian model and celebrity, and their two children. During their vacation in the United States, Mr. Nobre performed several concerts in New Jersey and South Florida. On November 17, 2008, Mr. Nobre, his family and his producer boarded a return flight from New York to Rio de Janeiro having concluded their vacation. Despite their celebrity in Brazil, Mr. Nobre and Ms. Bombom were not recognized at the airport or by other passengers prior to leaving New York. However, while on board the flight, American Airlines employees hurled racially charged slurs and discriminatory insults at Mr. Nobre and Ms. Bombom. Repeatedly during the flight, one American Airlines employee called Mr. Nobre a “monkey” in Portuguese and made monkey-like sounds while performing physical movements associated only with the behavior of a monkey. In addition, Mr....

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2009 Florida Litigation Guide Released by Marc A. Wites & Wites & Kapetan, P.A

Marc Wites announced the release of the 12th edition of the Florida Litigation Guide on July 15, 2009. 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...

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