Posts in "Case Updates"
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Moore & Lee Secures Significant Settlement for Global Design and Engineering Firm in Signature Bridge Project Litigation
Miami, Florida – Moore & Lee is pleased to announce a decisive victory for our client, a leading design and engineering firm, in a high-stakes dispute with a design-build contractor involving an +$800 million signature bridge project in Miami, Florida. The case, litigated in the United States District Court for the Southern District of Florida, involved several complex factual claims and legal issues.
The design-build contractor sought over $405 million in damages, while Moore & Lee—led by partners Thomas Wilson and Robert Windus along with associates Zackary Rogers, Brandon Lee, and Kenny Rafter—pursued a counterclaim for non-payment of fees in excess of $30 million. After the Court granted motions for summary judgment filed on our client’s behalf, the firm secured a favorable settlement for our client.
Moore & Lee obtained Court rulings on dispositive motions that clarified multiple areas of Florida law, including the enforceability of contractual limitation of liability provisions for claims against individual design professionals, the statute of limitations applicable to claims concerning pursuit-phase services on design-build projects, and the function of the independent tort doctrine in states like Florida that have curtailed the economic loss rule. These rulings establish important legal precedent for future design-build projects in Florida and beyond.
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Moore & Lee Delivers Defense Victory in Multibillion-Dollar Class Action for Outdoor Products Manufacturer, Dometic Corp.
Moore & Lee is pleased to announce a decisive victory for client Dometic Corp. Dometic is a leading manufacturer and distributor of outdoor living products, operating 25 manufacturing and assembly sites in 11 countries and conducting sales in approximately 100 countries. Among the products Dometic makes and sells are gas absorption refrigerators, which are uniquely suited for use in recreational vehicles. Over six years ago, multiple putative class actions were filed against Dometic alleging that all Dometic-branded gas absorption refrigerators sold in the United States since 1997 contain a common latent defect that causes them to fail and cause fires. The allegations encompassed millions of refrigerators and sought as much as $2 billion in damages. Led by partner Erica Rutner and associates Rachel Bauer and Zack Rogers, the firm took Dometic to a decisive victory that resulted in all plaintiffs voluntarily dismissing their claims with prejudice. The cases were litigated in trial and appellate courts around the country, including in the Northern and Central Districts of California, the Southern District of Florida, the Eleventh Circuit Court of Appeals, and the Judicial Panel for Multidistrict Litigation. Throughout the course of the litigation, Dometic prevailed at nearly every turn. These victories included entry of summary judgment in one of the first-filed actions, the denial of the plaintiffs’ request for a multidistrict litigation in an unfavorable forum, the granting of Dometic’s motions to transfer and consolidate all remaining cases in Florida, the denial of class certification, and finally the complete exclusion of the plaintiffs’ damages and liability experts. On the heels of the favorable rulings excluding plaintiffs’ experts, all remaining plaintiffs agreed to voluntarily dismiss their claims with prejudice. The final dismissal order came on November 14, 2022. The case is illustrative of the firm’s growing practice and expertise in consumer class actions.