About Justin Carlin, Esq.

Commercial Litigation & Business Disputes

Represented member of LLC engaged in international pharmaceutical sales with prosecuting derivative action against managing member of LLC.  Plaintiff sought more than $5 million in damages resulting from managing member’s alleged civil theft, conversion, and breach of fiduciary duty.  Case settled at mediation shortly before trial.

Represented plaintiff investor in federal court litigation involving alleged breach of joint venture agreement to purchase and resell exotic sports car worth more than $1.3 million. Parties entered into a confidential settlement agreement during the first day of jury trial.

After two-day evidentiary hearing, obtained temporary injunction on behalf of company whose former manager allegedly misappropriated the company’s customer lists and other trade secrets in violation of a non-compete agreement and Florida Uniform Trade Secrets Act.  The enjoined conduct was causing the company more than $500,000.00 a month in lost revenues.

Represented former director of foreign corporation in defense of fraud and civil conspiracy claims arising from failed international real estate project in the Turks and Caicos Islands. Case was voluntarily dismissed by plaintiffs after more than 24 months of active litigation.

Represented foreign judgment creditor seeking to enforce fraud judgment against “insolvent” corporation.  The case was formally designated by the trial court as “complex” and involved parallel Chapter 727 assignment for the benefit of creditors (“ABC”) proceedings brought in coordinate trial courts, each of which resulted in appeals to the Florida Fourth District Court of Appeal, and a Chapter 11 bankruptcy proceeding initiated in the U.S. Bankruptcy Court for the Southern District of Florida that resulted in an appeal to each of the District Court and the Eleventh Circuit Court of Appeals.

Probate, Estate, & Trust Litigation

Prevailed in 12-day trial seeking to set aside estate planning documents based on undue influence.  Clients were awarded $2.9 million, together with attorneys’ fees, court costs, and litigation expenses.

Represented disinherited beneficiary in claim to set aside trust amendment and deed allegedly obtained through undue influence.  Case settled for $1.6 million.

Prevailed in four-day federal court jury trial on action to set aside a “deathbed” beneficiary designation to an IRA that largely disinherited the client.  The jury verdict was that the decedent lacked capacity and that the defendant had engaged in undue influence and fraud.  In addition to invalidating the beneficiary designation that disinherited the client, the jury awarded the client $178,000.00 in compensatory damages.

Defended trustee of trust in four-day, non-jury trial to set aside real estate transfer as legally insufficient and as void for having been procured through alleged undue influence of the grantor when the grantor allegedly lacked capacity.

Represented beneficiary of trust in breach of trust and breach of fiduciary duty claim against trustee who failed to pay college tuition to beneficiary’s daughter in accordance with the terms of the decedent’s trust agreement.

Real Estate Litigation & Property Disputes

Represented local financial institution in prosecution of $12+ million commercial mortgage foreclosure.

Represented real estate investor in challenge to $1.5 million special assessment imposed against unit owners of condominium property, contending that the special assessment was enacted in violation of the Association’s governing documents and, therefore, was void.  Case settled before trial.

Prevailed in bench trial representing co-tenant who had been ousted from real property co-owned with her brother, claiming fair market rental value during the period of her dispossession, together with attorneys’ fees and court costs.

Defended commercial tenant in trial on claim for eviction based on tenant’s alleged non-monetary default (serving “Greek beer” instead of “Turkish beer” to the restaurant’s patrons), arguing the absence of a default under the lease agreement or, in the alternative, that the inequitable forfeiture doctrine made eviction an inappropriate remedy.

Appeals

Successfully represented Florida limited liability company with obtaining reversal of summary final judgment after establishing existence of genuine issues of material fact.  See Zur Investments, LLC v. Auslander, 2020 WL 4640572, — So. 3d — (Fla. 3d DCA, Aug. 12, 2020).

Prevailed in appeal from an Order denying a Motion to Vacate Summary Final Judgment; appellate court held that Association’s “suspension plan” from previously recorded “termination plan” was legal nullity and Final Judgment was void for failure to join indispensable party (Association’s termination trustee).  See Bawi v. Inverrary Resort Hotel Condominium Ass’n, Inc., 22 Fla. L. Weekly Supp. 67 (Oct. 31, 2014).

Prevailed in appeal of trial court’s decision declining to dismiss Chapter 727 assignment for the benefit of creditors proceeding as void on ground that Chapter 727 is strictly construed, and debtor and assignee failed to strictly follow statutory requirements of ABC proceeding.  See Pro Finish, Inc. v. Estate of All American Trailer Mfgs., Inc., 204 So. 3d 505 (Fla. 4th DCA 2016).

Prevailed in appeal of trial court’s decision denying Plaintiffs’ motion for proceedings supplementary in aid of execution of judgment.  See Forster, et al. v. Nations Funding Source, Inc., et al., Case No. 15-14316-DD (11th Cir. 2016) (unpublished opinion).

Speaker: “Damages in Business Litigation Cases,” Florida Lawyers Network, Fort Lauderdale Chapter (Mar. 23, 2022).

Speaker: “Selected Issues in Evidence – State & Federal Courts,” Florida Lawyers Network, Fort Lauderdale Chapter, Via Zoom Video Conference (Sep. 23, 2020).

Speaker: “Civil Litigation in Federal Courts,” Florida Lawyers Network, Fort Lauderdale Chapter, Lauderdale Yacht Club (Aug. 23, 2017).

Panelist: “The Winning Edge,” The Florida Bar’s Henry Latimer Center for Professionalism and Standing Committee on Professionalism, Nova Southeastern University Law School (Oct. 22, 2015).

Author: What Every Florida Business Owner Should Know about Collections, Broward County Bar Association People’s Law Guide (2011).

Research and Writing Contributor: Jerry W. Markham, Glass Steagall vs. Gramm-Leach-Bliley-A Test Match for the Bankers, 12 U. Pa. J. Bus. L. 1081 (2010).

Author: State Sovereign Immunity and Privatization: Can Eleventh Amendment Immunity Extend to Private Entities? 5 F.I.U. L. Rev. 209 (2009) [cited in Harvard J. L. & Pub. Pol’y].

Research Fellow to Prof. Jerry Markham for U.S. banking law address delivered to the International Monetary Fund.