Daniel S. Rosenbaum
- Florida, 1980
- United States Court of Appeals, Eleventh Circuit (1981)
- United States Court of Appeals, Ninth Circuit (1999)
- United States District Court, Southern District of Florida (1981)
- United States District Court, Middle District of Florida (1995)
- United States District Court, Northern District of Florida (2009)
- J.D., University of Tulsa, College of Law, 1980
- B.S., Arizona State University, 1977
Mr. Rosenbaum has devoted his lengthy law practice to litigation. He has extensive trial and appellate experience in the State and Federal Courts of Florida and before other governmental tribunals. He has handled hundreds of trials, evidentiary hearings, quasi-judicial hearings and appearances before government boards throughout his professional career. Mr. Rosenbaum’s verdict in the Buckley Towers v. QBE Insurance case was recognized by the National Law Journal as one of the Top 20 Verdicts in the United States in 2009. Mr. Rosenbaum has an “AV® Preeminent™”. He received the highest ratings given to attorneys from Martindale-Hubbell® in the areas of Legal Knowledge, Analytical Capability; Judgment; Communication; and Legal Experience. Mr. Rosenbaum has been been included in The Best Lawyers in America©. He has been chosen as a finalist in the categories of both Complex Commercial Litigation and Real Estate Litigation for the Most Effective Lawyers Award by the Daily Business Review in the same year. Florida Trend Magazine has repeatedly recognized Mr. Rosenbaum among its “Legal Elite”. He has also repeatedly been selected as a Florida Super Lawyer® by Law & Politics Magazine, and has been named a Top Lawyer in Florida by The South Florida Legal Guide. Mr. Rosenbaum has been selected as a Best Lawyer® in Commercial Litigation and has been named as one of South Florida’s Top Lawyers. Mr. Rosenbaum was selected as one of the Top Attorneys in Florida in Business and Commercial Litigation, one of Florida’s Top Attorneys, and one of Best Attorneys in Florida. His practice consists of an unusually broad spectrum of legal matters, concentrating on Complex Commercial and Business Litigation, Construction Litigation, Land Use and Real Estate Litigation, Labor and Employment Litigation and Casualty Litigation. While the vast majority of Mr. Rosenbaum’s practice consists of State and Federal trial court cases in many practice areas, and he has also handled numerous appeals, some of which are identified hereafter.
CASUALTY AND INSURANCE LITIGATION
Mr. Rosenbaum has litigated multi-million dollar property damage, construction defect and other casualty cases, many of which have been in the Federal Courts. The following are decisions in some of these cases:
- QBE Insurance Corporation v. Dome Condominium Association, Inc.
Case No. 08-20906-CIV- Gonzalez, United States District Court, Southern District of Florida (Jury Verdict of Approximately $3.87 million rendered December 18, 2009).
- Buckley Towers Condominium, Inc. v. QBE Insurance Corp.
Case No. 07-22988-CIV-MORENO/TORRES (jury verdict of approximately 20.4 million dollars on February 13, 2009 for Hurricane Wilma damages) (Amended Final Judgment of $24,986,750 entered on May 14, 2009).
- Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corp.
561 F.3d 1267 (11th Cir. 2009) U.S. Court of Appeals, Eleventh Circuit (Five certified questions of Florida law sent to Florida Supreme Court).
- Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corp.
526 F. Supp. 2d 1251 (S.D. Fla. 2007) (Order on post trial motions on jury verdict of approximately 8.1 million dollars for Hurricane Wilma damages).
COMPLEX COMMERCIAL LITIGATION
Mr. Rosenbaum’s extensive trial and appellate experience includes the following reported appellate decisions:
- Cohn v. The Grand Condominium Association, Inc.
26 So.3d 8, (Fla. 3d DCA Nov. 12, 2009); (Finding section 718.404(2), Florida Statutes, unconstitutional for violating the contracts clause of the Florida Constitution).
- Old Port Cove Holdings, Inc., v. Old Port Cove Condominium Association One, Inc.
986 So. 2d 1279 (Fla. 2008); (Supreme Court of Florida adopts minority view in case of first impression relating to abrogation of Florida’s common law rule against perpetuities and unreasonable restraints on alienation concerning rights of first refusal for real estate)
- Alpha 2001, Inc./Omega 2011, LLC v. Bookstein
993 So. 2d 731 (Fla. 4th DCA 2006) (Entitlement to shares in predecessor corporation where merger intended to defeat creditor’s rights);
- Weinstein Design Group, Inc. v. Cecil Fielder
884 So. 2d 990 (Fla. 4th DCA 2004) (Unlawful commercial use of major league baseball player’s name);
- Ocwen Financial Corp. v. Holman
769 So. 2d 481 (Fla. 4th DCA 2000) (Arbitration clause in complicated purchase and sale agreement for a business required all claims to go to arbitration);
- Bank One, Dayton, N.A. v. Sunshine Meadows Condominium Association, Inc.
641 So. 2d 1333 (Fla. 1994) (Mortgage of commercial lender incorporated into common elements of condominium);
- Ocean Trail Unit Owners Association, Inc. v. Mead
650 So. 2d 4 (Fla. 1994) (Association entitled to assess unit owners to pay judgment for illegal actions of board, and settlement with insurance carrier and related actions to mitigate damages);
- In re Lot 20, Block H, Revised Map of Royal Park Addition to Palm Beach, Fla.
603 So. 2d 714 (Fla. 4th DCA 1992) (Constitutional homestead protection superior to Statewide Prosecutor’s RICO lien);
- Boca Grande Property Owners Association, Inc. v. Boca Development Associates, Inc.
570 So. 2d 1091 (Fla. 4th DCA 1990) (Deed restriction against development of commercial property did not preclude construction of large commercial shopping center);
- Royal Ambassador Condominium Association, Inc. v. East Coast Supply Corp.
495 So. 2d 932 (Fla. 4th DCA 1986) (Mechanics and materialmens liens are required to be imposed upon condominium units in their pro-rata share of liability);
- Sandpiper Cove Condominium Association, Inc. v. Diamondhead Shelter
Case No. BH-176 (Fla. 1st DCA 1986) (Condominium association acquired rights by quasi-easement over tract owned by developer)
GOVERNMENTAL, LAND USE AND ENVIRONMENTAL LITIGATION
Mr. Rosenbaum’s experience includes trials and appeals of eminent domain lawsuits, including eminent domain litigation to expand Palm Beach International Airport, development orders and variance applications, quasi-judicial hearings, environmental law matters, residential and commercial developments, taxation and public records cases. The following appellate decisions arose from some of these cases:
- Markham v. PPI, Inc.
843 So. 2d 922 (Fla. 4th DCA 2003) (Ad valorem taxation of Pompano Harness Track);
- Zamecnik v. Palm Beach County
768 So. 2d 1217 (Fla. 4th DCA 2000) (Eminent domain proceedings to construct municipal golf course on noise impacted land by aircraft using primary runway at Palm Beach International Airport);
- Town of Palm Beach v. State Department of Natural Resources
577 So. 2d 1383 (Fla. 4th DCA 1991) (Jurisdictional limitations between local government and State of Florida in relation to passage of environmental ordinance);
- Town of Manalapan v. Rechler
674 So. 2d 789 (Fla. 4th DCA 1996) rev. denied, 684 So.2d 1353 (Fla. 1996). (Writ of mandamus for public records requests made simultaneous with pending litigation);
- Old Port Cove Property Owners Association, Inc. v. Old Port Cove Properties, LTD., Inc.
534 So. 2d 924 (Fla. 4th DCA 1988) (Environmental limitation on expansion of marina which jeopardized protected species)
STATE AND FEDERAL CLASS ACTION CERTIFICATION LITIGATION
Mr. Rosenbaum’s experience includes class action certification cases in various types of lawsuits, some of which resulted in the following appellate cases:
- Binder v. Rainbow Medical, Inc.
831 So. 2d 254 (Fla. 3rd DCA 2002) (Misrepresentation class action in the sale of securities);
- Spitz, et al v. Connecticut General Life Insurance Company v. Minkin
Case No. 95-CV-3566, Central District of California, (Appealed in case No. 99-55403 (9th Cir. 2000) (Appeal of omitted class member in multi-district class-action litigation relating to the sales of interest-sensitive insurance policies)
LABOR AND EMPLOYMENT LAW
Mr. Rosenbaum’s experience includes trials and appeals of complex labor and employment cases, various types of discrimination cases, civil rights cases and administrative matters before the EEOC, local administrative agencies and the courts:
- Soto v. Halo Polo, LLC
Case No. 13-CV-80716-Middlebrooks/Brannon, United States District Court, Southern District of Florida (Defense jury verdict on FLSA and Minimum Wage Claims entered February 25, 2014);
- Savanna Club Worship Service, Inc. v. Savanna Club Homeowners Association, Inc.
456 F. Supp. 2d. 1223 (S.D. Fla. 2005) (Fair Housing Act violations for religious activities)
- Jennes, et. al. v. Ocwen Federal Bank FSB
Case No. 99-8681 CIV-Ryskamp, aff’d Jennes, et. al. v. Ocwen Federal Bank FSB, Case No. 02-10265-EE, Eleventh Circuit Court of Appeals (Opinion of January 28, 2003) (Fair Labor Standards Act and Incentive Compensation Plan claims)
- United States of America v. Sea Winds of Marco, Inc.
893 F. Supp. 1051 (M.D. Fla. 1995) (Defense of Justice Department lawsuit for Fair Housing Act violations)
BAR ASSOCIATION MEMBERSHIPS
- Federal Bar Association, Southern District of Florida
- Palm Beach County Bar Association