Judge Miguel De La O (far left), Judge Steve Leifman (second from the left), CSK Partner Sarah Egan (second from the right) and Judge Ramiro Areces (right)
CSK Associate Alex Cura (Left), CSK Partner David Caballero (Middle), and CSK Partner Sarah Egan (Right)
CSK Partner Elisabeth Espinosa (Left) and her parents on the right.
CSK Partner David Caballero (Far Left), Judge Barbara Areces (Left) and Judge Ramiro Areces (Far Right)
Joe Kissane, Henry Salas and Scott Cole, with the assistance of Daniel Duello and Zachary Brewer, obtained a complete defense verdict in a bad faith claim filed against a medical malpractice insurer. In Samiian v. FPIC, the Plaintiff alleged that the insurer acted in bad faith: 1) by failing to properly investigate, evaluate or negotiate the underlying medical malpractice claim filed against him prior to the statutory pre-suit period, 2) by failing to properly advise him regarding the benefits and detriments of voluntary binding arbitration in the underlying medical malpractice claim and 3) by costing the doctor the opportunity to settle this claim. Dr. Samiian asserted that because he chose to arbitrate the underlying medical malpractice claim and admit liability that he lost the opportunity to settle. As a result, a $43 million judgment was entered against him. By the time of the bad faith trial, after calculating the interest, Plaintiff contended that the exposure to the insurer was $100 million. The Defense contested this interest calculation.
CSK argued that the decision to arbitrate was made by the doctor’s legal team and not the insurer and, that in any event, it was the correct decision under the circumstances. CSK took the position that Dr. Samiian’s own actions prevented a settlement of the underlying medical malpractice claim. Finally, CSK successfully argued that the insurer had no duty to investigate, evaluate or negotiate the medical incident prior to service of the pre-suit Notice of Intent.
After two weeks of trial in Duval County Circuit Court the jury returned a complete defense verdict in less than one hour.
For more information about the Samiian case or CSK’s bad faith group, please call Joe Kissane (904-672-4031), Henry Salas (786-268-6419) or Scott Cole (305-350-5346).
Cole, Scott & Kissane is pleased to announce the following members of the firm have been named as Florida Super Lawyers and Rising Stars 2018 by Super Lawyers® magazine. Many thanks for their hard work and dedication to our clients.
I am pleased to acknowledge that this week marks the 14th anniversary of CSK’s Fort Lauderdale office. I wanted to take a moment to acknowledge and to thank the wonderful staff, paralegals and attorneys who have made this office a tremendous success. I know many of you have heard my “speech” but it is an important story to tell. When we started 14 years ago, the office was just a couple of lawyers together with the staff that joined me on this new adventure. The office was started with management’s vision of creating a new office in Broward County and a satellite office in Naples to expand the presence of CSK and the firm’s capability to provide excellent legal services to our clients.
Today CSK FTL has a commanding presence in the community. We are now over 50 lawyers between the East and West offices. We have continued to grow and last year moved into our new office space more than doubling our size. The FTL office is a fantastic combination of lawyers with different practice areas, years of experience and diverse backgrounds. None of this would have been possible without the great people we have working here coupled with the guidance and vision of the founders of this firm.
Through it all I cannot emphasize how important it has been for us to provide excellent quality legal work for our clients as an office and a firm. Without it, the firm would not have had such success.
** On a personal note – here comes my story: (for those who read this far) As some of you may know, I started as a part-time file clerk for Mr. Cole’s prior firm over 27 years ago. I point this out for two reasons – first, if you do not believe that your job with CSK is important to the overall organization – no matter what your job is – you are wrong. Everyone is important to our success as a firm. Second, if you do not believe that you have endless opportunity within this firm and that you have the support to advance, then you need only look around you as there are many, many wonderful stories within the CSK family. You never know where the next supervisor, office manager, lawyer, partner, etc.. will come from, but based upon our history it will be one of you.
Thank you and happy anniversary to our FTL Office!
CSK’s Andrew Simon, Andrew Freedman, Alex Cura, Warren Chin, and Anthony Lanza (pictured below with Alonzo Mourning) are proud to announce the firm’s participation in the 2017 Zo’s Hoop Law Madness – a fundraising event for the Overtown Youth Center. Follow the link to learn more: http://overtownyouth.org/mission/
On the 3rd of March 2017, Cole, Scott, & Kissane, P.A. held their bi-annual Claims Management Seminar. We would like to take the time to thank all of those who attended for making this year’s Seminar such a wonderful success. This was the most highly attended seminar in our firm’s 20 year history and we would like to thank you, our clients, for being such a wonderful part of our firm’s history and future.
We hope that you found the seminar topics, speakers and the overall experience to be one of the finest in the country. We work very hard to bring you a wide array of topics that we believe allow you to appropriately and precisely evaluate the key legal issues presented in Florida, evaluate your cases and ultimately make an informed decision as to the resolution of each and every one of your cases.
Again, thank you so much for your continued support of this law firm and our ever developing friendship and partnership.