Forizs & Dogali, P.A.

F&D to Sponsor AGCGF Networking Event on November 30th

Tue, 15 Nov 2011 10:00:11 -0500

Forizs & Dogali is pleased to sponsor the Associated General Contractors of Greater Florida networking event on November 30, 2011, from 5-7pm at Lee Roy Selmon's on Boy Scout Boulevard. Collman & Karsky will be the featured architect and will be present to answer any questions from attendees.

For more information on registration, visit: AGCGF Events.

http://www.forizs-dogali.com/article.php?i=115

F&D Proud Sponsor of FGCAR Golf Outing

Mon, 10 Oct 2011 10:04:57 -0400

Forizs & Dogali is pleased to sponsor the Florida Gulfcoast Commerical Association of Realtors, Inc. (FGCAR) Annual Golf Outing on Monday, October 10th, at the Emerald Greens golf course in Carrollwood. Proceeds from the outing will go towards educational foundations in Hillsborough, Pinellas, and Pasco counties for scholarships.

To view the event flyer, visit FGCAR's website.

http://www.forizs-dogali.com/article.php?i=114

Jackie Palik to Serve as Table Captain for Humane Society Luncheon

Mon, 10 Oct 2011 9:59:55 -0400

Attorney Jackie Palik is serving as Table Captain for the Humane Society's Passion for Pets Fundraising Lunch on October 20, 2011, at the Wyndham Hotel on Westshore Boulevard. This is an annual event to raise money for the Humane Society of Tampa Bay.

To learn more, visit the Humane Society of Tampa Bay event calendar.

http://www.forizs-dogali.com/article.php?i=113

Hope Dogali Presented with 2011 Tin Cup Award

Thu, 15 Sep 2011 15:14:46 -0400

Hope Dogali was presented with the 2011 Tin Cup Award by The Children's Home in recognition of her significant leadership and support which helped generate nearly $500,000 in cash contributions from annual events such as the Auxiliary Golf Tournaments and StarPower Fashion Shows.

Hope served as Auxiliary President for the past five years and was elected to the Children's Home, Inc. Board of Directors in July, 2011.

http://www.forizs-dogali.com/article.php?i=112

Forizs & Dogali Participated in Home Makeover: The Children's Home Edition

Mon, 15 Aug 2011 11:16:11 -0400

Volunteers from Forizs & Dogali participated in Home Makeover: The Children's Home Edition on August 10, 2011. The project was designed as a surprise for the children living on the residential campus. While they were away at summer camp, hundreds of volunteers along with staff from The Children's Home took over the cottages by painting walls, replacing furniture, restocking their pantries, planting flowers and making over their rooms.

Hope Dogali is a Board Member of The Children's Home. To read a Bay News 9 article in which she is quoted on the makeover reveal, click: The Children's Home gets an 'extreme makeover'

For more information on the project, visit: Home Makeover: The Children's Home Edition

http://www.forizs-dogali.com/article.php?i=111

Jackie Palik Appointed to FL Bar Journal/News Editorial Board

Mon, 18 Jul 2011 16:32:32 -0400

Attorney Jackie Palik has been appointed to The Florida Bar Journal/News Editorial Board for a three year term, ending in 2014. The Board serves editorial staff as well as works closely with News and Journal staff to provide recommendations for relevant topics, reviewing submitted articles, and selecting articles for publication.

For a list of all members in The Florida Bar Journal/News Editorial Board, visit the Standing Committee Page.

http://www.forizs-dogali.com/article.php?i=109

Hope Dogali Appointed Board Member of The Children's Home

Wed, 13 Jul 2011 11:15:25 -0400

Attorney Hope Dogali has been appointed to the Board of The Children's Home, Inc. for a two year term, beginning July 1, 2011. Hope has served on the Pinellas Auxiliary for The Children's Home for 10 years. She served as President of the Auxiliary the past four years and is currently Secretary. She has also Co-Chaired The Children's Home Annual Golf Tournament and Annual StarPower Celebrity Fashion Show for the past four years.

To learn more about The Children's Home, visit their website.

http://www.forizs-dogali.com/article.php?i=108

Federal Judge Certifies Nationwide Class Action of Blind Persons who Visit Disney Theme Parks and Websites, Certifies Andy Dogali as Lead Class Counsel

Wed, 13 Jul 2011 10:48:30 -0400

On June 29, 2011, in the United States District Court Central District of California, Case No. CV 10-05810-DMG-FMO, Judge Dolly Gee certified a nationwide class of blind persons in a class action pending in Los Angeles, represented by counsel at Forizs & Dogali, P.A.. The blind plaintiffs in the case do not seek money damages, but only seek an injunction requiring Disney to comply with the Americans with Disabilities Act by making its theme parks and websites accessible to persons with visual impairments.

Judge Gee certified five distinct classes who make the following allegations against Walt Disney Parks & Resorts: 1) Disney does not provide schedules, menus and maps in formats which are accessible to blind persons, such as in Braille, large print, or electronic form; 2) Disney does not accommodate the needs of guide dogs; 3) Disney does not accommodate the needs of blind persons during live parades and shows; 4) Disney does not permit any discounted admission for sighted companions who must accompany and support blind persons in the theme parks; and 5) Disney's websites do not accommodate blind persons who use screen reader programs to access information.

Blind persons routinely use screen reader programs when surfing the internet. As the blind visitor tabs through or drags a cursor over elements of a webpage, screen reader programs read the content aloud. The plaintiffs allege that Disney's websites unlawfully include information which is visible to sighted users but not to screen reader programs, as well as options which are available to sighted persons but not to blind persons, such as the ability to renew passes, make reservations, and download electronic tickets.

The three plaintiffs who have taken up this fight against Disney and who are now certified to represent blind persons across America are all women. Two reside in Southern California, the other in Wichita, Kansas. They are represented by Andy Dogali as Lead Class Counsel, and Gene Feldman of Los Angeles. Mr. Feldman, who operates a boutique disability law practice, said the ruling represents “an important victory for blind persons who otherwise enjoy the Disney experience but who seek simple fairness and equal treatment under the ADA”. The case is now set for trial in January, 2012. The 45-page certification order is available at http://www.forizs-dogali.com/pdf/Disney%20Certification%20Order.pdf.

http://www.forizs-dogali.com/article.php?i=107

Forizs & Dogali Welcomes New Associate, Barbara Uberoi

Fri, 17 Jun 2011 10:19:10 -0400

Barbara Uberoi has joined Forizs & Dogali as an associate in the Tampa office. Welcome to the firm, Barbara!

http://www.forizs-dogali.com/article.php?i=104

F&D attorneys named Florida Super Lawyers 2011

Fri, 10 Jun 2011 9:37:42 -0400

Forizs & Dogali, P.A. is pleased to announce that Lee Atkinson, Andy Dogali, and Timothy Woodward have been named to the Florida Super Lawyers list as top attorneys in Florida for 2011. Only 5 percent of the lawyers in the state are named by Super Lawyers.

The selections for these esteemed lists are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN. Each year,the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.

Thomson Reuters, Legal publishes Super Lawyers magazines across the country. In addition to the magazines, Thomson Reuters, Legal publishes newspaper inserts and magazine special sections devoted to Super Lawyers. In 2010, Super Lawyers reached more than 15 million readers.

Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world's leading source of intelligent information for businesses and professionals. Super Lawyers can be found online at superlawyers.com where lawyers can be searched by practice area and location.

http://www.forizs-dogali.com/article.php?i=101

Second District Court of Appeal Reverses Trial Judge's Holding that Florida Lacked General Personal Jurisdiction Over Defendant

Tue, 4 Oct 2011 14:32:47 -0400

In Oldock v. DL&B Enterprises, Inc., the plaintiff was involved in an accident on the defendant's North Carolina property. No. 2D09-6017 (Fla. 2d DCA Sept. 28, 2011). The plaintiff subsequently brought a personal injury lawsuit in the Twentieth Judicial Circuit. The trial court granted the defendant's motion to dismiss for lack of personal jurisdiction.

The appellate court, in reversing, determined that Florida had general personal jurisdiction over the defendant. Florida has long-arm jurisdiction over a nonresident defendant if both the requirements of the Florida long-arm statute and the federal constitutional requirement of minimum contacts are met. Section 48.193, Florida Statutes, provides for general jurisdiction when a nonresident defendant engages in substantial and not isolated activities within the state, whether or not the claim arises from those activities. The requirements of the long-arm statute and due process are satisfied when a nonresident defendant initiates and maintains continuous and systematic business contacts in Florida for pecuniary gain. In this case, the defendant had continuously and systematically initiated and maintained exclusive business relationships with Florida companies, in which it had an ownership interest, to sell its produce for pecuniary gain. The circuit court erred by finding it lacked general personal jurisdiction over the defendant.

http://www.forizs-dogali.com/blog.php?i=221

Eleventh Circuit Holds that Filing of Amended Complaint Revived Defendant's Right to Compel Arbitration

Wed, 7 Sep 2011 15:16:51 -0400

In Krinsk v. SunTrust Banks, Inc., the plaintiff filed a class action complaint arising from the bank's suspension of her right to access her home-equity line of credit. No. 10-11912 (11th Cir. Sept. 7, 2011). SunTrust filed a motion to dismiss the complaint, but did not address the loan agreement's arbitration clause. The district court granted the motion to dismiss in part, and provided the plaintiff with the opportunity to amend. The plaintiff subsequently filed an amended complaint. The defendant then raised the right to arbitrate as an affirmative defense, and filed a motion to compel arbitration. The district court held that SunTrust had waived its right to require arbitration.

The appellate court determined that the filing of the amended complaint revived SunTrust's right to compel arbitration. This right is only revived if the amended complaint unexpectedly changes the scope or theory of the plaintiff's claims. Due to the federal policy in support of arbitration agreements, the motion to compel arbitration should be granted unless the defendant again waives arbitration by a lack of diligence in seeking arbitration after the amended complaint is filed. The appellate court held that the amended complaint greatly broadened the potential scope of the lawsuit in expanding the putative class. Accordingly, the trial court erred in denying the motion to compel arbitration.

http://www.forizs-dogali.com/blog.php?i=220

Borders Sends Fond Farewell to Customers

Mon, 15 Aug 2011 15:01:33 -0400

CEO of Borders, Mike Edwards, sent a farewell letter to customers regretting to confirm news that the company would be shutting down after more than 40 years of business. Some of the reasons for closing were attributed to a rapidly changing book industry, the eReader revolution, and a turbulent economy. Edwards thanked customers for their support and loyalty over the years.

To read the letter in its entirety, click Borders Farewell Message.

http://www.forizs-dogali.com/blog.php?i=219

SEC's New Whistleblower Program Takes Effect

Fri, 12 Aug 2011 17:11:44 -0400

The U.S. Securities and Exchange Commission's Whistleblower Program became effective today and the SEC launched a new webpage with details on how to submit a tip or complaint. The Dodd-Frank Wall Street Reform and Consumer Protection Act allows rewards be paid to whistleblowers who report violations of federal securities laws where the SEC is able to pursue the case and collect more than $1 million in monetary sanctions.

The SEC's new webpage is at http://www.sec.gov/whistleblower.

http://www.forizs-dogali.com/blog.php?i=218

October Term 2010: The Conservatives Triumph

Thu, 11 Aug 2011 16:32:26 -0400

For a review of some of the Supreme Court's recent decisions, visit the California Bar Journal.

http://www.forizs-dogali.com/blog.php?i=217

Second DCA Determines that Trial Court Erred in Applying Statute of Frauds to Bar Claims for Legal Malpractice, Breach of Fiduciary Duty, and Unjust Enrichment

Thu, 11 Aug 2011 16:28:18 -0400

In B&C Investors, Inc. v. Vojak, clients brought suit against their former attorney stemming from the attorney's failure to convey real property to them. No. 2D09-4326 (Fla. 2d DCA Aug. 10, 2011). The attorney moved to dismiss based upon the statute of frauds, which requires that contracts for the sale of land be reduced to writing. The trial court granted the motion with prejudice.

The Second DCA upheld the dismissal of the count for a constructive trust not based on the statute of frauds, but rather because a constructive trust is an equitable remedy and is not a cause of action.

The appellate court held that the trial court had improperly dismissed the claims for legal malpractice, breach of fiduciary duty, and unjust enrichment, however. These claims were not simply “repackaged” claims for breach of an oral contract to sell property, but rather were separate independent torts that stood on their own. The basis for the breach of fiduciary claim was, among other things, the attorney's delay in providing a sales contract so the client could obtain financing, refusing to relinquish her mortgage on the property, and selling the property for a much higher price than what the client would have paid. Similarly, the claim for professional malpractice was based on the attorney's breach of her duty to protect the client's interest and her alleged professional ineptitude. Finally, the claim for unjust enrichment was based not on a contract to sell property, but instead was an equitable claim resulting from the attorney's improper profiting at the client's expense. Accordingly, the appellate court reversed the dismissals of those claims.

Click here for a link to the opinion.

http://www.forizs-dogali.com/blog.php?i=216

Federal judge holds that pollution exclusion bars coverage for damage caused by Chinese drywall

Thu, 28 Jul 2011 16:11:38 -0400

In Nationwide Mutual Insurance Co v. The Overlook, LLC, insurers filed suit against their insureds, seeking a declaratory judgment that they had no duty to defend or indemnify the insureds in an underlying state court lawsuit. 2011 WL 1988396 (E.D. Va. May 13, 2011). The state court lawsuit alleged that the insureds had sold homes containing defective Chinese drywall, and that the drywall had emitted noxious gases that caused damage and corrosion to the structural, mechanical, and plumbing systems. The insurers moved for summary judgment.

The insurers argued that the pollution exclusion was unambiguous and barred coverage. The insureds responded that the exclusion was ambiguous and should be construed against the insurers. The exclusion precluded coverage for “bodily injury” or “property damage” arising out of pollutants. The underlying complaint clearly alleged bodily injury or property damage, as it sought recovery for home repairs, damage to other property, costs of medical care, etc. The underlying complaint also alleged movement of sulfide gases, which satisfied the requirement of discharge, dispersal, seepage, migration, release or escape, thus falling within the pollution exclusion. The policies also required that a pollutant be (1) solid, liquid, gaseous, or thermal; and (2) an irritant or contaminant. The underlying complaint alleged that the pollutants were gaseous. The insureds argued that whether the gases were “irritants” or “contaminants” was ambiguous, however. The court determined that the policy did not indicate that the exclusion would not equally apply to both traditional and indoor pollution. The court refused to apply a substantive reasonableness test as the insureds proposed. The exclusion was not overbroad because a plain reading of the exclusion would not nullify the remainder of coverage. Contrary to the insured's argument, an exception to the exclusion does not create coverage. Under the ordinary meaning of the terms, the gases were “irritants” or “contaminants” because the underlying complaint alleged that the drywall produced noxious gases, causing damage and corrosion and necessitating medical care and monitoring. Every claim for damages in the underlying complaint implicated the pollution exclusion, so the insurers did not have the duty defend the insureds.

http://www.forizs-dogali.com/blog.php?i=215

District judge for the Southern District of Mississippi rules that losses caused by defective Chinese drywall are not covered by homeowners' insurance policy

Thu, 28 Jul 2011 16:07:44 -0400

In Bishop v. Alfa Mutual Insurance Co., the plaintiffs brought suit against their homeowners' insurer, seeking coverage for property damage and personal injuries allegedly caused by defective Chinese drywall installed in their residence. 2011 WL 2457867 (S.D. Miss. June 16, 2011). The drywall caused the emission of sulphurous gases, leading to damage to appliances, exposed metals, and personal property, along with physical ailments.

The court determined that there was no coverage for direct physical loss to personal property because the loss was not caused by any of the sixteen named perils. By its terms the “sudden and accidental damage” peril only applied to damage caused by “an increase or decrease of artificially generated electrical current.”

With respect to direct physical losses to the home itself, the insurer argued that various exclusions applied to preclude coverage. The court determined that the “latent defect” exclusion did not apply. A “latent defect” is typically defined as “a defect that is hidden or concealed from knowledge, as well as from sight, and which a reasonable customary inspection would not reveal.” Here, the insurer had not proven that the defect could not have been discovered by any known and customary test. The “inherent vice” exclusion did not apply because there was no evidence that the drywall was damaging or destroying itself. The contamination exclusion did apply, however, because “contaminant” in the insurance context had been defined as a “substance that because of its nature and under the particular circumstances, was not generally supposed to be where it was located and caused injurious or harmful effects to people, property or the environment.” The defective drywall and emissions fell within this definition, constituting contaminants. The “corrosion” exclusion additionally applied to preclude coverage for losses directly or indirectly caused by corrosion. The plaintiffs had alleged that the gases caused corrosion to appliances and wires in the home. The ordinary meaning of “corrosion” included both corrosion as the loss itself and corrosion as a cause of the loss. Finally, the “faulty materials” exclusion applied because the drywall was defective and was not serving its intended purpose as a component of a livable residence. The ensuing loss provisions did not apply to extend coverage because the Chinese drywall had caused a continuous loss rather than a loss that occurred subsequently in time to the initial loss.

Because the underlying direct losses were not covered, the homeowners could not recover for the loss of use of their home. Lastly, the policy did not provide coverage for personal injury, so the plaintiffs could not recover for any health issues caused by the drywall. Accordingly, the district judge granted the insurer's motion for summary judgment.

http://www.forizs-dogali.com/blog.php?i=214

FINRA Alert: Chasing Return in Challenging Investments

Thu, 28 Jul 2011 15:56:06 -0400

FINRA has issued an alert warning investors of higher risks associated with the investment in products that offer higher returns. With the current investing environment where fixed-income yields are at historically low levels and volatility of stock returns is high, investors may find certain products more appealing. Many investors are looking for higher and more invariable returns.

FINRA suggests asking the following questions before you change investments:

Does the higher return come with increased risk?
Do you understand how the investment operates?
What are the costs and fees associated with the new investment?
Is the product callable?
Could the new investment be fraudulent?

Some of the products investors might encounter on the quest for higher returns are high-yield bonds, bond mutual funds, floating-rate loan funds, structured retail products, leveraged products, and others such as HYIPs, or high-yield investment programs.

To read FINRA's report in full, visit their website.

http://www.forizs-dogali.com/blog.php?i=213

SEC Issues Investor Bulletin on Retail Forex Transactions

Fri, 22 Jul 2011 16:46:12 -0400

On July 20, 2011, the Securities and Exchange Commission issued an investor bulletin that highlightied some of the most significant risks foreign currency exchange (forex) transactions could pose for individual investors.

The forex market is generally a liquid financial market and many large corporations and financial institutions are able to use this type of market to manage risks associated with currency rate fluctuations. Individuals who trade in forex markets can encounter much more substantial risks of loss. The Director of the SEC's Office of Investor Education and Advocacy stated, “Forex trading can be very risky and is not appropriate for all investors”.

To read the full SEC Investor Bulletin, click here.

http://www.forizs-dogali.com/blog.php?i=212