David Keller’s Significant Results

Legal and Professional Malpractice
  • Successful defense of lawyer and major law firm at trial in Central Florida suit for breach of trust, breach of fiduciary duty, and removal of lawyer as Trustee, resulting in dismissal of claim for removal with prejudice, and award of attorneys’ fees and costs
  • Obtained dismissal and summary judgment in Orlando Complex Business Court Division for lawyer and law firm against claims of legal malpractice and breach of fiduciary duty for damages alleged in excess of $200 million in state circuit court case
  • Defended lawyer in claims involving alleged improprieties with respect to handling ancillary probate proceedings for foreign estate valued at over $400 million, and related state court judgment against estate for $193 million in damages
  • Successful prosecution of fee claim and defense of seven figure counterclaim for breach of fiduciary duty, disgorgement of substantial fees, and for damages in AAA arbitration for a major South Florida law firm. Resulted in award of fees in excess of $800,000 due to law firm client in underlying commercial litigation case, plus additional fees for pursuit of fee claim and on defense of Counterclaim, totaling in excess of $750,000, pursuant to prevailing party fee provision in retainer agreement
  • Successful defense of law firm in claim for negligence in guardianship proceedings and related sale of stock in closely held business, resulting in voluntary dismissal by plaintiff before jury selection at commencement of three week trial
  • Successfully defended large out-of-state law firm in claim alleging professional negligence associated with work on behalf of pension plan and IRS audit, and invalidation of plan based on use of springing cash value life insurance policy funding mechanism sold to client by insurer and financial planners; claimants voluntary dismissed case following receipt of summary judgment motion, and agreed to pay fees to law firm based on pending Motions for Sanctions Pursuant to Florida Statute 57.105
  • Successful pre-trial arbitration before retired circuit judge on legal malpractice claim against plaintiffs employment lawyer in connection with discrimination and sexual harassment case
  • Summary judgment in legal malpractice case by prisoner over settlement of injury claim against jailers
  • Successful defense of South Florida tax lawyer, winning summary judgment on claim of legal malpractice and fraud in connection with alleged loss of $1.8 million in off-shore annuity investment
  • Successful defense of major South Florida law firm in two-week jury trial involving bankruptcy trustee auction and sale and resulting claim for over $1 million in damages awarded trustee against law firm’s former client, collected substantial fee award based on Offer of Judgment
  • Successful defense of psychiatrist for alleged malpractice in two week jury trial involving proper admission protocols for schizophrenic patient injured after leaving emergency room
  • Successful defense of neurosurgeon in jury trial for malpractice, based on statute of limitations and alleged oral tolling agreement
Commercial Litigation
  • Won summary judgment in Orlando Complex Business Court Division on claims of malicious prosecution, tortious interference with business relationships and conspiracy against corporation and its principals based on unsuccessful criminal prosecution following insurance fraud investigation, with damages alleged to be in excess of $20 million, and after court granted claimants leave to amend complaint to seek punitive damages.  Total Fleet Solutions v. National Insurance Crime Bureau, Orange County Circuit Court Case No. 08-CA-33848-O, Summary Judgment Affirmed, 101 So. 3d 856 (Fla. 5th DCA 2012). View related court documents:
  • Successful defense of lender liability claim against original lender during foreclosure proceedings initiated by successor bank on loans totaling over $68 million in Seminole County
  • Successful defense of physician practice management group, assuming lead counsel responsibility two weeks before trial in major 12 year old commercial contract and business tort claims dispute, with partial summary judgment entered against client on one of three counts, jury verdict rendered for approximately $1.3 million plus fourteen years interest and attorneys’ fees pursuant to contract. Verdict reversed in trial court with post trial directed verdict for Defendant, final judgment in favor of Defendant and Order granting fees and costs to the defense. On appeal won  per curiam affirmance of post-trial directed verdict. Community Health Related Services, Inc. v. EMSA Limited Partnership, 955 So.2d 579 (3d DCA 2007)
  • Successful enforcement of trademark rights for major U.S. toy manufacturer under Lanham Act, resulting in preliminary injunction against retailer selling defective goods acquired after they were slated for destruction
Insurance Coverage
  • Successful pro bono representation of a dependent minor obtaining post-mortem invalidation of life insurance beneficiary designation by estranged parent and award of life insurance benefits to surviving minor dependent
  • Successfully defeated effort to enter judgment for $265 million against foreign insurer following default judgment against insured in wrongful death product liability case
  • Lead appellate counsel in Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300 (4th DCA 1995), widely cited decision establishing distinction between insurance policy requirement of examinations under oath, and depositions, resulting in forfeiture of claim based on insured’s failure to appear at an EUO
  • Successful defense of several business and homeowners arson cases in U.S. District Court, Southern District of Florida, and in state circuit courts in South Florida in several jury trials, and by summary judgment
  • Successful and prompt resolution at early mediation of insurance coverage dispute over property damage claim in excess of $18 million following Hurricane Andrew for major mixed-use commercial property in South Dade County
  • Successful defense at jury trial in U.S. District Court of coverage claim involving collapse of condominium buildings alleged to be caused by sinkholes with damages in excess of $2 million
  • Successful defense of multi-million dollar claims by accountant and accounting firm following arson fire, resulting in summary judgment for insurer after federal conviction of the insured
  • Successful defense of automobile uninsured motorist claim in U.S. District Court, affirmed on appeal.  Erie Insurance Exchange v. Dunn, 56 F.23d 1390 (11th Cir. 1995)
Appeals

Mr. Keller’s cases resulting in published appellate decisions include:

  • ARI Mut. Ins. Co. v. Hogen, 734 So. 2d 574 (Fla. 3d DCA 1999)
  • Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300 (4th DCA 1995)
  • Sembric v. Allstate Ins. Co., 434 So. 2d 963 (Fla. 4th DCA 1983)
  • Sparacino v. Laganiere, 429 So. 2d 1299 (Fla. 4th DCA 1983)