David Keller’s Significant Results

Legal and Professional Malpractice
  • After Keller Landsberg took over defense of a case from other counsel following adverse rulings permitting the addition of punitive damage claims, David Keller, along with partners Raymond Robin and Elizabeth Izquierdo, successfully defended a major law firm and one of its former lawyers against claims for conspiracy, negligent misrepresentation, aiding and abetting fraud, breach of contract and civil theft in a two week jury trial. After obtaining directed verdicts as to the individual plaintiff’s claims, and on the claims for civil theft and punitive damages against the law firm, the Keller Landsberg defense team obtained a defense verdict as to all of the remaining claims.
  • 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
  • Effected claim repair by drafting successful Motion for Order Vacating Dismissal of Subrogation Claim based on failure to prosecute, resurrecting case for large firm, negating professional liability claim, and preserving longstanding institutional client relationship for the law firm client
  • 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 two-week jury trial in February 2015 for breach of contract and conversion against marine repair facility involving dispute over yacht repair and assertion of mechanic’s lien by major yacht repair facility, appearing as lead trial counsel just before trial after seven years of litigation, and securing orders awarding attorneys’ fees in addition to damages awarded, in Miami-Dade County Circuit Court.
  • 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)
  • 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 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 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
  • One year before trial, Partners David Keller, Dena Sacharow, and Maria Vernace assumed the representation of an excess insurance carrier in a long-running insurance coverage dispute spanning a full decade. After a jury trial lasting over two weeks in Miami-Dade Circuit Court in September and October 2018, Keller Landsberg PA secured a defense verdict against an excess professional liability insurer, that was seeking to avoid and shift responsibility to our client, the prior excess insurer, for its share of a $10 Million settlement of a professional liability claim against a prominent mid-size Miami commercial litigation firm. The Plaintiff excess carrier employed a well-known, highly regarded jury consultant to assist before and during jury selection, and presented expert testimony from a nationally recognized authority on excess and surplus lines insurance coverage matters. The Keller Landsberg team and its client prevailed without the use of a jury consultant and without reliance on expert testimony. A confidential resolution was reached after the defense verdict and no appeal was taken
  • Successful 2015 two-week jury trial against marine insurer for breach of contract based on wrongful payment to repair vendor instead of insured before yacht repairs completed, and award of attorneys fee entitlement in seven-year dispute, appearing as lead trial counsel shortly before commencement of trial
  • 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.3d 1390 (11th Cir. 1995)

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)