Commercial Litigation, Bankruptcy & Appeals

Attorneys in the Commercial Litigation, Bankruptcy & Appeals Practice Group provide clients with a wide variety of civil litigation services, including trial and appellate representation of defendants or plaintiffs in general business litigation, civil rights litigation, commercial litigation, construction litigation, construction lien law, bankruptcy law, foreclosures, collections, labor and employment litigation, medical malpractice, and automobile dealership representation.

Representing governmental entities, individuals, for-profit and not-for-profit corporations and bankruptcy trustees, the attorneys in this Practice Group have extensive civil litigation and trial experience in both state and federal courts.  The Commercial Litigation, Bankruptcy & Appeals Group works closely with our other Practice Groups on issues of litigation prevention and risk management.

One area of specific concentration includes the representation of clients in the areas of insurance defense, insurance coverage, PIP defense and personal injury defense matters, regularly appearing in the state and federal courts in Florida against or on behalf of insurance companies, self-insured entities and insureds. This general practice area includes such diverse types of litigation as owners and contractors protective liability; owners, landlords and tenants coverage; bailor/bailee; premise liability; security; commercial liability; defamation; privacy; and property damage cases. These attorneys are also involved in litigating coverage issues that arise from homeowners, personal auto, commercial auto, CGL, D&O, E&O, professional liability, municipal, garage, EPL, excess and other policy types. They routinely provide advice and representation on first and third party insurance coverage issues, umbrella policies and primary and excess coverage policy issues.

Attorneys in this Practice Group are also experienced trial lawyers in the area of assessment, mortgage and lien foreclosure litigation, representing clients in multimillion dollar loan foreclosures and workout of distressed commercial properties, including hotels, condominiums, shopping centers, office buildings, recreational facilities, unimproved and improved land, and planned unit developments. Client services are performed regularly for financial institutions, real estate investment trusts and insurance companies.

Architectural, engineering and construction defect litigation is another specialized area in which members of the Commercial Litigation & Appeals Practice Group concentrate. These attorneys understand the relationship between the construction professionals and their respective responsibilities and regularly represent owners, developers, community associations, general contractors, construction managers, subcontractors, and design professionals. Members of this Practice Group aggressively seek to identify key issues early in order to develop a strategy through negotiation, arbitration and/or trial proceedings.

Attorneys in this Practice Group also provide counsel on discrimination, employment claims including age, sex, race, and religion, disability claims under the Americans with Disabilities Act and Section 1983 civil rights claims and represent clients before the Federal Equal Opportunity Commission and various state agencies.

There are two reasons you might find yourself in need of an appellate lawyer.  First, no matter how well a case is presented to a trial court, the trial court sometimes makes a mistake, and you need to seek a reversal of the trial court’s decision.  Second, you win in the trial court, and the other side appeals.  In either event, the appellate law team at Sachs Sax Caplan P.L. is prepared to represent you.

The lawyers at Sachs Sax Caplan P.L. recognize that appellate law calls upon a different set of specialized skills from those of the trial lawyer.  First and foremost, a successful appeal requires excellent written briefs.  Our appellate lawyers’ proficiency in writing enables them to serve our clients when our clients are forced to participate in an appeal.  They are also available to work closely with you and your trial counsel at any stage of the process to prepare for the possibility of an appeal.

Attorneys in the Bankruptcy Division of the Practice Group have extensive experience in bankruptcy litigation, primarily on behalf of creditors and third parties who are parties to adversary proceedings in the United States Bankruptcy Courts.  The attorneys handle corporate Chapter 11 reorganizations and relief from stay proceedings in all Chapters under the Bankruptcy Code.  Our attorneys provide creditors with clear and concise evaluations of Bankruptcy Code treatment of both secured and unsecured claims and keep the creditor client aware of available rights and remedies under the Bankruptcy Code.  The attorneys are experienced in handling state court Assignments for Benefit of Creditors, at times being a preferred avenue for a corporate liquidation as well as representation of Bankruptcy Trustees and creditor committees.

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