Jon W. Zeder
Of Counsel
Hall, Lamb and Hall, P.A.
2665 South Bayshore Drive
Penthouse One
Miami, Florida 33133
www.zederlaw.com


Telephone: 305.374.5030
Cell: 305.215.5655
Fax: 305.374.5033
E-mail: jzeder@hlhlawfirm.com

Should you desire additional information about Mr. Zeder's qualifications and experience in particular areas, please click on the subject areas below. Please also note that results in previous cases are not necessarily indicative of performance or results in future cases, regardless of how similar they may be.

 

ARBITRATION
Client: Prospective property seller (co-counsel with Miami law firm). Assisted primary counsel for contract purchaser in successful recovery of $2 million earnest money deposit on a $12 million purchase, achieving ruling from arbitrator in client’s favor on all issues.

Client: Connecticut-based general contractor. Handled arbitration over cost overruns and construction delays in connection with downtown Miami office building. Case settled on appeal.

Clients: Lloyd’s and London company Reinsurers (co-counsel with London law firm). Initiated and successfully settled claim against Florida-based cedent for wrongful submission of non-covered commercial vessel losses presented under a catastrophe excess-of-loss yacht treaty. (See description under “Reinsurance Disputes.”)
 
BREACH OF FIDUCIARY DUTY
Client: Insurance broker (co-counsel with California law firm). Put in plaintiff client’s “case-in-chief” during first two weeks of nine-week jury trial in state court in Montgomery County, Maryland, seeking to recover tens of millions of dollars for breach of contract and breach of fiduciary duty based on allegedly wrongful diversion and allocation of commissions on newly-issued or renewed insurance policies. Jury award of nominal damages reversed on appeal; retrial pending.
 
CIVIL THEFT AND CONVERSION
Client: Privately-held Italian manufacturing company (co-counsel with New York, Colorado, and Miami law firms). Brought in to assist in opposing motions for fees and sanctions against both the client and counsel, following a dismissal of all civil theft and conversion claims granted at the close of the plaintiff’s case in a just-completed trial in federal court. After assisting co-counsel in obtaining a reversal of the dismissal on appeal, served as lead trial counsel in the retrial of the multi-million dollar case. Case settled on favorable confidential terms following questions from the jury during deliberations on their verdict.
 
CLASS ACTIONS
Client: Auto insurer subsidiary of Fortune 100 company (co-counsel with New York law firm). Class action based upon use of allegedly inferior automotive aftermarket crash parts in the repair of damaged vehicles. Led resolution of attorneys fees issues as part of court-approved settlement.

Client: Major pharmaceutical manufacturer (co-counsel with California law firm). Served as local counsel over many years in federal multi-district antitrust litigation in the Southern District of Florida, brought by direct and indirect purchasers of pharmaceutical products based on allegedly unlawful agreement to delay sale of generic versions of the product. All major class claims resolved by settlement.

Client: Publicly-held state-wide community developer (co-counsel with Tampa law firm). Class certification denied, in action by property purchasers alleging misrepresentations and omissions as to waterfront nature of property.
 
EMERGENCY INJUNCTIVE RELIEF
Client: Major international developer, headquartered in Georgia. Obtained ex parte temporary injunction against institutional lender, based on attempted wrongful acceleration of $200 million balance due under a $325 million development loan secured by property in Orange County, Florida. Case settled on appeal, on confidential terms.

Client: State-owned South American copper company (co-counsel with New York law firm). Successfully obtained emergency ex parte orders freezing Miami bank account opened by employee who fraudulently diverted tens of millions of dollars from metals futures market accounts.

Clients: Publicly-held telecommunications and manufacturing companies, and affected employees. Successful handling of tortious interference, breach of contract, and conspiracy claims in connection with the termination of employment relationships and the hiring of employees from a competitor.
 
EMPLOYMENT DISCRIMINATION
Client: Fortune 100 company. Obtained dismissal at the close of plaintiff’s case in federal court jury trial, in an action by its terminated Miami division chief executive based on alleged violations of the Age Discrimination in Employment Act. Later oversaw the successful defense of a sexual harassment case against the same company, in which summary judgment was obtained in federal court and affirmed on appeal, following a rehearing en banc in the Eleventh Circuit Court of Appeals.

Client: Automobile dealership. Jury trial of federal court sexual harassment suit against local automobile dealership, followed by favorable settlement following verdict awarding nominal compensatory damages.
 
FRANCHISE LITIGATION
Client: Fast food franchisees. Defense of various actions by major South Florida fast food franchisor to terminate the franchisees, recover unpaid royalties and advertising contributions. With one exception, cases settled on favorable terms.

Client: First franchisee of new adult fast food concept. Claim against franchisor and its parent for breach of contract and negligent and intentional misrepresentations in the inducement of the contract. Jury verdict for plaintiff after three-week trial. Case settled on appeal, for verdict amount plus interest and attorneys fees.

Clients: Automobile manufacturer and automobile distributor, in dealer appointment and termination cases. Termination case settled by acceptance of termination; appointment case successfully prosecuted through administrative proceedings.
 
FRAUDULENT OVERBILLING
Client: Lloyd’s and London company insurers. Brought in to take over all pending actions in which London insurers had been represented by a South Florida attorney, and to investigate allegations of fraudulent overbilling by the attorney. All pending matters were successfully resolved to conclusion. The investigation into fraudulent overbilling resulted in a complaint to The Florida Bar, a federal grand jury indictment, trial and conviction of the attorney, a 5 ½-year prison term, and a restitution order to repay the insurers $1,000,000 on account of overbilled legal fees.
 
INSURANCE BAD FAITH
Client: Various Lloyd’s and London company insurers (co-counsel with New York law firm). Lead discovery and trial counsel in the successful defense of an insurance bad faith case claiming over $150 million in compensatory and punitive damages. Case settled following six-week jury trial in Fort Lauderdale, following jury verdict for the insurers on all but one claim, for only a small fraction of the alleged compensatory damages, less than one-third of the lowest amount demanded by plaintiff for settlement, and substantially below settlement amount previously offered by insurers.

Client: Major domestic insurer and its Florida subsidiary. Attended a number of mediations and counseled and negotiated for favorable settlements of substantial third party bad faith claims.
 
INSURANCE BROKER LIABILITY
Client: New York-based insurance broker (co-counsel with New York law firm). Defended claims based on alleged failure to properly place insurance coverage on an aircraft chartered to fly from Mexico City to Miami, which crashed on take-off, resulting in numerous deaths and injuries. Case settled on favorable terms, on the eve of trial.
 
INSURANCE COVERAGE DISPUTES
Clients: All ocean-front condominium associations at the John’s Island luxury residential community in Vero Beach, Florida. Sued property insurer for failure to pay full amount of covered hurricane losses. Settled case on eve of trial for $7.9 million, representing full recovery for provable unpaid covered losses, plus interest and attorneys fees.

Client: Lloyd’s and London company insurers (working with London counsel). Represented insurers in defense of a constructive total loss claim under an insurance policy covering a 205-feet luxury yacht insured for $50 million. Case settled after successful subrogation claim settlement against manufacturer of components of hydraulic stabilizer system, which failed and caused engine room fire.
 
MASS TORT
Client: Building materials manufacturer. Counsel in many hundreds of cases in South Florida in the early years of the asbestos litigation, until the manufacturer joined an asbestos defense consortium. Subsequently represented the manufacturer in the defense of certain claims for punitive damages not covered by insurance.
 
MEDIATION
As Mediator: Certified Mediator in the United States District Court for the Southern District of Florida, and certified as a Circuit Mediator by the Supreme Court of Florida. Also has served as a court appointed mediator of preference claims in bankruptcy reorganization cases.

Client: Major non-profit South Florida business organization. Engaged in series of mediations seeking to recover for losses suffered in connection with internal misappropriation of funds, contributing to settlements resulting in recovery of almost 75% of total losses.

Client: Lloyd’s and London company reinsurers. After favorable summary judgment obtained in trial court, finally settled through mediation in Eleventh Circuit Court of Appeals.

Client: Sixteen ocean-front condominium associations. After unsuccessful mediation and federal court-ordered settlement conference before the Magistrate Judge, successfully settled hurricane damage claims at a final court-ordered mediation, within two weeks of trial date.

Others: Have engaged in numerous mediations on a continuing basis over many years, in all kinds of substantial commercial disputes and litigation pending in state and federal courts in South Florida and elsewhere, ranging in time from a few hours to five or six days over two separate sessions in Europe. Many settlements achieved, either during or as a direct result of the mediations, and many cases resulted in an impasse.
 
ORAL JOINT VENTURE
Client: Major Scandinavian shipping company. Brought in to serve as lead trial counsel in defense of claim for tens of millions of dollars for alleged fraudulent inducement and breach of oral joint venture agreement to provide funding and cruise ships for a new cruise line. After a four-week jury trial and $6 million verdict for plaintiff, verdict set aside and motion for new trial granted. On appeal and cross-appeal, new trial order was affirmed and trial court was directed to enter judgment for defendant.
 
PRODUCTS LIABILITY
Client: Major aircraft manufacturer (co-counsel with Seattle law firm). Defense of claim based on alleged design defects in water thrust augmentation system on four-engine cargo jet which crashed on take-off from Santa Cruz, Bolivia, resulting in the deaths of the crew and the deaths or serious injuries of approximately 140 persons on the ground. Not guilty verdict entered for the airplane manufacturer following a three-week jury trial in federal court in Miami.

Client: German roofing manufacturer (co-counsel with Cleveland law firm). Lead counsel in defense of claims for wrongful death and personal injuries to workers applying single-ply roofing membrane which allegedly gave off toxic fumes during the application process. Case settled following extensive depositions in Germany.

Client: Japanese motorcycle manufacturer (co-counsel with California law firm). Claim for permanent brain damage suffered because of crash of police motorcycle allegedly caused by high speed instability resulting from defective design of product. Case settled during discovery.

Client: Building materials manufacturer. Obtained summary judgment (affirmed on appeal) in favor of manufacturer of allegedly defective two-ply roofing system applied on roof of manufacturing plant in Tampa, based on statute of limitations.
 
PROFESSIONAL LIABILITY
Client: Major non-profit South Florida business organization. Conducted investigation of employee misappropriation of approximately $1.9 million over a multi-year period, and led subsequent recovery of almost $1.4 million from the persons responsible, working with top client leadership.
 
REAL ESTATE DISPUTES
Client: Major Chicago-based real estate investment and development firm. Successfully tried two cases involving claims in South Florida, one for alleged breach of contract in connection with the purchase and sale of a shopping center, the other a dispute with regard to a condominium project. Three-week jury trial in the former resulted in a verdict well below previous settlement offers; not guilty federal court jury verdict in the latter.

Client: Swiss investor (co-counsel with California law firm). Fraudulent inducement claim involving purchases of real estate parcels in Martin County, Florida, settled during jury selection.

Client: Publicly-held computer manufacturer. Not guilty verdict obtained in fraudulent inducement and breach of contract claim for over $90 million in compensatory and punitive damages, following two-week jury trial in Fort Lauderdale. Affirmed on appeal.
 
REINSURANCE DISPUTES
Clients: Lloyd’s and London company reinsurers (co-counsel with London law firm). Claim by a South Florida insurance company against its London reinsurers under two catastrophe excess-of-loss treaties. Judgment entered in favor of reinsurers following a non-jury trial; affirmed on appeal. Subsequent arbitration claim and parallel litigation brought by client reinsurers based on other non-covered commercial vessel losses previously paid under the treaties to the reassured, resulting in settlement that achieved full recovery of all prior losses, plus interest.

Client: German reinsurers (co-counsel with New York law firm). Obtained summary judgment in federal court in favor of reinsurers, in action claiming tens of millions of dollars allegedly suffered by Florida affiliate of multi-national insurance group, based on defamation, wrongful termination, and conspiracy claims.
 
SECURITIES LITIGATION
Clients: South American investors. Favorably settled claim against major brokerage firm for wrongful “churning” of discretionary trading accounts.
 
SPECIAL MASTER
Appointed Special Master by United States Magistrate Judge. Selected by counsel for both sides, with court approval, to serve as Special Master in key depositions in litigation between two family members over approximately $2 billion in proceeds from sale of company.
 
TRADE DRESS INFRINGEMENT
Client: Major pharmaceutical company (co-counsel with New York law firm). Preliminary injunction successfully obtained, later converted to permanent injunction. Subsequent action for contempt successfully recovered profits earned from wrongful violation of permanent injunction, plus fees and costs.
 
WRONGFUL DEATH
Client: Operator of high-speed motorboat, for London insurers. The boat in question ran into another vessel on the intracoastal waterway in Fort Lauderdale, resulting in the deaths of all six persons aboard the other vessel. Case settled for policy limits in early stages. (See additional wrongful death cases above, under “Products Liability.”)