Crabtree & Auslander has handled numerous significant appellate cases, including the following.
Cases Before the Supreme Court of the United States
- Brandt, et al. v. Federal Deposit Insurance Corporation, et al.
In this banking case, Mr. Crabtree drafted the petition for certiorari, which the Supreme Court granted. It then summarily vacated the court of appeals’ decision and remanded the case for further proceedings.
- Adams, et al. v. Florida Power and Light.
Crabtree was lead appellate counsel of record in this employment discrimination class action before the Supreme Court. On appeal, Mr. Crabtree wrote not only the petition for certiorari, which was granted, but also the merits briefing. The case drew national attention when, on March 20, 2002, he argued the merits of the appeal before the Court in Washington, D.C.
- Smith v. Jackson
Mr. Crabtree presented a novel textual argument in an amicus brief in this employment case—an argument Justice Stevens used in footnotes 6 and 7.
Class Action Litigation
- Consolidated Industries Product Defect Litigation.
The firm was engaged in a 14-year-long national product liability class action litigation that involved over a million class members and was litigated in Indiana state court, in federal bankruptcy and district courts, and in the United States Court of Appeals for the Seventh Circuit. Crabtree & Associates was lead counsel for the million-person class and obtained a favorable settlement after nearly a decade and a half of litigation.
- Labor Ready Check Cashing Litigation.
The firm represented a class of day laborers who brought a federal class action against one of the country’s largest day-labor companies for an alleged illegal check-cashing scheme. The case resulted in a settlement in favor of the low-wage workers who used the check-cashing service.
- Tampa Service Company v. Hartigan
966 So. 2d 465, 466-67 (Fla. 4th DCA 2007). The firm handled successful appellate representation regarding a class certification order that allowed the litigation of a class action suit against a labor pool company engaging in allegedly prohibited employment practices.
Complex Commercial Litigation and Personal Injury
- Acevedo v. Florida Health Speciality Medical Center.
The firm provided successful appellant representation for an employer medical center by persuading the appellate court that a general master’s report in a breach of employment contract lawsuit properly denied the appellant-doctor’s claim for attorney’s fees under Florida frivolous lawsuit statute.
- The “Two Forgotten Children” Case (Two Forgotten Children v. Department of Health & Rehabilitative Services).
The firm was engaged by the State of Florida as special appellate counsel in a child welfare case of national interest in response to a “celebrated circuit court damage action”[Christina A. Zawisza, Child Welfare Managed Care in Florida: Will It Be Innovation or Abdication?, 25 Nova L. Rev. 619, 628 (2001)] that levied a $4.4 million jury award against the Department of Children and Families. The firm’s appellate representation resulted in the judgment being vacated and remanded with instructions that each child’s damages be capped at $100,000 from the state’s Department of Health and Rehabilitative Services.
- Bustamante, et al. v. George W. Butler, III.
The firm handled the successful post-trial briefing and appeal that resulted in a per curium affirmance of the $14 million personal injury judgment in favor of appellees, who were permanently maimed, and had two family children killed in a tragic automobile accident caused by the drunk driving insured.
- Gobbi v. Mamann.
The firm represented one of the world’s leading art collectors in a multi-million dollar real estate dispute at both the trial and appellate levels, which ultimately led to settlement.
Complex Family Law Cases
- Crabtree & Auslander represented a husband before the Fourth District Court of Appeal in an action involving a nine-figure marital estate. The firm successfully reversed a trial court order calling for the client to make a 7.6 million dollar interim marital asset distribution.
- The firm was co-counsel in the the trial court and represented the husband on appeal in the Third District Court of Appeal in a nine-figure dissolution of marriage case that turned on the enforceability of a pre-nuptiual agreement,
- The firm represented a Spanish husband in an international custody appeal concerning his U.S.-citizen children living in Turkey with his Turkish former wife. The firm represented the husband in a successful appeal in the Third District Court of Appeal, which forced the wife to abide by the parties’ marital settlement agreement provision concerning the children’s international schooling in Turkey.
- Crabtree & Auslander handled the successful appellate representation of a husband that freed him from jail for contempt pending appeal, and then successfully argued for the reversal of the contempt order on grounds that it improperly imputed to the husband his sisters’ ability to pay the contempt purge while ignoring his own ability to pay it.
- The firm represented the wife in protracted post-dissolution litigation occurring before the trial and appellate courts that focused upon the husband’s incomplete financial disclosure before, during, and after trial. The case culminated in a Third District Court of Appeal opinion forcing the husband to account for, and the court to distribute, previously undisclosed amounts to the wife tallied from the millions of dollars of enhanced value of the husband’s non-marital estate the husband failed to properly disclose.