Joseph N. Tucker

A well-respected horse trainer in south Florida sold a sport horse. The buyer claimed the horse had an undisclosed condition resulting in the failure to perform for the intended use.  After minimal discovery and motion practice, Dinsmore obtained dismissal of the lawsuit for its client.

We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of insurance company’s decision not to pay benefits under an occupational accident insurance policy. The case was removed to federal court and summary judgment was granted in favor of the insurance company.

We represented a company in a matter where the insurance company refused to defend or indemnify our client in a third-party law-suit arising out of our client’s business operations. We brought claims in federal court for breach of insurance contract and bad faith. The case was resolved prior to mediation for all possible damages awardable under the insurance contract, including attorneys’ fee, costs and interest.

We represented the Defendant's insurer in a suit for $10,000 against a cereal manufacturer for Plaintiff's broken tooth due to an alleged foreign object in the cereal.  The case was settled prior to mediation.

Plaintiff filed suit against our client, general contractor, seeking $1 million for defects in Plaintiff's home related to the use of synthetic stucco (EIFS) material.  Dinsmore & Shohl negotiated settlement with the homeowners on the general contractor's behalf and prosecuted third-party claims against the EIFS product manufacturer.

Plaintiff filed suit against our client, a general contractor, seeking $1,000,000 for defects in Plaintiffs' home related to the use of synthetic stucco (EIFS) material.  Dinsmore & Shohl obtained dismissal in favor of the general contractor, individually, which was affirmed on appeal.

Plaintiff filed suit for $1,000,000 against our client, the general contractor, for defects in Plaintiff's home. The claim went through a week-long arbitration, settling favorably for the client before a verdict was rendered.

Plaintiff filed a class action lawsuit against our client, an insurance company, seeking coverage in excess of $75,000 for moisture intrusion damage due to defects in Plaintiff's home.  The case was removed to Federal court, was never certified as a class action and was eventually dismissed.

Plaintiff sued our client, a plastics manufacturer, for personal injury and product liability when a chair manufactured by the client broke.  The case was settled at mediation.

Our firm represented the Plaintiffs in two separate suits for fraud, each in the amount of $1,000,000, against a securities company related to investment in a start-up company.  Both cases were settled favorably prior to arbitration.

Plaintiffs filed a $200,000 suit against the general contractor, who in turn filed suit against our client, a window manufacturer, for alleged defects in the windows.  The case was settled after mediation.

An insurance benefits company acquired the assets of another company operating as third-party administrator. Shortly after acquisition, the third-party administrator was sued, along with the insurance benefits company for various breach of contract and tort claims. The matters at issue include successor liability, enforceability of arbitration clause and indemnification and indemnity claims.

We represented the Plaintiff homeowner in a suit for $200,000 against the general contractor and siding manufacturer for damages to the client's home.  The case was settled at mediation.

Our client, an industrial contractor and supplier, sued the subcontractor for non-payment of $75,000.  The case was settled before litigation was filed.