Higer Lichter & Givner is a 15-attorney law firm based in Aventura, Florida, located between Miami and Ft. Lauderdale. The firm was founded in 2006 by Michael Higer, David Lichter and Joey Givner, all former partners at some of the region’s most prestigious firms and it has increased five fold in size despite the recent economic downturn. It provides a range of legal services including commercial litigation, class actions, intellectual property, cyber law, insurance, corporate, real estate and dispute resolution.
We have extensive experience in all aspects of litigation, including trial, arbitration and appeals. We are known for our success handling every type of dispute resolution, jury and non-jury trials in state and federal courts and in a variety of arbitration and administrative forums. Recognizing our talents, the courts have appointed us as receivers, special masters, special investigators and as guardians ad litem in a variety of cases.
Attorney Biographies:
Harrell v. South Kendall Construction and Banner Supply Co.
This case was the first Chinese drywall class action that was certified as a class action in the United States. The case alleged that a group of homeowners in Southern Florida had defective and toxic Chinese drywall installed in their homes which rendered their homes uninhabitable. The Court certified the homeowners as a class and the matter was settled for millions of dollars.
Arizmendi v. BankAtlantic
The firm is co-lead counsel in a class action alleging that BankAtlantic, formerly one of the largest regional banks in the state and now owned by BB&T, improperly manipulated and re-sequenced overdraft transactions to maximize its fees at the expense of its customers.
In Re-Checking Account Overdraft Litigation
The firm, along with co-counsel Trief & Olk and Cohn Lifland Pearlman Herrmann & Knopf LLP, filed one of the earliest complaints in this now multidistrict litigation pending against numerous banks, related to the banks’ reordering of debit card transactions to increase overdraft fees. The firm participated in a number of the cases, including those against Wachovia (now Wells Fargo), Citizens Bank (settled), PNC Bank (settled) JP Morgan Chase (settled) and Citizens Financial Group (settled).
The firm has also achieved success in a variety of other litigation matters. More recently, these include:
Investors v. George Timinsky and 405 S. Dixie Highway
The firm filed suit on behalf of a group of high profile South Florida investors, including notable names like former University of Miami Football Coach Dennis Erickson, former UM and NFL Quarterback Steve Walsh, WFOR-TV news anchor Eliott Rodriguez and Sun-Sentinel sports columnist Dave Hyde. After a trial in the Miami Dade County Business Court, they were awarded a total of $6.3 million in compensatory and punitive damages and attorney’s fees against George “Rod” Timinsky, a self proclaimed developer who defrauded the investors then skipped town with their money. Mr. Timinsky was indicted for bank fraud in connection with this scheme in July 2013.
Sowa v. Florida Power & Light
Ms. Sowa’s two sons were walking home from a convenience store when the oldest son, touched a power line that was dangling down from a tree in his pathway. He was electrocuted and his brother who came to his rescue was shocked. The Sowa family alleged that this incident occurred right in front of City Hall of the City of Cooper City even though concerned citizens had reported the downed power line to the City and even though the fire department had observed this power line hours earlier. The firm represented the Sowas in their wrongful death action against FP&L, Asplundh (a tree trimming contractor), and the City. On the eve of trial, all three defendants agreed to a substantial settlement in favor of the Sowas.
Quantachrome Corp. v. Micromeritics Instrument Corp.
Micromeritics and Quantachrome are competitors in the manufacture and sale of scientific instruments. The firm represented Quantachrome by instituting a lawsuit in federal district court seeking a declaratory judgment that Quantachrome is not infringing any valid claim of Micomeritics’ patents. At the conclusion of the trial, the court refused to consider critical prior art references that invalidated Micromeritics’ patents and entered judgment in favor of Micromeritics. On appeal, the Federal Circuit Court of Appeal reversed and held that the trial court must conduct a new trial in which it considers the prior art references that it had previously excluded. Based on these prior art references and additional references developed while the case was on appeal, the trial court entered judgment in favor of Quantachrome and invalidated the patents asserted by Micromeritics.
PADC v. Royal Palm Investors
PADC is a 12.5% investor in Royal Palm Investors which is the entity that controlled the ownership and operation of the Royal Palm Hotel. The Royal Palm Hotel is located in the heart of the booming Miami Beach Art Deco District, is one of Miami Beach’s highest quality and largest convention hotels and is one of the best located hotels in Miami Beach. Based on allegations of gross mismanagement by the controlling interest-holder, the firm represented PADC in its derivative action to take over control of the Royal Palm Hotel. After a trial in the Dade County business court, the trial court not only ruled in favor of PADC and thus placed it, a minority shareholder, in control of the Royal Palm Hotel, but also determined that the relief was retroactive and thus invalidated numerous actions by the majority interest-holder.
International Park v. Scottsdale Insurance Co.
Hurricane Irene caused substantial damage to International Park, which is a condominium complex consisting of two towers and 300 units. International Park made a claim to its insurance company who refused payment. After being unsuccessfully represented by several lawyers and after its claim lingered for a couple of years, International Park retained the firm to represent it. Although much of the evidence necessary to prove its claim had been lost and critical witnesses were no longer available to testify, the firm developed critical evidence to establish the severity of the damage to the roof structure and negated the insurance company’s primary defense that the damage to the roof was pre-existing. On the eve of trial, the insurance company agreed to a settlement in which it paid a substantial sum to International Park.