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A Motion to Intervene Was Not Required, Or Is It? The Mood Swings at the Eleventh Circuit.

Sitting by designation, Judge Moody decided that you can file a motion to dismiss when you’re the govt, without officially intervening.

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United States, et al. v. John McAvoy, et al., 20-10604 (11th Cir.)

Order Vacating 3-Panel Opinion

MAR 9, 2022 | REPUBLISHED BY LIT: MAR 10, 2022

Before  WILLIAM  PRYOR,  Chief  Judge,  WILSONJORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, LUCK, LAGOA, and BRASHER, Circuit Judges. BY THE COURT:

A judge of this Court having requested a poll on whether this appeal should be reheard en banc, and a majority of the judges of this Court in active service having voted in favor, the Court sua sponte ORDERS that this appeal will be reheard en banc. The panel’s opinion is VACATED.

United States, et al. v. John McAvoy, et al., 20-10604 (11th Cir.)

3-Panel Opinion authored by Judge Moody, Jr.

DEC 30, 2021 | REPUBLISHED BY LIT: MAR 10, 2022

Before ROSENBAUM, TJOFLAT, Circuit Judges, and MOODY,* District Judge.

MOODY, District Judge:

The False Claims Act (31 U.S.C. § 3729 et. seq.) allows a per- son, known as a Relator, to bring an action on behalf of the Gov- ernment to recover damages for making a false or fraudulent claim for payment from the United States (a qui tam action).

The Government, even after initially declining to intervene, may dismiss the suit over the Relator’s objection with notice and an opportunity for a hearing.

This appeal raises two issues:

(1) whether the Government must first formally intervene upon a showing of good cause prior to filing a motion to dismiss,

and

(2) what standard of review is the Court to use at the hearing.

* The Honorable James S. Moody, Jr., United States District Judge for the Middle District of Florida, sitting by designation.

Because we have previously determined that the Government does not have to formally intervene before filing a motion to settle a qui tam action, and because the reasoning is the same for dismissals, we hold that the Government does not have to formally intervene before moving to dismiss a qui tam case even though it had earlier declined to intervene.

And while the statute requires that a proposed settlement be “fair, adequate, and reasonable,” the statute is silent as to any such requirement for dismissals.

We therefore conclude that decisions to dismiss are within the province of the Executive Branch subject only to limits imposed by the Federal Rules of Civil Procedure, a statute, or the Constitution.

Here, when the Relators filed their initial complaint, the United States declined to intervene.

The Relators then filed an amended complaint adding additional defendants, some of which were Government employees in their individual and official capacities. The United States, upon further consideration, determined that the action should be dismissed. It then filed its motion to dis- miss without first filing a motion to intervene in the case.

Relators contended that the United States was not a party unless it first formally intervened “for good cause” under § 3730(3) and therefore had no standing to file a motion to dismiss. And, if the Court were to consider the Government’s motion, it should require the Government to show

(1) a valid government purpose for the dismissal

and

(2) a rational relation between the dismissal and accomplishing that purpose.

Then, if the Government were to satisfy this two-step test, the Relators acknowledged, to avoid dis- missal, they must then show that the motion was fraudulent, arbi- trary and capricious, or illegal. This is the framework adopted in the Ninth Circuit. See United States ex rel. Sequoia Orange Co. v. Baird-Neece Packing Corp., 151 F.3d 1139, 1145 (9th Cir. 1998).

The District Court followed our earlier decision in United States v. Everglades College, Inc., 855 F.3d 1279 (11th Cir. 2019), and concluded that the United States was not required to move to intervene before filing a motion to dismiss.

The Court entered judgment dismissing the case. The Relators appealed. We have jurisdiction under 28 U.S.C. § 1291.

The False Claims Act provides in pertinent part:

(c) Rights of the parties to qui tam actions.

(1) If the Government proceeds with the action, it shall have the primary responsibility for prose- cuting the action, and shall not be bound by an action of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2).

(2)(A) The Government may dismiss the ac- tion notwithstanding the objections of the per- son initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.

(B) The Government may settle the action with the defendant notwithstanding the objec- tions of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon showing good cause, such a hearing may be held in camera. 31 USCA § 3730(c)(1) and (2)(A) and (B).

The statute is silent con- cerning whether the Government must formally intervene before filing a motion to dismiss and does not inform the court what standard the Government must meet to obtain a dismissal.

Our sister circuits vary in their approaches to these questions1 (but the ultimate results seem to be the same).

We have previously addressed this issue in the context of a motion by the Government to approve a settlement. The reasoning applies as well to dismissals:

We hold that, in this case, the United States did not need to satisfy the good-cause intervention requirement for qui tam actions under 31 U.S.C.§ 3730(c)(3) because that subsection applies only when the government intervenes for the purpose of actually proceeding with the litigation—not when it is stepping in only for the purpose of settling and ending the case.

Because intervention was not required, we need not concern ourselves with whether the requirements of § 3730(c)(3), which addresses late intervention by the government for the purpose of continuing the litigation, have been met.

1 For a review of the various positions taken on these issues, see United States ex rel. Health Choice All. LLC v. Eli Lilly & Co., No. 19-40906, 2021WL 2821116 (5th Cir. July 7, 2021); Polansky v. Exec. Health Res. Inc., No. 19-3810, 2021 WL 4999092 (3d Cir. Oct. 28, 2021).

A straightforward reading of the text supports this conclusion. First, subsection (b)(2) expressly links intervention to the government’s decision to “proceed with the action.” § 3730(b)(2) (“The Government may elect to intervene and proceed with the action….” (emphasis added)).

Second, in subsections (c)(2)(A) and (B), the statute spells out the circumstances in which the government may settle or dismiss a qui tam case, and neither subsection conditions the government’s rights on formally intervening in the case.

Instead, they provide in unequivocal terms that “the Government may settle

[or dismiss] the action with the defendant notwithstanding the objections of the person initiating the action.” § 3730(c)(2)(A), (B). (emphasis added).

In the context of dismissals, the court need only “provide[ ] the [relator] with an opportunity for a hearing,” § 3730(c)(2)(A); and with settlements, the court must “determine, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances,” § 3730(c)(2)(B).

We decline to import the good-cause intervention requirement from sub- section (c)(3) into these provisions which specifically govern dismissals and settlements.

Everglades College, Inc., 855 F.3d at 1285–1286 (footnotes omitted).

As we said in Everglades, when the Government moves to dismiss an action after having declined to intervene, it need provide the Relator only notice and a hearing. After all, it is the Government’s claim and the Government’s damages. The decision to dismiss the case for the Government’s damages lies within the prosecutorial discretion of the Executive Branch.

That is not to say the Government’s authority is boundless. The decision to dismiss must not be based on a constitutionally impermissible standard such as race, religion, other arbitrary classification, or vindictiveness.

Bordenkircher v. Hayes, 434 U.S. 357, 98 S. Ct. 663, 54 L. Ed. 2d 604 (1978); Wayte v. United States, 470 U.S. 598, 608, 105 S. Ct. 1524, 1531, 84 L. Ed. 2d 547 (1985) (“As we have noted in a slightly different context, however, although prosecutorial discretion is broad, it is not unfettered. …[T]he decision to prosecute may not be deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification, in- cluding the exercise of protected statutory and constitutional rights.”) (internal citations omitted).

Once the Government has placed its motion before the Court, it must exercise its executive authority in accordance with the Federal Rules of Civil Procedure (41 and 11), other applicable statutes, and the Constitution. It may not violate either the Equal Protection or the Due Process Clause.

As the Seventh Circuit2 noted, these are generous limits that would be breached rarely if ever. United States ex rel. Cimznhca, L.L.C. v. UCB, Inc., 970 F.3d 835, 852 (7th Cir. 2020).

2 The Seventh Circuit concluded the Government must intervene before filing a motion to dismiss, but the motion to dismiss may be construed as both a motion to intervene and dismiss.

In effect, then, a district court’s order denying a motion to dismiss would be tantamount to denying a motion to intervene.

This solves the issue, it says, of whether the denial of a motion to dismiss is an appealable collateral order.

That issue is not before us and we do not reach it.

In any event, the Seventh Circuit held the appropriate standard of review for the hearing is that required by Federal Rule of Civil Procedure 41 “and any applicable background constraints on executive conduct in general.”

Cimznhca, L.L.C., Inc., 970 F.3d at 849.

Accordingly, where the government’s conduct does not bump up against the Rules, the statute, or the Constitution, the notice and hearing under § 3730(c)(2)(A) serve no great purpose.

But that will not be true in every case.

Our reading of § 3730(c)(2)(A) does not render its process futile as a general matter.

Rather, this particular relator simply had no substantive case to make at the hearing to which the statute entitled it.

Whenever a party has the right to invoke the court’s aid, it has the obligation to do so with at least a non-frivolous expectation of relief under the governing substantive law. Fed. R. Civ. P. 11(b).

That is not always possible, but that does not make the right meaningless.
Cimznhca, L.L.C., 970 F.3d at 853.

The Relators in this case argue that the Government failed to meet even this low bar.

They contend the dismissal was an abuse of executive power because it was based not on the merits of the case, but because of its alleged animosity to the individual Relators.

This contention was rejected by the District Court.

It determined that the Government offered multiple valid reasons to dismiss the case, including, among others, that it did not believe it had been damaged and that it was concerned that the action could damage diplomatic relations with Honduras.

We agree with the District Court.

The decision of the District Court is AFFIRMED.

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Bankers

Mortgage Servicer PHH Ocwen: Scammin’ Homeowners Since 2008, with Government and Judicial Approval

The mortgage servicing industry constantly refuses, misallocates or has some other reason for not crediting customers mortgages with the payment to induce foreclosure.

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News 6, DEO save 72-year-old Titusville woman from foreclosure in home assistance glitch

‘This just made our Christmas,’ woman’s daughter says

DEC 13, 2022 | REPUBLISHED BY LIT: DEC 14, 2022

This known scheme to defraud citizens of their home and put them into foreclosure prematurely has been endorsed by the judiciary and government to aid the theft of affordable housing for the benefit of Wall St.

TITUSVILLE, Fla. – A 72-year-old Titusville woman and her daughter found themselves on the brink of foreclosure after Homeowner Assistance Funds issued by the Department of Economic Opportunity went missing.

Nilda Molina and her daughter, Millie Aguirre, contacted News 6 and Make Ends Meet after their mortgage company, NewRez C/O PHH Mortgage Services, issued a foreclosure notice the day before Thanksgiving.

“Not a single payment has been received by the mortgage company,”

Aguirre told News 6.

“I’m nervous, I feel like I’m worse off now (than) before I entered the program.”

Molina has lived in her Titusville home for nearly 30 years, and according to documents obtained by News 6, was approved for mortgage and utility funds for 18 months on July 13, 2022.

Aguirre said the DEO indicated the payments had been issued, but according to the mortgage company, the funds were never deposited into Mrs. Molina’s account.

The DEO confirmation letter said the payments “will be made directly to your service provider and may process at different times.”

News 6 contacted the DEO and a representative got to work immediately.

The money, all 6 months of missing mortgage payments, were issued Monday.

In an email to News 6, her daughter wrote in part,

“We got results. Thank you! Thank you! Thank you! We could not have gotten this done without you. This just made our Christmas.”

During our interview, Aguirre said she and her mother felt News 6 would have the answer.

“The first thing we thought was we should come to Getting Results on Channel 6 and see if they could help us,”

Aguirre said.

“Here you are and I thank you so much for that.”

In a statement to News 6, DEO Press Secretary Leigh McGowan said in part,

“If homeowners are not seeing their awarded Florida HAF funds applied to their mortgage account, we encourage Florida HAF recipients to review their Florida HAF award letter. All award letters are emailed to Florida HAF recipients when they are initially awarded assistance.”

Each award letter states the name of the company to which the payment will be made.

If the name of the company in the award letter differs from the name of the company their mortgage payments are regularly sent to each month, the best course of action for Florida HAF recipients is to contact the Florida Homeowner Assistance Fund Customer Assistance Center for assistance at 833-987-8997, Monday through Thursday from 9 a.m. to 6 p.m., Friday from 8 a.m. to 4 p.m., and Saturday from 9 a.m. to 1 p.m.

LIF Comment: More information about  homeowner assistance in states outside Florida (nationwide) is available on CFPB’s website.

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Editors Choice

A Message for Felon Francis Santa: We Cannot Be Bribed. Stop the Harassment

Once a person has been convicted of a felony, he or she can be considered a felon for life, according to the strict meaning of the word.

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Dear Santa…..

DEC. 12., 2022

We’ve set aside your plethora of harassing emails and bribes for many months. Indeed, we have never contacted the ex-wife below, who is desperate to provide more unfavorable information about you, Francis “Frank” Santa.

But now your emails are becoming both incessant and threatening, which means we have to publish all the information for our own safety.

You are a convicted felon Francis “Frank” Santa. Considering your stalking behavior, that makes you a very dangerous and untrustworthy person.

We are stating in this public forum: cease and desist from your writings, threats and stop tryin’ to bribe us with “donations”  – which are not donations as they are based on LIF and LIT removing an article about you, which is based on the real truth, no bull.

And remember Francis Santa, you are the one who came charging at us with a takedown request for the Ringel’s, indicted in NYC.

In return, all we did was google you and your business to find out who we were dealin’ with.

That’s when we discovered the information about your criminal past, which was recovered from publicly accessible information.

LIF and LIT didn’t ‘destroy’ you Frank, you did that all by yourself.

May 17, 2022

your-name

Francis Santa

your-email

fs.businessimagelift@gmail.com

your-subject

I am coming hat in hand to you for help.

your-message

Dear Sir/Madam,

I am sincerely and humbly asking you for help. I do not know who I upset to find myself being personally punished on your website but there my be a good reason for which an apology on my part may be need.

If I have wronged someone there I am deeply sorry.

I am a spiritual person and have worked very hard to get to where I am in my life after having my world destroyed 11 years ago.

I have changed and I take responsibility for all my past issues, but more important to me now in life is that if I have done something to someone to offended them even without knowing why, I apologize and more forward.

Please contact me back by email or phone (305)967-3168 so I can make amends.

I do know who has so much dislike for me and took the time to hurt my wife, children and grandchildren and me and but I must have hurt them deeply for the posting to be put up about me.

Last, please understand I am not asking for sympathy or asking you to remove it.

If I have harmed someone in the last 6 years and I am wrong for something I personal did then I deserve it but also if I did nothing I don’t.

Again, please contact me and tell me what I have to do to make things right and discuses this.

Very Respectfully,

Francis

Jun 9, 2022

your-name

Francis Santa

your-email

franksanta054@yahoo.com

your-subject

Need your help

your-message

Dear Sir/Madam,

I sent an email to info@lawsinflorida.com and did not receive a response.

I really need your help, please see attached.

Multi_Upload

https://lawsinflorida.com/wp-content/uploads/wp_dndcf7_uploads/wpcf7-files/Francis-Santa-lawsinflorida.pdf

Jul 22, 2022

your-name

GINA PELLICCIO

your-email

deadmom1960@gmail.com

your-subject

Francis Frank Santa

your-message

I read with great interest your article on my former spouse – what you don’t know is that Mr. Santa is currently in arrears for child support in the amount of $196,000.

I can provide documentation for proof.

I find it quite amusing that this man cries poor mouth, continues to hide assets, resides in a gated community in Boca Raton and has started this bogus foundation.

Leopards do not change their spots –

You do realize he also spent 5 of a 15 year bid in NYS prison for a credit repair scam in which he stole 2.5 MILLION; was prosecuted by DA Morgenthau’s office and was ultimately released to the state of Florida for his parole and probation.

Probation doesn’t give a rat’s ass about what he is doing.

Child Support enforcement doesn’t give a rats ass and good luck trying to get in touch with someone.

I will never see that money he owes – – I can’t even get a life insurance policy on him – something he was to provide for his FIRST born – not the other children he has – one of which is a convicted counterfeitter.

https://www.wpbf.com/article/santa-arrested-in-nordstrom-parking-garage/1311487#

https://www.justice.gov/usao-mdfl/pr/delray-beach-man-sentenced-making-and-possessing-counterfeit-currency

I encourage LIF to contact me.

October 13, 2022

your-name

Francis Santa

your-email

f.michael@businessimagelift.com

your-subject

Need your help ( https://lawsinflorida.com/where-is-he-now-fraudster-francis-santa-was-sentenced-to-88-months-for-conspiracy/ )

your-message

I sent you an email many months ago.

I have put my life back together.

The past 11 years I have paid dearly for what happen.

My family has suffered the most because of the issue.

As for myself I feel that what I went threw changed me and made me a better person and took me off a bad path.

I am trying so hard to move on.

Your article about me is destroying my family.

Please contact me back to see if you can help me in some way to remove or de-index this.

I do understand that you spent a tremendous in research and time posting this.

I have no problem paying and administrative fees that you need.

I am coming to you with hat in hand for your help

Where Is He Now? Fraudster Francis Santa Was Sentenced to 88 Months for Conspiracy

Respectfully,

Francis

December 1, 2022

Donor Comment: I wanted to donate more and will each month when I have extra money.

December 1, 2022

Donor Comment: I would like to also advertise with you.

December 8, 2022

Subject:

francis santa where is he now

From:

the former mrs santa <deadmom1960@gmail.com>

Submitted on: Dec 8, 2022 at 20:26

your-name

the former mrs santa

your-email

deadmom1960@gmail.com

your-subject

francis santa where is he now

your-message

Homepage

ha ha now he is offering a scholarship???

lol scam people into giving money to his “foundation” that isn’t a 501c3 – so he can give it to “other” charities. Why don’t I just donate to them myself and get the tax write off?

are people that stupid?

December 8, 2022

your-name

FORMER MRS SANTA

your-email

DEADMOM1960@GMAIL.COM

your-subject

FRANCIS SANTA – WHERE ARE THEY NOW

your-message

YOU MIGHT ALSO BE INTERESTED IN KNOWING THAT IN ADDITIONAL TO THE HUNDREDS OF PEOPLE MR SANTA HAS SCAMMED – HE CURRENTLY OWES OVER 195000 IN BACK CHILD SUPPORT WHILST LIVING LARGE IN BOCA – HE HAS MADE HIMSELF UNTOUCHABLE SINCE NO ASSETS ARE IN HIS NAME.

ARE YOU ALSO AWARE THAT HE SERVED 5-15 IN NYS PRISON FOR A DEBT RELIEF SCAM?

December 12, 2022

 I am waiting patiently to talk to you regarding your posting on LIF.  I am being as respectful as I can at this time.

 I know you own the site along with LIT and you are responsible for the posting.

You have turned my life upside down for no reason.  The internet can be very cruel.

I have suffered enough with my family and you have put my life in danger.

I could understand if I did something wrong but that is not the case.

Please remove the posting or de-index it from the search engines.  I am not the only person you did this to for no reason.

 What I find interesting is that you are a media company helping people and you are also a company that destroys people.

Do your clients know this?

All I want is for you to remove the posting.

You have hurt me for more than 9 months.

I think that you made your point (whatever it was)

Donor Comment: Thank you

Boca man pleads guilty to conspiring to bribe bankers and fake financial documents

AUG 9, 2011 | REPUBLISHED BY LIT: APR 22, 2022

WEST PALM BEACH — The owner of a Boca Raton company pleaded guilty Wednesday to conspiring to bribe local bankers and falsify financial documents to secure more than $1.5 million in fraudulent small business loans and lines of credit.

Francis Santa admitted orchestrating what federal prosecutors have described as an unique form of fraud: enlisting corrupt bankers to approve business loans for clients with poor credit histories. Santa and his employees at Palm Beach Business Consultants attempted to push through more than $10 million in bogus loans and lines of credit since the firm opened in 2003, according to the U.S. Attorney’s Office.

After federal authorities caught on to Santa’s scheme, he began working with them and agreed to introduce an undercover FBI agent to the bankers. The sting culminated in January with the arrests of 15 people, including Santa, a Broward Schools assistant principal, a former Broward Sheriff’s investigative aide and seven Broward and Palm Beach bankers.

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• Continue to provide this website, content, resources, community and help center for free to the many homeowners, residents, Texans and as we’ve expanded, people nationwide who need access without a paywall or subscription.

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Florida

August 2022 List of Thievin’ and Lyin’ Attorneys In the State of Florida

The consistent theme for August 2022, and indeed most months, is Florida lawyers theft of client funds and settlement funds.

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August 1, 2022 Disciplinary Actions

AUG 1, 2022 | REPUBLISHED BY LIT: NOV 15, 2022

The Florida Supreme Court in recent court orders disciplined six attorneys, suspending three and disbarring three.

And LIF’s highlighted a few of these rogue attorneys before.

Timmy W. Cox, Sr., 7401 S.W. 16th St., Plantation,

suspended effective immediately following a July 13 court order.

(Admitted to practice: 2014)

Cox failed to respond to official Bar inquiries.

The Bar filed its Petition for Contempt and Order to Show Cause on April 29.

The Florida Supreme Court ordered Cox to show cause by May 18. Cox failed to file a response to the court’s Order to Show Cause.

(Case No: SC22-598)

James F. Feuerstein III, 22724 Stallion Dr., Sorrento,

disbarred effective immediately per a July 21 court order as Feuerstein is currently suspended for 91 days (by court order dated April 21).

(Admitted to practice: 1987)

Feuerstein failed to respond to official Bar inquiries in three separate Bar matters and failed to file a response to the Court’s Order to Show Cause.

(Case No: SC22-618)

Thievin’ from Your Own Mamma’s Estate

John Hadsall, 18198 3rd St. E., Redington Shores,

disbarred, effective 30 days following a July 7 court order.

(Admitted to practice: 1980)

Hadsall was found to have improperly transferred assets from the estate of his mother for personal use.

He failed to show by clear, satisfactory, and convincing evidence that he acted in good faith throughout the transactions and failed to show that his mother acted freely, intelligently, and voluntarily in gifting him funds from her accounts.

Hadsall subsequently attempted to render himself judgment proof to thwart the estate’s attempt to recoup the funds.

(Case No: SC21-1444)

Melanie L. Johnson, 4790 Longbow Dr., Titusville,

disbarred effective immediately following a July 14 court order.

(Admitted to practice: 2004)

Johnson misappropriated client funds.

In response to the Bar’s request for records needed to perform a compliance audit of her law office trust account, Johnson reconstructed her records and submitted records to the Bar that contained false and misleading information.

(Case No: SC21-1675)

Thievin’ from Clients, and Received a PPP Loan

Bradley Nephase Laurent, 8615 Commodity Circle, Suite 6, Orlando,

emergency suspended effective 30 days following a July 14 court order but to cease accepting new clients as of July 14.

(Admitted to practice: 2005)

Laurent misappropriated client funds from his law office trust account, some of which he repaid from the proceeds of a Paycheck Protection Program loan he obtained on behalf of his law firm for COVID-19 relief.

(Case No: SC22-851)

Thievin’ from Clients, and Lyin’ to the Bar

James Santos Wilkie, 1333 S. Ocean Blvd., Suite 1323, Pompano Beach,

emergency suspended effective immediately following a July 19 court order.

(Admitted to practice: 2013)

Wilkie misappropriated client settlement funds and made misrepresentations to the Bar during their investigation.

(Case No: SC22-911)

Meet James S. Wilkie – Managing Partner

James was originally born in North Miami Beach; however, due to his father being a United States Marine Corps Officer (Col. James R. Wilkie Ret.), he lived in dozens of places across the continental United States. James graduated from Collierville High School in Collierville, Tennessee, where he elected to remain and receive his Bachelor of Science in Education from the University of Memphis. While attending the U of M, he joined the prestigious fraternity Pi Kappa Phi. Furthermore, Mr. Wilkie went on to make the Dean and Presidents list through his undergraduate education. He was accepted to Thomas M. Cooley Law School in Lansing Michigan, where he placed in the top 4% of his class.

Wanting to be closer to his family in South Florida, he transferred to Nova Southeastern University Shepard Broad Law Center, where he graduated with his Doctorate of Juris Prudence in 2011. Mr. Wilkie attended the Nova Southeastern University Family Law Clinic, where he worked with both The Thomas Family Law Firm in Memphis Tennessee, and Legal Aid of Palm Beach County Florida. During law school, his concentration was Personal Injury, Criminal Defense, Family Law, Civil Litigation, and Dependency. He accepted a position with Katz & Katz, P.A. where he practiced a wide variety of law, including but not limited too; Plaintiff Personal Injury Protection Litigation, Personal Injury Plaintiff, Contract Actions, and Criminal Defense. Eventually in 2013, Mr. Wilkie opened the doors to The Wilkie Law Firm, P.A. practicing mainly Plaintiff Personal Injury and complex negligence cases. He remained the managing partner of The Wilkie Law Firm until his assentation to of counsel with Salpeter Gitkin, LLP through his now conjoined practice in 2018.

Mr. Wilkie has recovered millions of dollars for his clients and boasts a wide variety of trial experience in multiple areas of law. Mr. Wilkie values himself as a well versed civil litigation attorney utilizing his knowledge and extended experience to provide his clients with the most advantageous outcome. Having successfully co-counselled cases in Michigan, North Carolina, Tennessee and Mississippi, Mr. Wilkie’s wide variety of experience and aggressive nature continues to achieve leaps and bounds for his clients.

James is a long time Florida resident and enjoys golf, softball, basketball, fishing and spending time with his wife Crystal and his two daughters Amilia and Anessa.

Pedestrian and Bicycle Accident Injuries

If you have been struck by a motor vehicle while riding your bike or walking then it may be necessary to seek financial compensation for your injuries. Medical bills, lost wages from time off work, and other considerations can create serious complications for your life beyond the pain and suffering associated with your injuries.

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Car Accidents

If you have been hurt in a car accident, do not accept any settlement that is offered by an insurance company without first reviewing it with a skilled and experienced attorney who can advise you more thoroughly about your legal rights and options.

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Motorcycle Accidents

If you have suffered injuries in a motorcycle accident that was caused by another party’s negligence or recklessness, then you may be able to file a civil lawsuit seeking financial compensation for damages rather than simply relying upon an insurance claim to meet your needs.

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Truck Accidents

If you have been hurt in an automobile wreck involving a commercial truck then we can help you to explore the possible merits of legal action and to determine whether the driver, trucking company, truck manufacturer, or another third-party may be liable.

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Catastrophic Injuries

If you have suffered life-complicating injuries and would like to know more about the possible advantages of filing a civil lawsuit then you should consult with a skilled and experienced attorney about your case.

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Cruise Ship & Boating Accidents

If you have been hurt in an accident involving another person’s failure to properly operate, design, or maintain a watercraft then you might wish to consider filing a civil lawsuit seeking financial compensation for your injuries. You may be able to recover the resources that you need to address medical bills, boat repair costs, and other appropriate damages.

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Premises Liability

Premises Liability If you or your loved one has been hurt in an accident that occurred on another party’s property then you may be able to pursue financial compensation through a civil lawsuit. Medical bills, lost wages, pain and suffering, and other damages may be recoverable.

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Medical Malpractice

If you or your loved one has been the victim of a medical mistake and has experienced adverse health effects as a result, then you may wish to investigate the possibility of pursuing a medical malpractice claim. A successful lawsuit can gain you the resources that you need for present and future care and may also help you obtain financial compensation for other relevant damages.

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Products Liability

If you have been sickened or hurt by a dangerous product then you may be able to file a civil lawsuit seeking financial compensation for your injuries. A successful legal action might help you cover the costs of medical bills, lost wages, and other considerations appropriate to the specific details of your case.

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Personal Injury

If you have been hurt in an accident that was caused by someone else’s negligence or recklessness and are looking for a compassionate and committed legal representative, then we can help you fight to hold them accountable for the harm that you have suffered.

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Uninsured/Underinsured Motorist

If you have been in an automobile accident with an uninsured or underinsured motorist then it may be possible to pursue additional financial compensation through a civil lawsuit. A successful legal action might gain you the resources necessary to make up the gap between the policy maximum and the damages you have experienced.

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Wrongful Death

While prevailing in a wrongful death lawsuit against the person or entity responsible for your loved one’s death may seem like a hollow victory, the reality is that it may be the best or only way to ensure that you have the financial resources that you need to cope with the painful adjustments you must make.

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The Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 110,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.
Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

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