Efrain Carlos Partner

     

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Efrain Carlos, with nearly 20 years of proven litigation and trial experience, provides clients with sound legal advice and innovative business solutions. Efrain handles a diverse array of cases in Florida and in many other state and federal jurisdictions throughout the United States, including the defense of premises liability, product liability, toxic tort, professional liability, legal and accountant malpractice, engineering and architect malpractice, and commercial matters. Efrain has defended bad faith claims, complex insurance disputes and appellate issues in connection with all of his areas of concentration.

Clients often retain Efrain for his extensive litigation experience and ability to deliver results in and out of the courtroom. He takes pride in keeping clients well informed on the status of each case and providing cost-effective legal representation.

Efrain also has in-depth experience defending admiralty and maritime claims under the Longshore and Harbor Workers’ Compensation Act, and Defense Base Act (DBA) claims as extended by the LHWCA, passenger and crew claims, marine insurance disputes, salvage claims, vessel collisions and groundings, navigation/ piloting errors, cargo damage claims, bills of lading disputes, marine subrogation & recovery, marina and shipyard owners’ liability, Death on the High Seas Act and Limitation of Liability actions. As a licensed sailing captain, Efrain is highly familiar with the inner workings of vessels and the USCG protocols needed to safely operate vessels. Efrain works closely with marine surveyors and marine experts to ensure each client’s interests are well protected during all phases of pre-suit and litigation with the goal of providing cost-effective legal representation to clients.

Before launching his career, Efrain was a law clerk to Chief Magistrate Judge Stephen T. Brown, United States District Court, Southern District of Florida, and to Judge Nancy J. Pollock, Eleventh Judicial Circuit, Miami-Dade County. He also was a special agent intern in the Miami Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Representative Matters

Routinely handles and defends Lloyd's of London Syndicates in several practice areas: marine/admiralty, premises liability and professional liability.

Defends and successfully settles DBA claims on behalf of Employer/Carriers at the Office of Workers' Compensation Programs, Office of Administrative Law Judges and the Benefits Review Board.

Defends E&O and D&O disputes, and provides coverage opinions to insurers regarding same.

Defends professional liability claims involving attorney or accounting malpractice claims.

Obtained a summary judgment decision in a DBA claim involving benefits exposure of more than $3 million brought by former employee who alleged mandatory flu shot caused her to develop NMO and temporary paralysis.

Defeated summary judgment brought by co-defendant in premises liability action, thereby compelling the co-defendant to contribute funds toward settlement of claim.

Obtained dismissal with prejudice of federal action brought by foreign seaman seeking back wages and penalties against vessel and vessel owner.

Obtained favorable settlement for Lloyd's of London in rem action and in personam liability action on west coast of Florida.

Obtained low nuisance settlement in premises liability action seeking personal injury damages in excess of policy limits.

Obtained permanent injunction in residential real estate breach of contract action brought by original buyer against the seller and subsequent new buyer (construction developer) of property in Key Biscayne, Florida.

Served as defense and monitoring counsel in multi-district class action litigation involving Blue Cross Blue Shield.

Served as bad faith and coverage counsel to AIG, Travelers, Zurich, N.A., The Hartford, Markel, Chubb, and ACE.

Served as co-counsel in shareholder derivative dispute brought by the co-founder of Ultra Music Festival against former business partners alleging breach of a memorandum of understanding, breach of fiduciary duties, corporate waste, civil conspiracy and other claims in the Eleventh Circuit Complex Business Litigation Division.