Press Releases
Wilson Elser Expands Miami Office with Five Lateral Partners and Team
June 25, 2024
Partner
Miami partners Russell M. Pfeifer and Gustavo A. Martinez Tristani, and associate Jackson G. Adams, secured dismissal of a personal injury action on the eve of trial in the U.S. District Court for the Southern District of Florida through a successful Rule 12(b)(6) motion to dismiss on behalf of Wilson Elser’s client, a shoreside services provider. The plaintiff alleged that she sustained injuries inside a cruise terminal during the disembarkation process and asserted maritime claims against the cruise ship owner, the terminal owner, and our client. She later settled her claims against the cruise ship and terminal owners. After extensive discovery and prolonged motion practice, Russell, Gus, and Jack persuaded the District Court that it lacked subject matter jurisdiction to adjudicate the remaining claims against our client. Specifically, the team argued that admiralty jurisdiction did not exist because the alleged incident, a slip and fall in a small puddle of water, occurred on land, involved a fixed terminal structure, and did not involve a vessel operator. In addition, the activity giving rise to the incident – the alleged failure to maintain the terminal and/or place warning signs – bore no substantial connection to traditional maritime activity. The decision marks a significant defense victory and establishes an important and new precedent curbing the expansion of admiralty jurisdiction.
Russell M. Pfeifer, Gustavo A. Martinez Tristani and Jackson G. Adams
Daniel E. Tranen (Partner-St. Louis, Mo) and Gustavo A. Martinez Tristani (Partner-Miami) obtained dismissal for a large warehouse club client in a product liability lawsuit brought in the U.S. District Court for the District of Puerto Rico. The plaintiffs, a husband and wife, claimed the husband contracted E. coli after eating carrots purchased at the client’s store in Bayamón, Puerto Rico, resulting in personal injuries and loss of consortium. The plaintiffs alleged that the carrots constituted a defective product under Puerto Rico law and sued under theories of negligence, breach of warranty, and strict liability. Daniel and Gustavo filed a motion to dismiss, arguing the complaint failed to state a cause of action under any of the asserted theories because it failed to adequately allege a breach of duty and because the carrots were not a defective product as a matter of law. The plaintiffs countered that our client was liable for breaching an implied warranty that products sold for human consumption are fit for human consumption and free of defects. In a nine-page opinion, the trial court dismissed the action with prejudice, holding that the complaint failed to state a cause of action because it failed to allege that the carrots became contaminated with E. coli through a manufacturing process and because they were not a defective product as a matter of law.
Daniel E. Tranen and Gustavo A. Martinez Tristani
Miami partners Russell M. Pfeifer and Gustavo A. Martinez Tristani and associate Jackson G. Adams secured dismissal of a maritime personal injury lawsuit filed in the U.S. District Court for the Southern District of Florida. The plaintiff, a Canadian citizen, filed a lawsuit seeking damages against a major cruise liner and its independent contractor, our client, for injuries sustained during an offshore excursion at the Krka National Park in Croatia. Despite the federal court having admiralty jurisdiction to adjudicate the claim against the cruise liner, Russell, Gus, and Jack persuaded the District Court that it lacked both diversity jurisdiction and admiralty jurisdiction to entertain the claims against their client, securing the complete dismissal of the action on those grounds on the eve of trial. The victory and corresponding 15-page order constitute an impactful precedent as it distinguishes the factual pattern in this case from a long line of cases decided by federal courts in Florida that routinely exercised admiralty jurisdiction in cases of similar nature against cruise lines and their shore excursion operators.
Jackson G. Adams, Russell M. Pfeifer and Gustavo A. Martinez Tristani