Ezra S. Greenberg

• Represented Perry Ellis International, Inc. and PEI Licensing, LLC as co-plaintiffs in lawsuit alleging breach of a purchase agreement for the sale of the Pro Player® apparel brand, resulting in an $8.3 million plaintiffs’ verdict following a 10-day jury trial in the Complex Business Litigation Division of the Eleventh Judicial Circuit of Florida in which the plaintiffs prevailed on all claims and legal theories including breach of contract, breach of the implied covenant of good faith and fair dealing, and piercing of the corporate veil.
• Represented the iconic Ball & Chain and Taquerias El Mexicano/Los Altos, affiliated with The Mad Room LLC, a Hospitality management company, in a federal suit against the City of Miami alleging violations of substantive and procedural due process, equal protection, unlawful searches and seizures, as well as other constitutional law violations. Our clients alleged that the City violated numerous constitutional rights when it developed and deployed a deliberate policy to ruin their businesses. The case was ultimately resolved to the clients’ satisfaction when the City approved a $12.5 million payout (along with non-monetary benefits) to settle these claims.

While serving as Assistant County Attorney in the Miami-Dade County’s Attorney's Office:

Federal Litigation Matters:

• Defended excessive force allegations against six police officers during a six-day federal jury trial resulting in a complete defense verdict.
• Obtained dismissal of all claims against three police officers in declaratory judgment action on First and Fourth Amendment claims based on the dispersal of a residential protest.
• Represented Miami-Dade County against claims arising from an inmate’s loss of his spleen while in custody allegedly due to excessive force and the denial of medical care resulting from a pattern or custom of deliberate indifference to the constitutional rights of inmates. After substantial discovery and despite the denial of the County’s motion to dismiss, the case was resolved without any monetary payment from the County.
• Obtained emergency stay and vacatur in the United States Court of Appeals for the Eleventh Circuit Court of federal district court's injunction against a county jail facility in class action lawsuit alleging inadequacies in the jail's response to the COVID-19 pandemic and demanding release of hundreds of inmates.
• Obtained attorney’s fees award against commercial property owner following dismissal of claim alleging denial of due process against Miami-Dade County in building code enforcement.
• Successfully litigated high-profile police shooting case for five years. Obtained the only order in the history of the U.S. District Court for the Southern District of Florida piercing the qualified journalist privilege and enforcing a subpoena duces tecum against a local new agency and one of its reporters. Obtained sanctions against the plaintiff based on destruction and concealment of evidence and willful violations of discovery orders. After the denial of summary judgment, successfully persuaded the district court to reconsider and grant summary judgment on all counts based on the discovery of new evidence. Although an appellate court reversed this holding and remitted the case for trial, a federal jury returned a complete defense verdict following six days of trial.
• Successfully represented the County and four officers on appeal following two-week jury trial resulting in defense verdict; obtained published opinion in the United States Court of Appeals for the Eleventh Circuit affirming on all issues including admissibility of expert testimony and police polices, admissibility of prior criminal acts and convictions, and dismissal of municipal liability claims.
• Obtained partial summary judgment on claims for false arrest, malicious prosecution, and concert of action against two police officers and the County.
• Obtained summary judgment on statutory indemnity claim against local night club for an incident arising out of police action by off-duty officers. On an issue of first impression, the district court found that the night club was strictly liable under a Florida statute governing the provision of off-duty police officers to private establishments. Following an unsuccessful constitutional challenge on appeal by the night club, the County obtained a complete recovery.
• Represented the County in obtaining reversal by the United States Court of Appeals for the Eleventh Circuit of district court’s erroneous order of remand.

Labor & Employment Matters:

• Defended workers’ compensation retaliation claim during jury trial in the Eleventh Judicial Circuit of Florida.
• Obtained summary judgment on ADA claim for failure to accommodate challenging termination of employee with disabilities.
• Obtained dismissal of ADA and FMLA claims in lawsuit arising out of discipline and termination of diabetic police dispatcher. Concurrently, represented County in binding arbitration resulting in award upholding termination of employee and rejecting failure to accommodate claim under ADA.
• Secured award of attorney’s fees after obtaining order granting summary judgment in Title VII case brought by firefighter alleging sex discrimination and retaliation with respect to outside employment and on-the-job discipline.
• Successfully defended the County against lawsuit brought by former employee seeking to establish additional retirement credits; obtained dismissal with prejudice in Eleventh Judicial Circuit of Florida and affirmance on appeal before Third District Court of Appeal.
• Successfully represented the Mayor of Miami-Dade County before Appellate Division of the Eleventh Judicial Circuit of Florida opposing a petition for writ of certiorari challenging the Mayor’s decision to reject a hearing examiner’s findings and impose discipline on an employee due to unethical behavior in connection with a promotional examination.
• Defended FCRA claims alleging harassment and demotion based on national origin during jury trial in the Eleventh Judicial Circuit of Florida, resulting in defense verdict.
• Obtained summary judgment on claims for sex discrimination and retaliation under Title VII brought by police officer who was relieved of duty while under investigation.
• Obtained dismissal of lawsuit under ADEA by police officer who failed probation.
• Obtained summary judgment on ADA disparate impact claims challenging the transit department’s no-rehire policy for bus operators with long-term absenteeism; obtained affirmance on appeal before the United States Court of Appeals for the Eleventh Circuit.
• Awarded summary judgment on FCRA race and national origin claims in the Eleventh Judicial Circuit of Florida.

• Law Clerk, Honorable Paul C. Huck, United States District Court for the Southern District of Florida
• Law Clerk, Honorable Jonathan Goodman, United States District Court for the Southern District of Florida
• Alexander Fellow, full-time credited clerkship, Honorable Stanley R. Chesler, United States District Court for the District of New Jersey