Bank of Am. N.A. v. Evans, 948 So. 2d 998 (Fla. Dist. Ct. App. 3d Dist. 2007)

February 21, 2007 (Miami, Florida).  The law firm of Cohen & Owens, P.A. prevailed at the Third District Court of Appeals in an action against major credit card issuer.  The underlying lawsuit was filed against Bank of America for account fraud/identity theft and violations of the Florida Consumer Collections Practices Act.  The Defendant bank was represented by Foley & Lardner, LLP and had sought to remove the lawsuit from the court and into binding arbitration.  Cohen & Owens, P.A. represented by Scott D. Owens, Esq. had argued at evidentiary hearing before the Honorable Judge Sarah I. Zabel that the Defendant could not compel arbitration because Plaintiff’s affidavit created a factual issue existed as to whether such an agreement was ever received by the Plaintiff.

Read full opinion here: http://www.3dca.flcourts.org/Opinions/3d06-1458.pdf

Patterson v. Consumer Debt Mgmt. & Educ., Inc., 975 So. 2d 1290 (Fla. Dist. Ct. App. 4th Dist. 2008)

March 19, 2008 (West Palm Beach, Florida)  The law firm of Cohen & Owens, P.A. triumphed today at the Fourth District Court of Appeals in an action against manager for alleged violations of The Florida Civil Rights Act of 1992 (“FCRA”).  The employee, represented by Adorno & Yoss, LLP, had sought to hold her supervisor individually liable for alleged violations of FCRA.  Scott D. Owens, Esq. successfully argued before the 4th DCA that individual persons were exempt from violations of FCRA and could not be brought into a FCRA suit under an agency theory.      

Read full opinion here: http://www.4dca.org/Mar2008/03-19-08/4D07-2031.op.pdf