(Civil Lawsuit/Appeal- February 2021)
Kuehne Davis Law won a favorable decision for the Miami Commissioner which led to the dismissal of a lawsuit. The decision is significant because it plays a major role in prioritizing that elected officials can dedicate their actions towards the best interest of the community and halt private interests in interfering within legislation. The ruling also highlights the Commissioner was rightfully granted legislative and qualified immunity.
(Election Law- January 2021)
KD Law received a favorable ruling from the 3rd District Court of Appeal citing the class-action lawsuit on Opa-Locka water bills will proceed further. In the 10-page opinion the following statement was consistent with the interests of the plaintiffs or residents- “We conclude that the plaintiffs have demonstrated sufficient interest in the outcome of the litigation to proceed.”
In August of 2020, the Firm successfully represented a lass of plaintiff on the appeal of a nonfinal order denying the defendant's motion for summary judgment. After filing a motion to dismiss, the appeal was dismissed for lack of jurisdiction. Benedict Kuehne and Michael Davis are board certified appellate specialists qualified to help you defend your verdict or ruling on appeal.
(Election Law- November 2020)
The firm continues to represent the people, in this instance the voters and the election process are being protected. KDLaw along with other attorneys filed a lawsuit requiring for Supervisors of Election to keep digital ballot images as part of the permanent public record. Preserving digital ballot images would sustain the notion of fair elections and be helpful in the situation of a recount. The status of this lawsuit remains active but preliminary motions have been successfully filed.
(Election Lawsuit- November 2020)
Kuehne Davis Law attained a favorable ruling for a Miami-Dade School Board candidate during the election. The candidate in question was faced with a lawsuit that challenged to disqualify them running for the District 9 school board set because of not living in the district when they qualified to run. The firm was hired and fought the lawsuit until it was dismissed. Our client continued to run a successful campaign and was found of no wrong-doing. KDLaw was honored to represent the candidate and congratulates them in winning their election.
(Civil Lawsuit/Appeal- August 2020)
The Firm successfully represented a class of plaintiffs on the appeal of a nonfinal order denying the defendant’s motion for summary judgment. After filing a motion to dismiss, the appeal was dismissed for lack of jurisdiction. Benedict Kuehne and Michael Davis are board certified appellate specialists qualified to help you defend your verdict or ruling on appeal.
(Criminal Defense- July 2020)
Kuehne Davis Law successfully represented an unarmed black teen who was shot in back by a Hillsborough County Deputy Sheriff. The young man suffered life-damaging injuries including being paralyzed from the chest down. Before filing the lawsuit, a $2.5 million settlement was agreed upon by the victim and the Hillsborough County Sheriff's Office. The firm represents victims who have been subject of police shootings and is always prepared to seek justice for its client.
(Professional Ethics Practice- July 2020)
The firm successfully represented an attorney on a Florida Bar Inquiry regarding funds in a Trust Account. While arranging an electronic payment the attorney mistakenly offered the Trust Account Number instead of the Operating Account bank number. The attorney and Kuehne Davis Law found that no client funds were involved. The firm received a review from the Florida Bar that was favorable for the attorney and closing the matter.
(Professional Ethics - May 2020)
The firm represented a local commissioner accused of failing to accurately disclose all financial interest before the Florida Commission of Ethics. After significant litigation before the Federal Election Commission, Ben Kuehne secured a finding of no probable cause. Kuehne Davis Law represents public servants before the Florida Commission on Ethics as well as the Miami Dade County Commission on Ethics & Public Trust.
(Civil Litigation - January 2020)
The firm succesfully represented a gun rights advocacy group in a lawsuit against Broward County. Under Florida law, the Florida State legislature has general authority to regulate firearms. This lawsuit challenged several firearms ordinances enacted by the County outside the County's authority. After countless years of litigation, the firm emerged victorious with the trial court declaring the ordinances invalid. The trial court also issued a permanent injunction prohibiting Broward County from committing similar violations in the future.
(Florida Bar Complaint - July 2019)
The firm rightfully represented an attorney because of a Florida Bar complaint issued presumably for failing to perform required duties. The response from the Florida Bar indicated that the seller and the CPA fulfilled their obligations regarding an IRS issue and the attorney only acted as an escrow holder. A ruling was made in favor of the attorney because she did not violate any rules adopted by the Supreme Court of Florida, and did in fact perform the duties required.
(Election Law and Complex Civil Litigation - 2019)
Ben led a challenge by an elected Sheriff to the Governor’s removal from office for political reasons. The ensuing litigation included representation in the Florida Supreme Court and in administrative proceedings in the Florida Senate.
(Ethics Complaint - 2019)
Former South Miami Mayor seeked legal counsel from KDLAW when faced with a complaint from a former attorney and an ethics commission ruled against his favor. The mayor was alleged to have violated a citizen's "right to be heard" under the county's Bill of Rights and in another instance conflict of interest. Ultimately, the case was dismissed and the Miami-Dade ethics commission ruled that the Mayor acted in good faith and followed the guidance of the City Attorney. The firm provides stellar representation to public officials who seek justice.
(Criminal Defense Litigation - 2019)
The Firm successfully represented a college student charged criminally with the on-campus sexual battery of another college student. Our client pled not guilty because he was actually innocent. The case unfolded in the time of #MeToo, and the University itself was embroiled in several highly publicized scandals involving favorable treatment of star athletes. Despite the potentially devastating consequences of a criminal trial, the Firm prepared for a trial, working closely with the client. After extensive discovery and scientific evidence uncovered serious discrepancies in the accuser’s version of the events, we proceeded to a jury trial. The result was an unquestionable success, with a unanimous verdict of not guilty on all charges in the case. The Firm is now working with the client to restore the damage done by the widely-publicized false allegations, and is exploring options for civil remedies.
(White Collar Crime and Public Official Representation - 2018 - 2019)
When the New York Attorney General’s Office brought public corruption charges against the Mayor of Mount Vernon, New York, Mayor Thomas turned to Ben Kuehne and his colleague Michael Pizzi to lead his successful defense. On the eve of trial, based on extensive and effective investigation and legal advocacy, all felony public corruption charges were abandoned, and the Mayor was offered the opportunity for a misdemeanor resolution for campaign finance errors. The Mayor avoided felony adjudication and may ultimately seek a return to office.
(Election Recount and Transition- 2018)
Nikki Fried was elected as the 12th Florida Commissioner of Agriculture and Consumer Services. Transitioning to new role, she appointed Ben Kuehne as general counsel for her team. Kuehne also represented Fried's campaign during the vote recount. Kuehne Davis Law, P.A. offers top notch legal representation to public officials in all aspects of public life.
Joe Carollo was elected City of Miami Commissioner after winning a runoff election. KDLaw successfully represented the Commissioner in a post-election attempt to disqualify him from taking office. The firm won at all stages of the litigation, both before the trial court and on appeal before the Third District Court of Appeals. Benedict Kuehne and Michael Davis are board certified appellate specialists
(Criminal Defense- 2018)
In 2017 when former North Miami police commander in charge was fired he reached out to KDLaw for legal represenation and filed a federal lawsuit against the City of Miami. The commander was involved in a police-related shooting and was the main target of being the proprietor of the unfortunate series of events. The firm provided the best legal counsel for its client and granted him with a result of settlement.
(Election Litigation - 2018)
In this election law and compliance litigation, the Firm successfully represented two candidates who fought the city to keep their names on the ballot. The ensuing trial resulted in a favorable ruling concerning candidate qualifications.
(Public Official Representation - 2018)
KDLaw willingly represented former North Miami Beach Commissioner. Due to sickness and the unablity to physically attend commission meetings the commissioner was in jeopardy of losing its seat and being replaced. With the excellent work of the firm's attorney, a Miami-Dade Circuit Court ruled in favor of the commissioner and prohibited the city from naming a replacement. The firm came to the client's defense when it needed it the most and will do so for all its clients.
(White Collar Crimes, Criminal Defense, Public Official, and Election Law - 2013-2017)
In 2013, Town of Miami Lakes Mayor Michael Pizzi was arrested as a result of an undercover FBI public corruption sting, and was charged for federal public corruption and bribery. Mayor Pizzi was immediately suspended from office by the Governor. This case and its aftermath were closely watched, not only in Florida, but across the country, due in part to the aggressive nature of the law enforcement undercover investigation that attempted to target many public officials. Mayor Pizzi maintained his absolute innocence, and the case proceeded to trial one year after the arrest. Serving as lead and cocounsel at trial, Benedict P. Kuehne and Michael T. Davis secured the Mayor’s unanimous jury verdict of not guilty on all charges.
When the Governor refused to vacate the Mayor’s suspension, Kuehne Davis Law initiated an extraordinary Mandamus proceeding against the Governor in the Florida Supreme Court, resulting in an Order directing the vacation of the suspension.
The Town of Miami Lakes refused to reinstate Mayor Pizzi to office, so the Firm imitated successful litigation against the Town for its unconstitutional decision to deny the voters the right to have their elected Mayor complete the service of his term of office. Mayor Pizzi was successful at the trial level, but still the Town failed to comply with the court order. The subsequent appeal affirmed the reinstatement order, and Mayor Pizzi finally resumed the office to which he had been wrongfully denied at the time of the federal government’s indictment. Mayor Pizzi’s counsel obtained recovery of the substantial legal fees and costs incurred in fighting from his resumption to office.
(Civil Rights, Complex Civil Litigation, Appellate Practice - 2012)
In 2006, the founding principal for the public charter elementary school, Aventura City of Excellence School, Katherine Murphy was fired by Aventura City Manager Eric Soroka for trumped up reasons. Dr. Murphy immediatel;y sued for wrongful termination, defamation, and unwelcome harassment. Due to the City’s defamatory claims against her, Dr. Murphy had been unable to find employment in her chosen field of education. Following extensive litigation and a lengthy jury trial, Dr. Murphy prevailed at trial with an award of $155 million in damages, representing the fifth highest verdict in the United States that year.
(Criminal Defense - 2012)
Former Opa-locka Commissioner sought his innocence and contacted the firm when he was charged with racketeering and unlawful compensation. With diligence and top-tier experience KDLaw scored a favorable result for the Commissioner when the State Attorney's Office dropped all charges. The Commissioner proceeded with his political career by regaining his seat in 2014.
(Presidential Election Recount - 2000)
Firm senior partner Benedict Kuehne served as a senior member of the Recount Litigation Team for the Gore/Lieberman Campaign during the 2000 Presidential Election Recount. Appearing as one of the Recount Team's principal's lawyer's, Ben Kuehne served in all phases of the litigation, including at the trial, appellate, and U.S. Supreme Court stages, thus cementing his reputation as one of the premier election law lawyers in the United States. .