Farrokh Jhabvala, Litigation Partner in the firm's Miami office, litigates individual and class action cases concerning consumer and financial services matters in federal and state courts across the United States, and handles appeals cases in federal and state appellate courts. He has experience with arbitration matters. Mr. Jhabvala is chair of Jorden Burt's Consumer Finance & Banking industry group.
Mr. Jhabvala represents insurance companies, credit card issuers and other financial institutions in individual and class actions involving property damage from windstorms, bad faith claims arising from property claims, claims arising from lender-placed insurance, federal and state-law claims under the federal Truth in Lending Act, RICO, state unfair trade practices and consumer protection statutes, and common law. He has successfully litigated class actions in more than a dozen states, always with an eye to obtaining cost-effective and early termination of litigation. He also has considerable experience with Federal Arbitration Act issues.
Representative Matters
· Everhart v. Citizens Property Insurance Corp. (Circuit Court, Leon County, Fla. 2011), dismissal of class action; on appeal to Florida's 1st District Court of Appeal.
· Castellanos v. Citizens Property Insurance Corp. (Circuit Court, Miami-Dade County, Fla. 2010), dismissal of class action; on appeal to Florida's 3d District Court of Appeal.
· Jimenez v. Citizens Property Insurance Corp. (Circuit Court, Miami-Dade County, Fla. 2008), dismissal of putative class action alleging that the insurer was automatically required to pay for building code upgrades to windows and other external glass structures.
· Schlegel v. Citizens Property Insurance Corp. (Circuit Court, Miami-Dade County, Fla. 2008), dismissal of putative class action alleging that the insurer was automatically required to include permit and license fees in ACV payments.
· Schilke v. Wachovia Mortgage FSB,2011 WL 4501381 (N.D. Ill. Sept. 28, 2011), dismissal of action alleging state and common law violations with regard to lender-placed insurance on mortgaged property.
· Buell v. Direct General Insurance Agency, Inc., 488 F. Supp. 2d 1215 (M.D. Fla. 2007); putative Florida class action alleging violation of unfair insurance trade practices and licensing statutes. Dismissed with prejudice.
· In re Friedman's, Inc., 363 B.R. 629 (Bankr. S.D. Ga. 2007); class action certified by West Virginia state court. Class decertified after removal to federal court and transfer to bankruptcy court.
· American Bankers Ins. Co. v. Crawford, 757 So.2d 1125 (Ala. 1999); putative Alabama class action alleging fraud in connection with issuance of insurance policy. Matter compelled to arbitration.
· Burstein v. First Penn-Pacific Life Ins. Co., 209 F.R.D. 674 (S.D. Fla. 2002); represented insurance company in putative national class action alleging federal RICO and state common-law claims with regard to high-value life insurance policies. RICO claims dismissed with prejudice; class certification denied; and state law claims dismissed as moot.
· Carson Management Ltd. v. Security Life of Denver Insurance Co., 2003 WL 23018539 (M.D. Fla. Dec. 11, 2003); removed case under SLUSA and defeated attempted remand.
· Ex parte American Bankers Life Assurance Co., 715 So.2d 186 (Ala. 1997); putative Alabama class action alleging fraud in the sale of credit insurance policies. Mandamus petition granted by the Alabama Supreme Court, reversing class certification by trial court.
· Gras v. Associates First Capital Corp., 786 A.2d 886 (N.J. App. Div. 2001), pet. for certif. denied (N.J. 2002); putative New Jersey class action alleging fraud in connection with loan and insurance transactions. Matter compelled to arbitration.
· Hammett v. American Bankers Ins. Co., 203 F.R.D. 690 (S.D. Fla. 2001); putative national class action alleging federal RICO and state common-law claims with regard to credit insurance. Class certification denied.
· London v. Wal-Mart Stores, Inc., 340 F. 3d 1246 (11th Cir. 2003); represented insurance companies in class action alleging violations of the Florida Insurance Code. Class certification reversed.
· Voyager Life Insurance Co. v. Hughes, 841 So.2d 1216 (Ala. 2002); reversed trial court's decision that defendant had waived arbitration with regard to all putative class members.
· Voyager Ins. Co. v. Whitson, No. 1000678, 2003 WL 21040594 (Ala. 2003); Alabama class action alleging violations of Alabama consumer statutes and common law. Class certification reversed.
Speeches and Publications
· Co-Author: "Journey to the Fringe: A Survey of Select Fringe Lending Products," Practising Law Institute, 1535 PLI/Corp. 349, March-May, 2006
· Speaker and Author: "Gap-Premium Litigation - An Overview," ALI-ABA Conference on Life and Health Insurance Litigation, May 1-2, 2003
· Author: "The 'Direct Conflict' Test for First Clause McCarran-Ferguson Cases," 33 TORT & INS. L.J., 1147-67 (Summer 1998)
· Author: "The Political-Propaganda Label Under FARA: Abridgement of Free Speech or Legitimate Regulation," (University of Miami Law Review, 1987)
· Author: "Declarations by Judges of the International Court of Justice," (American Journal of International Law, 1978)
Noteworthy
· Professor, Florida International University, International Politics and Law, 1976-1998
Professional Affiliations
· Member, American Bar Association; TIPS Appellate Advocacy Committee