Practice Areas

pc

Admiralty & Maritime:

Bell & Melamed has handled Maritime legal matters involving Jones Act claims, Death on the High Seas Act, vessel arrests, maintenance and cure, tug-tow incidences, and water sports incidences. As a specialized area of the law, the Firm has exclusive research tools governing Maritime and Admiralty matters which allows its members to stay on top of the ever-changing and complex rules and laws governing this field. (Back to top of page.)

Appellate Practice:

Bell & Melamed understands and appreciates the fact that there will be times when a trial court ruling needs to be taken to a higher authority on appeal. Therefore, we have established our practice to include all areas of appellate advocacy. This requires a comprehensive understanding of the appellate process, the rules of appellate procedure, and a continued focus on the recent decisions made by the Appellate Courts of Florida. The members of the Firm have been involved in numerous appeals in state and federal courts throughout Florida in several areas of substantive law. (Back to top of page.)

Complex Commercial Litigation:

Bell & Melamed has been involved in all areas of complex commercial litigation, from contract disputes to land disputes, real estate transactions to business partnership disputes, and has a comprehensive understanding of the practice of law governed by the Uniform Commercial Code. (Back to top of page.)

Construction Litigation:

Bell & Melamed has been involved in all types of construction litigation, including areas of breach of contract, project management, change orders, negligent construction and design, safety issues, employee injuries and death on the work-site, mold claims, defective materials, project delay and termination, compliance with OSHA and all building and zoning regulations. Litigations have involved the professional malpractice of engineers, architects, subcontractors and project managers. The Firm has been involved general negligence and breach of contract claims in both State and Federal courts, and works independently with certified civil and electrical engineers for additional support. (Back to top of page.)

Civil Litigation and Trial Practice

Bell & Melamed’s practice includes all areas of general civil litigation and trial practice throughout all State and Federal Courts of Florida. Whether representing an insurance company, an insured, or self-insured, the Firm has extensive experience in the defense of all civil matters, involving arbitrations, mediations and trial practice. (Back to top of page.)

Environmental and Toxic Torts:

Bell & Melamed’s practice includes areas of environmental and toxic tort law, including waste contamination, “sick-building” and mold contamination, chemical exposure and other matters involving environment-related injuries. (Back to top of page.)

Insurance Defense:

Bell & Melamed has earned an early reputation for excellence in the aggressive defense of insurance claims of all types. Whether involving claims against insurers, agents, brokers, adjusters, or third-party administrators, the Firm has litigated coverage claims, malpractice claims, reinsurance and excess matters, and interpretation of insurance policies. Armed with an array of resources from on-line support to journals, research materials and an extensive database of insurance law cases, memorandums of law and appellate briefs, the Firm has addressed claims involving advertising injury, directors & officers liability, first party claims, third party claims, errors & omissions liability, professional liability, premises liability, products liability, pre-school/daycare liability, commercial general liability, security, construction/property liability, liquor liability, and toxic torts. Additionally, the Firm has successfully handled numerous coverage disputes and declaratory judgment actions. The Firm remains active in attending insurance law seminars and receiving the latest editions of journals and publications dealing with the insurance industry, in an attempt to provide the best service it can to its insurance clients. (Back to top of page.)

Land Use:

Bell & Melamed has been at the forefront of land use litigation in the recent years, representing numerous private sector clients in South Florida and the Keys who seek to preserve the rights which accompany property ownership. Local governments seek to restrict property owners with respect to rental of private properties, and the Firm has fought to mitigate the restrictive laws being implemented by city, state and municipal governments. Areas of practice include land development, zoning rights, rental property rights, compliance with building codes, historic assignment and preservation, and other regulatory issues. (Back to top of page.)

Liquor Liability:

The manufacture and distribution of alcoholic beverages in our country has reached tremendous growth levels over the last decade, as has the sale and consumption of alcoholic beverages by the general public as a whole. Most troubling is the sale and consumption of alcohol by minors and habitual drunkards, leading to mass vehicular accidents, and injury or death. Bell & Melamed has extensive experience in litigating claims pertaining to Florida’s “Dram Shop” laws, and has studied alcohol beverage laws and regulation on both the state and federal levels, resulting in an extensive database of case law, journals and articles on the topic. The Firm has used its knowledge to educate insurance companies and their insureds on the perils of furnishing or selling alcohol to minors and habitual drunkards, and to help institute vendor compliance and education training. (Back to top of page.)

Medical and Hospital Malpractice:

Bell & Melamed has defended a wide variety of professional liability claims against nurses, physicians, dentists and hospitals. The Firm works closely with numerous physicians and nurses as consultants and has instant access to medical reviews and opinions governing standards of health care. Medical Malpractice in Florida is governed by Florida Statutes Chapter 766, and the Firm’s extensive knowledge and understanding of these rules and complex medical issues has resulted in the settlement and dismissal of numerous claims during the presuit phase, thus saving the client from unnecessary costs and exposure to frivolous claims. (Back to top of page.)

Nursing Home - Assisted Living Facility – Independent Living Facility Litigation:

Bell & Melamed is actively involved in the defense of nursing homes, retirement communities, assisted living facilities, and independent living facilities throughout Florida. Besides claims of general malpractice and abuse, the Firm has handled licensure/regulatory matters, contract disputes, arbitration, and dispute resolution of such claims. Nursing Home and Assisted Living Facility (“ALF”) litigation in Florida is governed by Chapter 400 of the Florida Statutes. Our Firm has extensive knowledge of the rules promulgated under this Chapter as it pertains to Nursing Home compliance and claims brought under resident rights. We have successfully defended claims under the new and old version of Chapter 400 throughout Florida. The Nursing Home Team has been involved in formulating laws governing Arbitration and works extensively with the best geriatric and nursing experts to better serve their clients. Independent Living Facility (“ILF”) litigation is governed by Chapter 651 of the Florida Statutes. The Firm has extensive experience in these cases as well as a thorough knowledge and understanding of the rules pertaining to ILF’s and how they differ from hospitals and ALF’s. (Back to top of page.)

Product Liability:

As part of its insurance defense practice, Bell & Melamed has defended a wide variety of manufacturers, distributors and retailers of all types of products, including pharmaceuticals, pet products, industrial machinery, construction materials, automotive equipment, mechanical tools, industrial cleaning products and grills/barbeques. The Firm has defended major corporations and has an extensive database of research materials, publications, and case law on the development of strict products liability in Florida law. The Firm is well-versed on the standards of law necessary to defend and teach their clients on manufacturer defect claims, design defect claims, insufficient warnings/labels claims, and proper instructional manuals. The Firm is extensively involved and at the forefront of defending asbestos/toxic tort claims in Florida, and has successfully defended and settled such cases by developing key arguments on such issues as statute of repose, product identification, product spoliation and alternative exposure. (Back to top of page.)