OUR MISSION: To provide professional legal services of the highest caliber and integrity, through responsive, thorough, cost efficient advocacy. With experienced, diverse attorneys, two of whom are board certified, we are committed to aggressively resolving our clients' legal needs, with fearless and compassionate representation.
Mandelbaum, Fitzsimmons, Hewitt & Cain, P.A. is an AV-rated law firm, the highest rating a law firm can achieve. Listed in the Bar Register of Preeminent Law Firms and A.M. Best's Directory of Recommended Insurance Attorneys and Adjusters, We serve local, national, international and governmental clients in a variety of specialty practice areas. Our attorneys have large international law firm experience, training and expertise, and provide boutique-firm personal service, quality and cost-effectiveness to either the individual client or major corporate client.
We are committed to understanding our clients' individual needs and providing the broad spectrum of legal knowledge and expertise necessary to effectively and efficiently handle cases. Clients receive individual attention from the attorney defending their case. Our priority is to obtain a resolution that will be cost effective and fair.
Our lawyers provide the best legal service possible and bring extensive experience from several facets of civil defense litigation. Our lawyers have substantial in-court and trial experience. We recruit new lawyers who have the skills to aggressively handle a trial, if a satisfactory settlement is not possible.
In a typical scenario, a claims representative, risk manager or corporate representative will contact us first. Then we immediately begin reviewing all aspects of the case to evaluate the strengths and weaknesses of the defense and devise a case specific litigation strategy. As part of our initial evaluation, we render our legal opinion of the merits of the case and the quickest route to a favorable resolution. Our goal is to obtain a dismissal, obtain a defense verdict or secure a discounted settlement or jury verdict based on our presentation of the facts and law. We pursue your defense in an aggressive and cost-effective manner, and keep clients well informed on the status of the case.
Our attorneys have long-standing relationships with leading experts and authorities in many scientific and medical fields to assist in providing efficient and cost-effective representation, while assuring that we present a state-of-the-art defense for our clients.
We sustain a winning record by being prepared and trustworthy. With AV-Rated, B-V rated and Board Certified trial lawyers in our firm, we are legal professionals who follow strict ethical standards and exceptional legal ability. Our quality work results in referrals on a regular basis.
Our attorneys have substantial experience in all areas of civil litigation, including:
- Civil Trial and Appellate Litigation
- Insurance & Casualty Defense
- Risk Management Coverage
- Extra-Contractual Liability & SIU
- Auto & Trucking Negligence
- Personal Injury Protection
- Premises & Products Liability
- Employment Liability & Civil Rights Law
- Construction Law & Litigation
- Maritime, Shipping & Transportation Law
- International Business, Trade & Customs Law
- Business & Commercial Litigation
We have offices conveniently located in Tampa and Clearwater, Florida. Please contact Mandelbaum, Fitzsimmons, Hewitt & Cain, P.A. to address your Insurance Defense & Civil Defense needs.
Practice Areas: Civil Trial Practice; Commercial Law; Appellate Practice; Insurance Defense Law; International Business Law; Admiralty and Maritime Law; Transportation; Intellectual Property Law; Employment and labor law; Legislative and governmental law.
Admitted: 1979, Florida; 1981, U.S. District Court, Middle District of Florida and U.S. Court of Appeals, Fifth and Eleventh Circuits; 1982, U.S. Supreme Court; 1984, U.S. Court of Military Appeals; 1985, New York.
Law School: Georgetown University Law Center, LL.M., 1995; Vermont Law School, J.D., 1977
College: State University of New York at Albany, B.A., 1973.
Practice Areas: Auto liability, Premises liability, Commercial Litigation; Insurance and Surety Defense; Labor and Employment; Civil Trial; Construction and Property Law.
Admitted: 1995, Florida, United States District Court: Middle District of Florida, Northern District of Florida and District of Colorado.
Law School: University of Florida, J.D., with honors, 1994.
College: Florida State University, B.A., 1991.
Practice Areas: Employment Litigation; Complex Personal Injury/Insurance Defense Litigation; Healthcare Compliance and Business Litigation & Consultation.
Admitted: 1999, Florida; 2000, U.S. District Court, Middle, Northern and Southern Districts of Florida; Eleventh Circuit Court of Appeals; Florida Supreme Court.
Law School: Stetson University College of Law, J.D., cum laude, 1998.
College: University of Florida, B.S.B.A., 1991.
Practice Areas: Criminal law, Auto liability, Premises liability, Commercial Litigation; Insurance and Surety Defense; Civil Trial.
Admitted: 2004, Florida, United States District Court: Middle District of Florida
Law School: Syracuse University College of Law, J.D., 2004.
College: Florida State University, B.S., 2001
Practice Areas: General Civil Litigation; Auto-Negligence Defense; Employment Discrimination; Civil Rights; Corporations and Small Business
Admitted: 2013, Florida, Unities States District Court: Middle District of Florida; U.S. Court of Appeals for the Eleventh Circuit; U.S. Supreme Court
Law School: Florida Agriculture & Mechanical University College of Law: J.D. 2012 Cum Laude
College: University of South Florida: B.A. 2009
Practice Areas: General Civil Litigation; Auto-Negligence Defense; Family Law
Admitted: 2013, Florida
Law School: University of Florida College of Law; J.D. cum laude, 2013
College: Furman University; B.A. cum laude, 2010
Practice Areas: General Civil Litigation; Auto-Negligence Defense; Employment Discrimination; Family Law
Admitted: 2010, Florida, United States District Court: Middle District of Florida
Law School: Florida State University College of Law; J.D., 2010
College: Florida State University; B.S. cum laude, 2007
Practice Areas: Civil Rights Law; Auto/Truck Negligence; Serious Personal Injury & Wrongful Death; Insurance Law; Coverage, Defense & Risk Management; Product Liability; Business and Commercial Litigation
Admitted: Florida 2013; U.S. District Court for the Middle District of Florida
Law School: The Florida State University College of Law ; J.D., 2012
College: University of North Florida; B.A. magna cum laude, 2008
Practice Areas: General Civil Litigation; Auto-Negligence Defense; Personal Injury; Civil Rights; Entertainment Law; First Person Property; Premises Liability; Contracts and Indebtedness
Admitted: Middle District of Florida – 2016
Law School: Florida State College of Law: J.D., 2015. Business Law Certificate
College: University of Tampa: B.S. 2012
Practice Areas: Employment Law & Whistleblower Law
Admitted: Florida, 1986; U.S. District Court, Middle District of Florida; U.S. Court of Appeals for the Eleventh Circuit
Law School: J.D. 1985, Stetson University College of Law, St. Petersburg, FL; Moot Court Board
College: B.A. 1982, Kenyon College, Gambier, OH
The attorneys of Mandelbaum, Fitzsimmons, Hewitt & Cain, P.A. auto negligence practice handle any variety of automobile or trucking accidents, ranging from the most minor fender bender accidents, to more involved hit and run pedestrian accidents, to more complex multi-vehicle accidents, trucking accidents and motor cycle accidents. Whether the claim involves a simple soft tissue injury, or is a more complicated catastrophic injury or wrongful death case, we can effectively and efficiently handle your case. We have vast experience in all nature of claims, first party, third party, underinsured and uninsured claims.
Our attorneys are well versed in motor vehicle regulations, trucking record retention and licensing requirements and the Federal Motor Carrier Safety Administration. Our vast experience and depth on knowledge set us apart for our competition.
Serious Personal Injury & Wrongful Death
Have you or a family member suffered a serious personal injury or wrongful death? We can help. Our firm is dedicated to zealously pursuing our clients’ rights with fearless and compassionate determination. Why choose us? Consider the following:
Experience – Our lawyers have over 60 years combined trial experience in personal injury/wrongful death cases. Unlike many firms, we actually take cases to jury trial if need be. When deciding upon a firm to use, ask how many jury trials that firm, and the lawyer handling your case, has conducted in the past year and during their career. Your opponent will know the answer to those questions, and the value of your case will depend on it. Insist upon a personal injury lawyer that tries cases.
Board Certification – Mr. Mandelbaum and Mr. Fitzsimmons are both Board Certified Civil Trial Lawyers, a distinction recognized by the Florida Bar Association. Only 2% of the lawyers in Florida have achieved this distinction, and only those lawyers can represent themselves as specialists in this area of law. While any firm can advertise that they practice personal injury law, only Board Certified lawyers are considered specialists. Insist that the lawyer handling your case be Board Certified.
AV Rated – Our firm is rated AV by Martindale Hubble, the most respected legal publication in the industry. “AV” is the highest possible rating given, and was received based upon recommendations of other lawyers. Only 5% of lawyers nationwide have achieved this distinction, and you should insist that the firm handling your case is AV rated.
Nationwide – Because of our credentials, we have successfully associated with other firms across the State of Florida and nationwide with no additional expense to our clients.
We handle cases involving the following:
- Automobile/truck/motorcycle accidents - We aggressively pursue drunk driver
- Premise Liability – including slip and falls, improper security, and assault cases
- Products Liability
- Insurance Disputes
If you are unsure whether you have a potential case or not, please contact us at email@example.com.
We have extensive experience in all aspects of insurance law. We have represented major insurance companies, businesses and governments, and numerous individuals in prosecuting and defending insurance claims. Our experience includes issues arising from commercial policies, automobile policies, homeowner’s policies, error and omission policies and various other insurance contracts. We have assisted clients in investigating claims, establishing whether there is applicable coverage for a loss, defending and prosecuting cases through trial and appeals, and working on any applicable extra-contractual or “bad faith” issues that may be involved.
By representing a wide range of clients in this area of law, both defending and pursuing cases, we have gained a distinct advantage and knowledge of how to best serve our clients’ needs. Please feel free to fill out our free evaluation form to see if we can help with your individual issue.
Firm attorney John Cain represents clients in a variety of criminal proceedings. Mr. Cain is a former US Marine and State Prosecutor with the Hillsborough County State Attorneys Office, where he prosecuted hundreds of criminal cases. If you have been charged with a criminal offense, please contact Mr. Cain to set up an appointment to discuss your defense.
We have aggressively defended against premises liability claims brought against owners, operators and managers of companies and commercial properties. We have shown that our effective and experienced legal counsel can protect your business and financial interests. Representing homeowners, apartment complexes, commercial businesses, construction companies, grocery stores, hospitals, hotels, landlords, nightclubs, office buildings, parking lots, restaurants, retail stores, shopping malls, and other property owners, our attorneys handle a wide range of premises liability matters, including those involving serious injury and complex litigation such as:
- Defects on the premises
- Acts of negligent third parties
- Slip and falls
- Negligence or improper maintenance of the premises
- Negligent security
- Falling merchandise
- Elevator, escalator and moving sidewalk injuries
- Lack of effective warning signs
- Inadequate security or lighting
Product liability defense provides legal defense for designers, manufacturers and distributors of products who have been sued based upon a Plaintiffs allegations that a product was poorly designed, poorly labeled, had a manufacturing defect, was tampered with, or overall had something go wrong with it in the course of its production or distribution. Most products are regulated and tested by either government or trade organizations to protect the public and most manufacturers have internal quality control programs to ensure that the product they produce is safe for the public and fit for its particular purpose. If the product is used properly in the manner described by the designer, manufacturer or distributor, liability for injury or damage associated with a product or its use can be limited or eliminated altogether.
We have defended manufacturers, distributors, and sellers in personal injury and property damage cases involving alleged defects in design, manufacture, production, labeling, such as insufficient warnings or failure to warn, and distribution. The firm's partners have significant experience in product liability defense litigation, having defended major motor vehicle manufacturers against product liability claims involving air bags, rollovers, seat belts, unintended acceleration and the crashworthiness doctrine. Additionally, the firm's partners have defended other manufacturer's products including electrical appliances, elevators, dental lasers, lawn mowers, forklifts, medical devices, spinal implants, paint and lacquers, pyrotechnics and gas tanks against defect theories based on design, manufacture, breach of warranty and failure to warn.
Employment Practice and Civil Rights
The attorneys of our firm have handled a wide range of employment matters. We have served a variety of privately owned businesses, publicly owned businesses, governmental agencies and employment practices liability insurers in lawsuits by employees. Our attorneys are familiar and have successfully litigated claims involving discrimination and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. 1983, The Florida Civil Rights Act (FCRA), the Age Discrimination in Employment Act (ADEA), the Americans With Disabilities Act (ADA), the Family Medical Leave Act (FMLA), Florida and Federal Whistle-Blower Act claims. We have also provided consultation for employers involving personnel issues and have litigated non-compete & severance agreements. We also handle the defense of civil rights and constitutional claims, as well as liability actions stemming from arrest and incarceration.
The attorneys of the firm represent a variety of businesses and government agencies involved in the heavy construction, mining, and waste management industries. We become involved with our clients at every level of risk management – from assessing risks before an accident occurs, to defending our client in actions for personal injury, property damage, bid disputes and/or OSHA or MSHA complaints. We have particular expertise in defending industrial accidents, including injury cases and damage to underground utility claims.
For many of our clients, we are available 24/7 to respond immediately to an accident throughout the State of Florida to document and protect those clients’ interests. We also provide training seminars to our clients’ safety managers and general personnel on a variety of topics pertinent to their business. Please contact MFH if you have any questions or to would like to set up an appointment to discuss your companies’ needs.
Maritime, Shipping & Transportation Law
We offer a diverse spectrum of experience and insights in admiralty, shipping & transportation law. The range of clients served include major insurers and underwriters, P&I clubs, port authorities, vessel owners, shippers, importers and exporters, customs brokers, freight forwarders, stevedores, manufacturers and passenger cruise lines. In addition, the firm's lawyers experience includes vessel arrests and foreclosure, marine casualty, Jones Act claims, charter parties, passenger cruise liability, bills of lading, cargo loss, damage and delay, customs proceedings, export regulation, yachts and pleasure craft, marine regulation and maritime administrative investigations.
International Business, Trade & Customs
The firm offers expertise in international business, in trade and customs law, in commercial transactions, regulatory matters and dispute resolution. Distinctions include board certification by the Florida Bar in international law, serving as an adjunct law professor in international business law and international litigation and arbitration, and leadership positions in a number of international business and trade organizations. Expertise includes international corporate, financing and banking matters, international sales contracts and transactions, establishing foreign joint ventures, branches and subsidiaries, sales agencies a d distributorships, international franchising, international procurement and bid submissions, foreign project development, foreign investment and asset planning, Foreign Corrupt Practices Act issues, trade regulation, GATT, WTO and NAFTA issues, cargo shipping and transportation matters, anti-dumping and countervailing duties, customs proceedings, tariffs, classification, GSP, seizures and penalties and export regulation.
Business & Commercial Litigation
All too often businesses find themselves engaged in disputes and/or litigation thereby reducing the profitability of their businesses and relationships in the communities. Addressing future concerns and legal issues at the outset and receiving proper counseling during a dispute provides for profit maximization in such business endeavors.
The attorneys of Mandelbaum, Fitzsimmons, Hewitt & Cain, P.A. have extensive experience in representing businesses in the pre-contract negotiation phase, litigation avoidance and business counseling phase and ultimately commercial litigation surrounding business disputes. Whether the dispute or contract involves a complex transaction or a basic arrangement between an individual, a professional and a business, we can effectively and efficiently handle your matter and/or dispute.
Civil Trial & Appellate Litigation
The members of the firm provide experienced advocacy to manage risks, resolve business and insurance disputes, and pursue claims in state courts, federal courts, arbitration, administrative proceedings or international tribunals. Substantive areas of litigation handled by the firm involve commercial disputes; personal injury, insurance and employment litigation; maritime and transportation law; construction law; banking & debt recovery; and, international business disputes. The firm includes experience in litigation through Florida Bar Board Certification in Civil Trial Litigation, service on trial & appellate court rules drafting committees, service as chief editor of litigation articles in a major bar journal.
Mandelbaum, Fitzsimmons, Hewitt & Cain, P.A. has substantial experience in representing parties in state and federal regulatory matters, including state licensing, Medicare and Medicaid certification and reimbursement, Controlled Substances Act, and the Food Drug and Cosmetic Act, issues related to HIPAA and in all aspects of compliance with federal and state statutes. We advise physicians, physician practices, pharmacists, pharmacies, nurses and clinics. Our lawyers also provide counsel to clients facing administrative action by the state and federal regulators, complaints, and licensure disciplinary proceedings.
Effective May 20, 2010, the Hillsborough County Board of County Commissioners adopted Ordinance 10-08E, which requires licensure of pain management clinics in order to operate after June 15, 2010. Applications must be received by the Consumer Protection Agency at 1101 East 139th Avenue, Tampa, Florida 33613 by June 14, 2010.
See below for more information: http://www.hillsboroughcounty.org/consumerprotection/pml/
Effective May 24, 2010, the Tampa City Council adopted Ordinance No. 2010-59, requiring certain pain management clinics to obtain a permit in order to maintain operation within the city. The ordinance was effective upon signing by Mayor Iorio and your clinic should have already applied for a permit.
Mandelbaum and Fitzsimmons Named to the Prestigious 2008 Super Lawyers
Mandelbaum, Fitzsimmons and Hewitt are proud to announce that two of the firm's lawyers have been named to the prestigious 2008 Super Lawyers, which lists the top attorneys in Florida. This distinction is given to less than 5% of practicing Florida attorneys. You can visit their profiles at SuperLawyers.com
Kevin Fitzsimmons, managing partner, was noted for his work in the area of business litigation. Samuel R. Mandelbaum, firm president, was acknowledged for his work in international law. Candidates are evaluated by a panel of their peers in their primary area of practice.
Firm Partners Named Super Lawyers
August 3, 2010. Tampa, Florida -- Mandelbaum, Fitzsimmons, Hewitt & Cain announces the following lawyers have been named Super Lawyer by Super Lawyer magazine: Samuel R. Mandelbaum - international, business litigation, civil litigation defense; and Kevin J. Fitzsimmons - civil litigation defense, business litigation, personal injury. The magazine named as a rising star, Scott K. Hewitt - employment and labor, personal injury and personal injury defense.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and though the independent research. Rising Stars names the state's top up-and-coming attorneys.
Scott K. Hewitt Named to YMCA Board of Directors
January 2010. Tampa, Florida -- Scott K. Hewitt has been named to the board of directors for the Tampa YMCA.
YMCA of Tampa. For well over a century, the Tampa Metropolitan Area YMCA has helped kids, families and adults grow strong in spirit, mind, and body. As Tampa and surrounding areas expanded dramatically over the past two decades, so did the YMCA as we launched new facilities and programs that are the heart of the communities they serve. Today, our YMCA touches more than 140,000 lives annually through 18 facilities, hundreds of programs, and dozens of community outreach projects. It would be difficult to imagine Tampa without the YMCA.
Kevin Fitzsimmons Named to Board of Directors of Derrick Brooks Charities, Inc.
September 3, 2010. Tampa, Florida -- Kevin Fitzsimmons named to the board of directors of Derrick Brooks Charities, Inc.
Derrick Brooks Charities, Inc. provides educational opportunities for socio-economically challenged youth that will instill, inspire, broaden and develop cultural and social vision outside of the walls in which they live to ensure that these young people have every chance to develop into strong and productive leaders of tomorrow.
Wells Fargo Building
100 South Ashley Drive, Suite 1100
Tampa, FL 33602
4207 SW 34th Street
Orlando, FL 32811