April Boyer

Defending Breach of Contract Claim in an AAA Arbitration Hearing (Lead Counsel): Served as lead trial counsel in a week-long American Arbitration Association hearing related to a breach of a memorandum of understanding related to the sale of a business. 

Obtaining Writ of Habeas Corpus through Appeal to the United States Supreme Court: Served as appellate counsel for a criminal defendant in a federal habeas corpus action before the United States Supreme Court, which found that his conviction and continued incarceration violated the Due Process Clause of the Fourteenth Amendment.  Served as the primary author of the petition for writ of certiorari as well as one of several authors of the appellant briefs before the United States Supreme Court and the Pennsylvania Supreme Court (on a certified question).  Served as second chair for the oral argument before the United States Supreme Court.

Defending Action to Enjoin Results of Presidential Election for a Non-Profit Medical Specialty Association (Lead Counsel):  Served as lead trial counsel for a non-profit medical specialty association that was sued by a physician-member, who sought to enjoin the association from refusing to appoint him as president on the basis that there were election irregularities.  After a multiple-day evidentiary hearing, the Court denied plaintiff’s motion for preliminary injunction.  The action was pending in the United States District Court for the Southern District of Florida.

Litigating Real Property Damage Lawsuit through Jury Trial (Trial Counsel):  Served as trial counsel for plaintiff on a multiple week jury trial arising out of allegations that defendants impermissibly disposed of used cement and 55-gallon drums of waste over the course of many years on the plaintiff’s reserve, riverfront property. Compensatory and punitive damages awarded in favor of plaintiff.

Litigating Section 1983 Excessive Force Lawsuit through Jury Trial (Trial Counsel):  Served as trial counsel on a multiple-week jury trial arising out of allegations of police using excessive force during a riot.  Claims asserted were for violations of constitutional rights under Section 1983.

Litigating Negligent Investigation Claim through Jury Trial (Trial Counsel):  Served as trial counsel on a six-week jury trial arising out of a partnership dispute related to allegations of negligent investigation of a sexual harassment charge.  Jury verdict obtained in favor of client. Litigating Negligent Investigation Claim through Jury Trial (Trial Counsel):  Served as trial counsel on a six-week jury trial arising out of a partnership dispute related to allegations of negligent investigation of a sexual harassment charge.  Jury verdict obtained in favor of client. 

Defending Non-Compete/Trade Secret Case through Extensive Evidentiary Hearings, Four Appeals and Two Appellate Oral Arguments (Lead Counsel):  Served as lead trial and appellate counsel for defendants in a litigation between major competitors in the telecommunications industry related to allegations of a breach of a restrictive covenant, misappropriation of trade secrets, tortious interference and violations of the Computer Fraud and Abuse Act.  Served as lead trial counsel during a six-day evidentiary hearing that took multiple months to complete.  During this time, the trial court vacated an ex parte injunction at defendants’ request, denied multiple motions for interim injunctive relief, denied a motion for preliminary injunction, and denied a writ of replevin.  Plaintiff filed four appeals related to these decisions; the Second District Court of Appeals consolidated three of the appeals.  It held oral argument on the three appeals related to the injunction decisions and one oral argument on the replevin issue (presenting unique issues related to the ability to replevin electronic data).  Served as lead counsel on all appeals, including giving both oral arguments.  All of the trial court’s decisions were affirmed by the Second District Court of Appeals for the State of Florida. The underlying action was pending in the Circuit Court for Hillsborough County, Florida. 

Defending Section 1983 Claim by Obtaining Summary Judgment (Affirmed on Appeal) and Obtaining Rule 11 Sanctions (Lead Counsel):  Served as lead counsel for a mutual fund company in a lawsuit brought by a former employee of the state of Florida and his wife, who initiated the action against various providers of financial instruments to the State of Florida and others.  The plaintiff-former employee alleged that his employment was terminated and he subsequently was subjected to a 48-hour involuntary commitment (Baker Act) because he was a whistleblower, and he asserted a Section 1983 claim against the providers of the financial instruments, and the wife asserted a loss of consortium claim.  The trial court granted two motions to dismiss and a summary judgment motion in favor of defendant/client.  The Eleventh Circuit Court of Appeals affirmed the grant of summary judgment.  The trial court also granted defendant/client’s Rule 11 motion for sanctions, awarding it fees and costs to be paid from the former employer, his wife and their legal counsel.  The underlying action was pending in the United States District Court for the Northern District of Florida.

Defending Unfair Competition, Business Interference and Trade Secret Claims (Lead Counsel):  Served as lead counsel for a pharmaceutical laboratory accused by a direct competitor of misappropriating trade secrets that were allegedly acquired in a due diligence process and of breaching a non-solicitation and non-disclosure agreement.  After extensive and contentious litigation, the matter was amicably resolved.  The action was pending in the Circuit Court for Broward County, Florida. 

Defending Race and Retaliation Claims by Obtaining Summary Judgment (Lead Counsel):  Served as lead counsel for defendant-former employer in a lawsuit brought by a former employee, in which he alleged racial discrimination and unlawful retaliation.  Summary judgment obtained in favor of defendant on all counts.  The action was pending in the United States District Court for the Middle District of Florida.  An appeal to the Eleventh Circuit Court of Appeals was dismissed. 

Prosecuting Misappropriation of Trade Secret Claims, including Obtaining an Ex Parte Restraining Order and Preliminary Injunction Order (Lead Counsel):  Served as lead counsel for two international companies that petitioned a federal district court to issue an ex parte restraining order and subsequent preliminary injunction to enjoin their former executive officers from misappropriating their trade secrets.  The trial court granted the restraining order and the subsequent preliminary injunction.  The action was pending in the United States District Court for the Southern District of Florida.

Enforcing Non-Compete through Jury Trial (Lead Counsel):  Served as lead trial counsel for a former employer that sued its former sales employees for the breach of the restrictive covenants in their employment contracts and that sued the competitor/new employer for tortious interference with employment contracts and customer relationships.  At the conclusion of a nine-day jury trial, plaintiff prevailed on its claims and was awarded compensatory and punitive damages and attorneys’ fees and cost.  The action was pending in the United States District Court for the Southern District of Florida. 

Defending ERISA Retaliation Claim by Obtaining Summary Judgment (Lead Counsel):  Served as lead counsel for a large maritime transportation company (the employer) that was sued by its then-current employee for breach of a fiduciary duty under Section 502(a)(2) of ERISA and Section 502(a)(3) of ERISA.  Summary judgment obtained in favor of defendant on all counts.  The action was pending in the United States District Court for the Southern District of Florida.