Timothy Powers O'Neill Email & Phone Number

West Palm Beach, Florida, Us

Business litigation attorney representing firms and individuals in commercial, business, intellectual property, appellate, estate and trust litigation, and real estate litigation. Pike and Lustig, LLP also specialize in personal injury matters.Arbitrator for the Florida Bar Grievance Mediation & Fee Arbitration Program

North Palm Beach, Florida, Us

Business litigation attorney representing firms and individuals in commercial, business, intellectual property, appellate, estate and trust litigation, and real estate litigation. The Areas of Practice of Cohen Norris:The Firm engages in the practice of law primarily as it pertains to real estate, commercial transactions, and litigation. However, the firm is experienced and practices in all areas; Real Estate, Commercial, Partnership, Limited Liability Company, Administrative Agency Practice, Taxation, Probate Administration, Wills Trusts, Estate Planning, Trial Practice, Appellate Practice, Construction Lien Law.Representative cases:Bamapov, v. Amuial. 2021 WL 359632 (11th Cir. February 3, 2021)(Drafted Answer Brief and obtained affirmance of a motion to dismiss based upon shotgun pleadings.) 411 Kitchen Cabinets LLC v. King of Kitchen & Granite Inc., No. 16-80206-Civ-Rosenberg/Bran, 2016 U.S. Dist. LEXIS 148557 (S.D. Fla. Oct. 24, 2016)(Obtained a favorable ruling on a motion to dismiss claims for trademark infringement.) Murphy v. American General Life Insurance Company, 2015 WL 4379834 (C.D. California.July 15, 2015)(Successfully defended Florida Trustee clients on a motion to dismiss for lack of personal jurisdiction in California federal court.)Conducted trial on a case of first impression in federal court as to use of Fla. Stat. §56.29 Supplemental Proceedings and successor corporate liability in the BlackJet matter. Handled numerous real estate matters for both Plaintiffs and Defendants.

Business litigation attorney representing firms and individuals in: professional liability; commercial and business litigation; and appeals. Handled all aspects of pretrial matters including written discovery, depositions, and all forms of motions and discovery responses. Helped change substantive law on Florida’s Declaratory Judgment statute in the Argus Photonics case. Served as second chair during several commercial litigation trials. Engaged in all aspects of litigation including litigation budgets, pleadings, dispositive motions, discovery, mediation, and appellate work. Obtained multiple reported decisions in the Federal Courts of Florida about the Fair Debt Collection Practices Act favorable to the client. Defended securities broker whose employee engaged in a multi-million-dollar Ponzi scheme to a finding of no liability and no adverse action was taken against the professional license. Implemented overhaul of law firm technology practice including the use of database file management, FTP server for transfer of large files in discovery, and document organization software. Representative cases:Marine Resource Development Foundation, Inc. v. Moore 121 So. 3d 1072 (Fla. 3d DCA 2013).Dokumaci v. MAF Collection Services, 2011 WL 833988 (M.D. Fla. Mar 04, 2011)Ortega v. Collectors Training Institute of Illinois, Inc., Slip Copy, 2011 WL 241948 (S.D. Fla. 2011).Dokumaci v. MAF Collection Services, 2010 WL 2560024,(M.D. Fla. Jun 17, 2010) (NO. 809CV02488T24TGW)Dokumaci v. MAF Collection Services, 2010 WL 1507014, (M.D. Fla. Apr 14, 2010) (NO. 8:09-CV-02488T24TGW)Sullivan v. CTI Collection Services, No. 8:09-cv-365-T-30TGW, 2009 WL 1587588 (M.D. Fla. June 5, 2009)

Acted as first and second chair during trials of commercial litigation claims. Performed all aspects of pretrial matters including pleadings, motions to dismiss, summary judgment motions, discovery, pretrial stipulations, and jury instructions. Obtained an initial verdict (overturned by the 11th Circuit) in the Trotta case for violation of the Interstate Land Sales Full Disclosure Act (“ILSA”) and established new law whereby a violation of ILSA is a per se violation of the Florida Unfair and Deceptive Trade Practice Act. Served as defense counsel in complex copyright infringement case Microsoft v. Big Boy Distribution LLC in the Southern District of Florida. This decision was cited in amicus briefs before the United States Supreme Court in the Omega v. Costco Case. Successfully defended and settled trademark infringement matter in the District Court of Colorado in the eDirect matter.Representative Cases:Stefan v. Singer Island Condos. Ltd., 2009 U.S. Dist. LEXIS 13158 (S.D. Fla. Feb. 19, 2009); 2009 U.S. Dist. LEXIS 44553 (S.D. Fla. May 28, 2009).Jankus v. Edge Investors, L.P., 2009 U.S. Dist. LEXIS 29110 (S.D. Fla. 2009).Trotta v. Lighthouse Point Land Co., LLC, 551 F. Supp. 2d 1359 (S.D. Fla. 2008)(abrogated in part by 2009 U.S. App. LEXIS 5473 (11th Cir. Fla. Mar. 16, 2009)).Microsoft v. Big Boy Distribution, LLC, 589 F. Supp. 2d 1308 (S.D. Fla. 2008). Skinner v. Skinner, 977 So. 2d 590 (Fla. 4th DCA 2008). Okuma Nutritionals, LLC v. eDirectSoftware, 2007-cv-02010 (D. Col. 2007).Nonprofit Technologies, Inc. v. Blake, 2008 U.S. Dist. LEXIS 33338 (S.D. Fla. 2007).Towe v. Master Builders of Fla., LLC, 2008 U.S. Dist. LEXIS 24856 (S.D. Fla. 2008).

Representative Cases:Cyberguard Corporation v. Servgate Technologies, Inc. 04cv05214 (N.D. Cal. 2004).State Farm Fire & Casualty Company et al v. Bishai, M.D., P.C. et al. 04cv01882 (M.D. Fla. 2004).

Miami, Florida, Us

Managed pretrial discovery phase of civil cases referred by United States District Court Judge Daniel T.K. Hurley. Drafted orders and reports and recommendations concerning attorney’s fees, preliminary injunctions, and discovery rulings.Drafted orders:Analyzing Bail Reform Act, 18 U.S.C. §3142;Resolving Discovery Disputes, Preliminary Injunctions, and Attorney's fee applications for all cases of the paired United States District Court Judge.

Buffalo, New York, Us

Representative cases: Argus Photonics Group, Inc. v. Dickenson, 841 So. 2d 598 (Fla. 4th DCA 2003), review denied by 851 So. 2d 728 (Fla. 2003).South FL Kinetics v. Elsai Inc, 02-cv-22463 (S.D. Fla. 2002).Hasim Raham v. Lennox Lewis, 02-cv-23517 (S.D. Fla. 2002).

Advised clients on complex liability, property, and marine insurance policies. Authored coverage opinions and memoranda of law interpreting policy provisions for use by insurance adjusters. Argued various complex motions in support of firm’s insurance litigation division.

Drafting opinions and performing legal research for the Civil Division of the Circuit Court.Oversee ten other staff attorneys working for the Circuit Court.

Doctor Of Law - Jd, Law

Bs, Theatre, Pre-Law

English Literature (British And Commonwealth) University Of Evansville Study Abroad Program

Education record