León Cosgrove

Scott B. Cosgrove

SCOTT B. COSGROVE IS A FOUNDING PARTNER OF LEÓN COSGROVE, LLC AND A CHAMBERS-RANKED TRIAL LAWYER FOCUSING ON COMPLEX COMMERCIAL LITIGATION. HIS REPRESENTATIONS INVOLVE ALL MANNER OF COMMERCIAL DISPUTES, INCLUDING FINANCIAL SERVICES LITIGATION, FIDUCIARY DUTY, FRAUD, PARTNERSHIP, INTELLECTUAL PROPERTY, AND DECEPTIVE/UNFAIR TRADE PRACTICE CLAIMS.

Mr. Cosgrove is praised by Chambers for the “commercial sophistication” he brings to a “wide range of complex litigation” involving “IP, unfair trade practices and financial services disputes.” The Daily Business Review selected him one of South Florida’s “Most Effective Lawyers” on three separate occasions for his work on Berry et al., v. Budget Rent A Car Systems, Inc. (2007), In re NationsRent Rental Fee Litig., (2009), and most recently, CDR Créances, S.A.S. v. Leon Cohen et al., (2011). By age 34, Florida Trend Magazine named Mr. Cosgrove a “Legal Elite” – an honor bestowed upon the top 2% of Florida attorneys as voted by their peers, with an average age of 55. He has been named one of Florida’s “Top 100” attorneys by 2016 Florida Super Lawyers, and maintains an AV rating by Martindale-Hubbell.

Prior to co-founding León Cosgrove, Mr. Cosgrove was a partner in a renowned litigation boutique.

His recent trial successes include the defense of a multi-count dispute in which the plaintiff claimed a 50% interest in assets totaling $75 million. After a three-week trial, a complete defense verdict was returned in favor of Mr. Cosgrove’s client. In 2011, he represented CDR Créances, S.A.S., a French-government instrumentality charged with realizing the assets of an insolvent French bank. After a three-day evidentiary hearing on a heightened “clear and convincing” burden, Mr. Cosgrove and his former firm partner persuaded the trial court to strike the defendants’ pleadings for fraud on the court. The client received a judgment ordering the defendants to relinquish property valued in excess of $120 million. The judgment was affirmed on appeal. In 2013, Mr. Cosgrove defended the president of a corporation in a shareholder derivative action claiming corporate misuse of $9 million. The jury returned a $0.00 verdict on the derivative claims.

Representations

General Commercial Litigation
Cellco Partnership d/b/a Verizon Wireless v. Jason Hope et al.: Represented Verizon Wireless in the trial court (U.S. District Court for the District of Arizona) and on appeal (U.S. 9th Circuit Court of Appeals), obtaining a preliminary injunction and extremely favorable settlement. The preliminary injunction was applicable nationwide in Verizon Wireless’ favor against a defendant company and its principals, on the grounds that they had engaged in a complex fraud against Verizon Wireless and its customers by fraudulently obtaining access to Verizon’s network in order to market their premium text messaging services to Verizon’s customers through unauthorized and deceptive websites.

CDR Créances, S.A.S. v. Leon Cohen et al.: Representing CDR Créances, S.A.S., a French-government instrumentality charged with realizing the assets of an insolvent French bank. Obtained an order striking the defendants’ pleadings for fraud on the court, and a final judgment ordering the surrender of property valued in excess of $120 million. The final judgment was affirmed on appeal.

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CDR Créances, S.A.S. v. Blue Ocean Finance, Ltd.: Representing CDR Créances S.A.S. in fraud action against several individuals and their alter-ego entities. Mr. Cosgrove argued the motion for summary judgment, and convinced the trial judge to grant summary judgment in his client’s favor, totaling $268 million. The judgment was affirmed on appeal.

Jardus et al., v. Kavoura et al.: Defended several entities in a dispute with assets allegedly exceeding $75 million. After a three week trial, a complete defense verdict was returned in favor of Mr. Cosgrove’s client.

John Hinde, Ltd. et al., v. Levy Marketing, Inc. (S.D. Fla. 2005): Represented a leading international manufacturer of children’s novelty items in this copyright infringement case. Within days of being retained to pursue parties allegedly selling counterfeits of the clients’ products, Mr. Cosgrove obtained an ex parte TRO enjoining any further sales by the defendant and authorizing the seizure (with the help of U.S. Marshals) of the offending goods. Once counterfeits were found, Mr. Cosgrove forced a settlement that included destruction of all inventory, a recall of all goods previously sold, a permanent injunction, and a substantial payment to the client.



Class Actions
In re CarMax Rental Fee Litigation (S.D. Fla. 2010): Represented CarMax in a putative class action alleging illegal billing practices. Mr. Cosgrove called the plaintiff’s counsel and explained his theory was simply wrong. Plaintiff’s counsel agreed to dismiss the lawsuit before the filing of a responsive pleading was due.

Romano v. Motorola, Inc., (S.D. Fla. 2007): Defended Motorola against putative class action alleging that Motorola’s RAZR phone was sold with a defective battery. The individual named plaintiff’s claim was settled, and the case was dismissed.

In re NationsRent Rental Fee Litigation (S.D. Fla. 2006): Represented a leader in the heavy rental equipment industry regarding the imposition of environmental fees and damage waiver fees. Mr. Cosgrove defeated class certification on the damage waiver fee aspect of the claim, and settled the environmental fee aspect by providing increased disclosures on the rental ticket (no payment to the class).

Berry et al., v. Budget Rent A Car Systems, Inc. (S.D. Fla. 2006): Represented Budget Rent A Car Systems in a putative class action alleging violations of consumer protection statutes. Budget Rent A Car’s potential exposure exceeded $150 million. Mr. Cosgrove obtained a dismissal with prejudice of plaintiffs’ claims.

Scheck Investments, L.P. et al., v. Viatical Benefactors, LLC et al. (S.D. Fla. 2004): Represented RBC Centura Bank in this class action, which alleged that the bank was a co-conspirator in a billion-dollar Ponzi scheme. After convincing the Magistrate Judge to issue a Report and Recommendation for dismissal with prejudice, plaintiffs voluntarily agreed to dismiss the bank as a defendant.

Stelter et al., v. Panthers BRHC, Ltd., et al.; Bebergal et al., v. Panthers BRHC, Ltd. (Palm Beach County Circuit Court 2002): Defended the Boca Raton Hotel and Club in a putative class action lawsuit regarding the service charge collected from hotel guests. Obtained dismissal of plaintiffs’ amended complaint, with prejudice.



Reported Decisions
Empire World Towers, LLC v. CDR Créances, S.A.S., 89 So. 3d 1034 (Fla. 3d 2012)

Kavouras v. Mario City Restaurant Corp., 88 So. 3d 213 (Fla. 3d DCA 2011)

Cellco P’ship v. Hope, et al., 2012 WL 605801 (D. Ariz., July 26, 2011)

Premier Real Estate Holdings, LLC v. Butch, 24 So. 3d 708 (Fla. 4th DCA 2010)

Berry v. Budget Rent A Car Systems, Inc., 497 F. Supp. 2d 1361 (S.D. Fla. 2007)

In re NationsRent Rental Fee Litigation, 2009 WL 636188 (S.D. Fla. February 24, 2009)

Romano v. Motorola, Inc., 2007 WL 4199781 (S.D. Fla. November 26, 2007)

Dasma Investments, LLC v. Realty Associates Fund III, L.P., 459 F. Supp. 2d 1294 (S.D. Fla. 2006)

Padron Warehouse Corp., v. The Realty Associates Fund III, L.P., 377 F. Supp. 2d 1259 (S.D. Fla. 2005)

Fiscal Operations, Inc. v. Metropolitan Dade County, 808 So. 2d 1287 (Fla. 3d DCA 2002)