Joseph M. Kaye
Class Action Attorney | Serving , FL
Class Action, Consumer Protection & Litigation
Biography
Joey is a Partner at The Moskowitz Law Firm. Joey’s practice focuses on multi-state consumer class action litigation, complex commercial litigation and multidistrict litigation. He has experience litigating a broad range of disputes, including consumer protection, cryptocurrency, insurance, mass tort, construction defect, products liability, federal antitrust and securities litigation matters.
Joey’s recent significant involvements include serving as a member of the Steering Committee and Co-Chair of the Briefing Committee in the multidistrict litigation arising out of the collapse of the FTX cryptocurrency exchange, litigating putative nationwide class action suits arising out of the implosion of cryptocurrency exchanges Voyager Digital and Binance, as well as numerous finally-approved nationwide class action settlements of claims of unfair and deceptive practices by large corporations in their marketing and sales of various consumer products and services, health supplements, insurance and investment products.
Joey has also been instrumental in favorably expanding the law on important areas of class action litigation for plaintiffs. In Las Olas Company Inc., et al. v. Florida Power & Light Company, et al., representing a class of businesses forced to close after contractors negligently ruptured a water main during a directional drilling operation, Joey helped The Moskowitz Law Firm attain the first reported decision since the Florida Supreme Court decided Engle v. Liggett Group, Inc., affirming a litigated certification of a liability issue class. Infratech Corp. v. Las Olas Co., 320 So. 3d 751 (Fla. 4th DCA 2021). Joey then helped the Firm attain a jury verdict finding the contractor 98% liable for the class’s damages. The 17th Judicial Circuit Court then finally approved a class action settlement that paid damages to all class members who submitted valid claims and included valuable injunctive relief.
Joey has also had great success in opposing objections to class action settlements, as in Fruitstone v. Spartan Race, Inc., (arising from Spartan Race’s business practices relating to its Racer Insurance Fee) and Collins v. Quincy Bioscience, LLC, (involving claims of purchasers of the memory improvement supplement, Prevagen), both of which resolved through nationwide class action settlements, and was involved in helping to overturn the onerous “administrative feasibility” requirement imported into the “ascertainability” standard for class certification, which benefits class action plaintiffs throughout the nation. Cherry v. Dometic, 986 F.3d 1296 (11th Cir. 2021).
Joey was also actively involved in litigating to protect the interests of victims of the collapse of the Champlain Towers South Condominium before Judge Michael Hanzman in the Miami-Dade Complex Business Litigation Division in In re: Champlain Towers South Collapse Litigation, No. 2021-015089-CA-01, which after only a year resulted in a historic class action settlement amassing a common fund of over $1.2 billion dollars to pay the claims of victims and their families.
In a putative Florida statewide class action representing skilled nursing facilities seeking to recover statutory interest owed by insurers on late paid Medicaid Long Term Care Program claims, Joey was instrumental in effectively briefing and arguing against a motion by one defendant insurer to compel individual arbitration of one of the plaintiff’s claims. Joey then co-authored the answer brief on appeal to the Third District Court of Appeal, which resulted in a written opinion upholding the trial court’s order and favorably expanding the law on arbitration in Florida for parties seeking to litigate their claims in a court of law. See Coventry Health Care of Florida, Inc. v. Crosswinds Rehab, Inc., LLC, 259 So. 3d 306 (Fla. 3d DCA 2018).
See Coventry Health Care of Florida, Inc. v. Crosswinds Rehab, Inc., LLCPrior to joining The Moskowitz Law Firm, Joey was an Attorney at a commercial litigation boutique in Aventura, Florida, where he represented businesses and individuals in a range of disputes involving breach of contract, commercial transactions, fraud, business torts, deceptive and unfair trade practices, intellectual property, probate, guardianship and trust litigation, at both the trial and appellate court levels, as well as in arbitration. For example, Joey successfully represented the plaintiffs in Oded Meltzer, et al. v. NMS Capital Group LLC, et al., Case No. 1:17-cv-23068-UU (S.D. Fla.), where plaintiffs sought a declaratory judgment that plaintiffs were not bound to an arbitration agreement they entered into as representatives of their business entities, as well as an injunction enjoining defendants from joining the plaintiffs as parties to arbitration of a multi-million-dollar dispute with those business entities. Joey obtained a preliminary injunction on the papers without a hearing, which caused the defendants to stipulate to entry of a final judgment and permanent injunction. Further, Joey authored the answer brief and litigated an appeal in Yehezkel Nissenbaum, et al. v. AIM Recovery Services, Inc., Case No. 3D15-1000 (Fla. 3d DCA 2015), which resulted in the Third District Court of Appeal issuing a per curiam affirmance upholding a final judgment exceeding $125,000. Similarly, in Dantro LLP, et al. v. In rem Dantro Fund, et al., Case No. 12-ca-001643 (Fla. 20th Jud. Cir.), after obtaining a final summary judgment entitling plaintiff limited liability partnerships to recover $90,000 from the Court Registry after it was stolen by their former managing partner, Joey successfully sought an order entitling plaintiffs to recover their attorneys’ fees and costs in maintaining the action against the former managing partner in his individual capacity as the real party in interest because he entered an appearance and sought to obtain the stolen funds for himself, purportedly on behalf of the dissolved partnerships. Joey argued and won the motion before the trial court, then successfully defended the order on appeal to the Second District Court of Appeal. See Edward Adkins v. Dantro LLP, et al., Case No. 2D16-4751 (Fla. 2d DCA 2017).
Oded Meltzer, et al. v. NMS Capital Group LLC, et al.Yehezkel Nissenbaum, et al. v. AIM Recovery Services, Inc.Dantro LLP, et al. v. In rem Dantro Fund, et al.See Edward Adkins v. Dantro LLP, et al.A life-long Florida native, Joey attained a Bachelor’s degree in Creative Writing from Florida State University (B.A., 2012) and a Juris Doctorate degree from the University of Miami School of Law (J.D., magna cum laude, 2015). While at the University of Miami, Joey was a member of the Race and Social Justice Law Review, served as Dean’s Fellow for the Contracts and Elements courses, earned the Dean’s Certificate of Achievement in Evidence and Elements courses, received honors in litigation skills, and was on the Dean’s List multiple times.
Joey also gained invaluable experience as a judicial intern for the Honorable Magistrate Judge Jonathan Goodman in the United States District Court for the Southern District of Florida, where he researched and drafted bench memoranda and reports and recommendations, and learned a great deal about the inner workings of the federal court system through observing mediations and courtroom proceedings, and discussing litigation strategies with Judge Goodman and his clerks. Joey was also a certified legal intern for the Miami-Dade State Attorney's Office, Misdemeanor Domestic Violence Division, where he successfully argued motions and took live testimony on the record in open court, including Williams Rule motions, motions to revoke bond, motions to modify stay away orders and excited utterance motions, conducted victim and witness interviews, participated in arraignment, sounding and trial calendars, and assisted in voir dire.
Joey’s attention to detail and commitment to professionalism ensure that clients will receive individualized attention and care in crafting creative legal solutions to meet their particularized needs.
Joey is a is a Member of the American Bar Association, the Florida Bar, the North Carolina Bar, the Dade County Bar Association, and is admitted to practice in the State of Florida, the State of North Carolina, the United States District Courts for the Southern, Middle, and Northern Districts of Florida, as well as the United States Court of Appeals for the Eleventh Circuit.
Joey currently resides in Pinecrest, Florida, with his wife, Melody, and daughters, Soleil and Mischa, who inspire him every day to keep fighting for those who need it most. “I can feel proud when I tell them what I do for a living, and that I do it all for them, to make the world we live in better. It’s a beautiful thing.”
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Joseph M. Kaye
Class Action, Consumer Protection & Litigation