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Law360 (April 17, 2020, 9:22 PM EDT) -- A newly-formed personal injury law firm alleges that a rival Florida firm from where two of the principals decamped is unlawfully trying to undermine their fledgling business by making doctors and health care providers choose between the two.
Upstart Demesmin & Dover PLLC contends that established personal injury firm Anidjar & Levine PA has engaged in unfair trade competition and "patient brokering" by sending draft "cease and desist" letters to the medical providers, promising them further business if they break their ties with the new firm, according to a complaint filed on April 10 in a Broward County, Florida court.
Should the medical providers not adhere to Anidjar & Levine's demands, the established firm allegedly threatened to divert future business away from the doctors and health care providers, according to the complaint. The suit also lists as defendants several individual attorneys at Anidjar & Levine along with Personal Injury Protection Lawyers PA, which Demesmin & Dover says is another name for their rival.
"Defendants bullied, intimidated and bribed the doctors and/or providers in order to ensure that these providers systematically terminated their relationship with plaintiff," the complaint reads.
Demesmin & Dover contends that Anidjar & Levine is trying to take advantage of the current COVID-19 pandemic by bullying doctors and health care providers who may be financially vulnerable with losing out on revenue should they not give in to the established firm's threats, according to the complaint.
"Defendants, through pure greed and gluttony, consciously decided to use this difficult and unprecedented time as a financial opportunity by giving numerous doctors and providers an ultimatum of immediately firing Demesmin & Dover from all previous, current and future cases, or refusing to work with them from that point forward," the complaint reads.
Demesmin & Dover seeks that the court order Anidjar & Levine to cease their activities against the upstart firm and that it pay an unspecified amount of damages, pre- and post-judgment interest and attorney fees and costs, according to the complaint.
Anidjar & Levine plans to file a counterclaim within a week, said Jeremy E. Slusher, an attorney representing the firm, in a statement to Law360 on Saturday.
"The allegations are unequivocally false, brought by two former employees who are trying to create a name for themselves by baselessly attacking others who have achieved great success in the areas they practice," Slusher said.
Counsel for Demesmin & Dover could not be reached for comment on Friday.
Demesmin & Dover is represented by Avery A. Dial and Kevin P. Yombor of Kaufman Dolowich & Voluck LLP.
Counsel information for Anidjar & Levine is represented by Jeremy E. Slusher of Slusher & Rosenblum PA.
The case is Demesmin & Dover PLLC v. Anidjar & Levine PA et al., case number CACE-20-006299, in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida.
--Editing by Jay Jackson Jr.
Update: This article has been updated with counsel information for Anidjar & Levine and with comments by an attorney representing the firm.
For a reprint of this article, please contact reprints@law360.com.
