Barry S. Balmuth

Attorney Profile

Top Rated Eminent Domain Attorney in Palm Beach Gardens, FL

Barry S. Balmuth, P.A.
 | The Oaks Center, 2505 Burns Road
Palm Beach Gardens, FL 33410
Phone: 888-467-9031
Fax: 561-366-2650
Selected to Super Lawyers: 2006 - 2007, 2010 - 2019
Licensed Since: 1990
Practice Areas:
  • Eminent Domain (30%),
  • Consumer Law (30%),
  • Employment Litigation: Plaintiff (20%),
  • Personal Injury - General: Plaintiff (10%),
  • Business Litigation (10%)
Attorney Profile

Attorney Barry S. Balmuth is the founder and owner of the Barry S. Balmuth, P.A., law firm in Palm Beach Gardens, Florida. Board-certified as a specialist in civil trial law and business litigation law by The Florida Bar and possessing more than 29 years of legal experience, Mr. Balmuth represents the rights and interests of a diverse range of clients throughout the state who are dealing with complex legal challenges involving any of the following:

·        Eminent domain and condemnation matters

·        Consumer law

·        Plaintiff employment law litigation

·        Plaintiff personal injury claims

·        Business litigation

As a trial attorney, Mr. Balmuth has achieved notable success advocating on behalf of his clients in state, federal and appellate courts throughout his region. He has helped secure millions of dollars in settlements and awards for his plaintiff clients, earning his membership in the Million Dollar Advocates Forum. Recognized for his impeccable professionalism and exceptional legal abilities, Mr. Balmuth holds an AV Preeminent peer review rating* from Martindale-Hubbell, and he has received numerous other accolades from his peers, as well as many positive reviews and referrals from his satisfied clients.

Mr. Balmuth obtained both his Juris Doctor and his Master of Business Administration from Emory University in Atlanta, Georgia, in 1990. The Florida Bar admitted him to practice that same year, and he is also admitted to practice before the U.S. District Courts for the Northern, Southern and Middle Districts of Florida, along with the U.S. Bankruptcy Courts in those districts, as well as before the U.S. Court of Appeals for the 11th Circuit.

A recognized leader in his legal community, Mr. Balmuth once served as chair and vice chair for The Florida Bar's Eminent Domain Committee, and he has served on various committees and continuing legal education sections of the Palm Beach County Bar Association. He is also a member of the National Association of Consumer Advocates and the Palm Beach County Justice Association, among his other professional affiliations.

 
Practice Areas
Lawyer Practice Area Pie Chart

Eminent Domain (30%)

Consumer Law (30%): Consumer Protection

Employment Litigation (20%): Employment Discrimination, Wrongful Termination

Personal Injury - General (10%): Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Trucking Accidents, Premises Liability - Plaintiff

Business Litigation (10%)

Focus Areas

Consumer Protection, Employment Discrimination, Wrongful Termination, Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Trucking Accidents, Premises Liability - Plaintiff

Selections

Selected to Super Lawyers for 12 yearsbottom-image

Super Lawyers: 2006 - 2007, 2010 - 2019

Certificates and Credentials

Florida Bar Board of Legal SpecializationFlorida Bar Board of Legal Specialization

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About Barry Balmuth

Admitted: 1990, Florida

Professional Webpage: https://www.flboardcertifiedlawyer.com/attorney-profile/

Honors/Awards:

  • Listed in Super Lawyers Magazine for 10 years in the Florida edition and 5 years in the business edition
  • Life Member, Million Dollar Advocates Forum
  • AV Rated, Martindale Hubbell, 2003

Special Licenses/Certifications:

  • Florida Bar Board Certified Civil Trial Law, 2001
  • Masters in Business Administration form Emory University, 1990
  • Florida Bar Board Certified Business Litigation Law, 2002

Bar/Professional Activity:

  • U.S. Bankruptcy Court for the Northern District of Florida
  • U.S. Bankruptcy Court for the Middle District of Florida
  • Past Chair and past Vice-Chair of the Florida Bar Eminent Domain Committee; past Chairman of the Circuit Civil Court Practice, the Business Litigation CLE, Attorney/Accountant Liaison, and Environmental, Land Use, and Eminent Domain CLE Committees of the Palm Beach County Bar Association; past Treasurer of the Craig S. Barnard American Inn of Court LIV; past Vice-Chairman of the Sunfest Risk Management Committee; past President of the Phi Delta Theta Alumni Association, Palm Beach County Chapter; Member, National Association of Consumer Advocates; Member, Palm Beach County Justice Association
  • U.S. Bankruptcy Court for the Southern District of Florida
  • U.S. District Courts for the Northern Districts of Florida
  • U.S. District Courts for the Middle Districts of Florida
  • U.S. District Courts for the Southern Districts of Florida
  • U.S. Court of Appeals, Eleventh Circuit
  • Florida Bar, 1990

Pro bono/Community Service:

  • Past Vice-Chairman, Sunfest Risk Management Committee

Scholarly Lectures/Writings:

  • “Recent Trial Update-Richard Williams v. First Advantage,” National Association of ConsumerAND Advocates 2017 Fair Credit Reporting Act Conference Agenda, April 2017; “Practical and Ethical Use of Experts Including Defeating a Daubert Challenge,” CLE International Land Use Law Seminar, August 2016 and Eminent Domain Seminar, October 2015; “Mock Client Interview and Discussion,” Palm Beach County Bar Association’s Bankruptcy Law CLE Committee’s Nuts and Bolts of Bankruptcy Practice Seminar, December 2012; "Case Law Update," Association of Eminent Domain Professionals' Seminar/Meeting, March 2012; “Practical, Legal and Ethical Considerations in the Use of Experts,” Commercial and Business Litigation Continuing Legal Education Committee of the Palm Beach County Association’s Practical, Legal, and Ethical Considerations in the Use of Experts Seminar, May 2010; “The Taking of Justice Breyer’s Farm: Eminent Domain Update,” Real Estate Continuing Legal Education Committee of the Palm Beach County Bar Association’s Spring Seminar, June 2006; “Participating in Condemnation Proceedings,” Half Moon, LLC’s Florida Eminent Domain: Practice and Current Issues Seminar, February, 2006; “Practicalities of Selecting and Using an Expert Witness,” Lorman Education Services’ Expert Witness: Procedures, Discovery and Trial Issues in Florida Seminar, December 2004; “Case Law Update,“ Environmental, Land Use, and Eminent Domain Continuing Legal Education Committee of Palm Beach County Bar Association’s Eminent Domain Litigation: Effective Mediation & Trial Strategy Seminar, March 2004;“Case Law Update,“ Florida Bar Eminent Domain Committee Meeting, January 2004; “Non-Monetary Benefit Attorney’s Fees,” Florida Bar Eminent Domain Committee Meeting, January 2003; “Case Law Update,” Florida Bar Eminent Domain Committee Meeting, January 2003; “Priorities Among Creditors,” Sterling Educational Services, LLC’s Creditors’ Rights and Protection of Security Interests in Bankruptcy Continuing Legal Education Seminar, September 2002; “Orders of Taking and Related Issues,” Florida Bar Eminent Domain Committee Continuing Legal Education Seminar, January 2002; “Case Law Update,” Association of Eminent Domain Professionals’ Impacts of Recent Court Cases on Valuation Continuing Education Seminar/Meeting, February 2002; “When Does Private Gain Become More than Incidental?,” Association of Eminent Domain Professionals’ Taking You Off Road with Condemnation Continuing Education Seminar/Meeting, February 2001; “Statutory Changes to Eminent Domain Procedures From a Government Attorney’s Perspective,” Florida Legal Assistants, Inc. Continuing Legal Education Seminar, May 2000; “Deadlines Abound: Statutory Changes to Eminent Domain Procedures that are Important to Real Estate Practitioners,” Environmental, Land Use, and Eminent Domain Continuing Legal Education Committee of Palm Beach County Bar Association’s Getting to the End of the Rainbow: New Pitfalls in Eminent Domain and Land Use Law Seminar, March 2000; “Summary of Palm Beach County v. Cove Club Investors,” Florida Bar Eminent Domain Committee Meeting, June 1999; “The Private Property Rights Protection Act of 1995: A Government Legal Perspective,” Environmental, Land Use, and Eminent Domain Continuing Legal Education Committee of Palm Beach County Bar Association’s Litigation & ADR Under the New Private Property Rights Act Seminar, March 1996.

Verdicts/Settlements:

  • $1,175,00 recovery plus the relocation of a 2.88 acre retention pond which relocation added up to $360,000 in value to the owner’s remaining property for a total monetary and non-monetary recovery by the client of $1,535,000. The initial offer was $614,000 and, therefore, there was an increase of $921,000 or 150%. This settlement occurred only after Mr. Balmuth defeated the proposed taking by the condemning authority where it refused to properly consider his client’s initial request to relocate the pond. The court found the condemning authority was not acting reasonably., 2014
  • $2,365,000 recovered for a taking of agricultural land in St. Lucie County where the original offer was $1,804,850 resulting in a $561,000, or 31%, increase in compensation., 2017
  • Over $2,500,000 recovered for major oil company property owner for partial taking of its gas station property, an increase of more than $120,000 over the amount originally offered. The recovery included an award of $500,000 in business damages. , 2015
  • Branch Banking & Tr. Co. v. Hamilton Greens, LLC, 2017 WL 3393352 (11th Cir. 2017); Starling v. Board of County Commissioners, 602 F.3d 1257(11th Cir. 2010); Palm Beach County v. Cove Club Investors, Ltd., 734 So.2d 379 (Fla. 1999); Sunshine Properties, L.L.C. v. State, Department of Transportation, 900 So.2d 714 (Fla. 4th DCA 2005); Moore v. Palm Beach County, 731 So.2d 754 (Fla. 4th DCA 1999) (lead trial counsel only); Palm Beach County v. Cove Club Investors, Ltd., 692 So.2d 998 (Fla. 4th DCA 1997); Williams v. First Advantage LNS Screening Sols., Inc., 238 F.Supp.3d 1333 (N.D. Fla. 2017); Austrum v. Federal Cleaning Contractors, Inc., 190F.Supp.3d 1132 (S.D. Fla. 2016); Austrum v. Federal Cleaning Contractors, Inc., 149 F.Supp.3d 1343 (S.D. Fla. 2016); Austrum v. Federal Cleaning Contractors, Inc., 2016 WL 3526130 (S.D. Fla. 2016); Branch Banking v. Hamilton Greens, LLC, 2016 WL 3365270 (S.D. Fla. 2016), report and recommendation adopted in part, rejected in part sub nom. Branch Banking & Tr. Co. v. Hamilton Greens, LLC, 1180507CIVMARRAMATTH, 2016 WL 3251165 (S.D. Fla. 2016); Williams v. First Advantage LNS Screening Sols., Inc., 155 F.Supp.3d 1233 (N.D. Fla. 2015); Williams v. First Advantage LNS Screening Sols., Inc., 2015 WL 9690325 (N.D. Fla. 2015); Williams v. First Advantage LNS Screening Sols. Inc, 2015 WL 9690018 (N.D. Fla. 2015); Austrum v. Federal Cleaning Contractors, Inc., 2015 WL 6555081 (S.D. Fla. 2015); Austrum v. Federal Cleaning Contractors, Inc. 2015 WL 12860389 (S.D. Fla. 2015); Zamft v. Desantis, Gaskill, Smity & Shenkman, P.A., 2014 WL 11160322 (S.D. Fla. 2014); Starling v. Board of County Commissioners, 2009 WL 281051 (S.D. Fla. 2009); Starling v. Board of County Commissioners, 2009 WL 248369 (S.D. Fla. 2009); Hazara Enterprises, Inc. v. Motiva Enterprises, LLC, 126 F. Supp.2d 1365 (S.D. Fla. 2000); In re Larkin, 468 BR 431 (Bankr. S.D. Fla. 2012); In re Zaczac, 2011 WL 285681 (Bankr. M.D. Fla. 2011); In re Farkas, 343 B.R. 336 (Bankr. S.D. Fla. 2006); City of West Palm Beach v. Tyrone A. Finley, 18 F.L.W. Supp. 994b; Holiday C.V.S. v. Gary R. Nikolits, 17 F.L.W. Supp. 356 (Fla. 15th Cir. 2009); City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System, 17 F.L.W. Supp. 110 (Fla. 15th Cir. 2009); M.S.-S. V. Palm Beach County School Board, 2013 WL 1461144 (Fla. DOAH 2013).  
  • $42,000,000 recovery (plus statutory attorney’s fees and costs) for landowners in what we believe to be the largest recovery in an inverse condemnation case in Florida. This case was settled but only after a judge found Broward County liable for taking almost 7 acres of the owners' property due to flooding and loss of access and an easement for the flow of drainage over another 31 acres. The settlement occurred just before the case was to be tried to a jury to determine the amount of full compensation for the taking. We believe this to be the largest judgment in an inverse condemnation case in Florida., 2018
  • $3,550,000 jury verdict (plus statutory attorney’s fees and costs) resulting in the largest judgment ever on behalf of an individual for violations of the Fair Credit Reporting Act, where a background reporting company twice erroneously matched Mr. Balmuth’s client with criminal records in background reports prepared about the client. The best offer made by the defendant was $50,000 plus reasonable attorney’s fees and costs. The case was cited in testimony before Congress in 2017 in opposition to a bill to gut the Fair Credit Reporting Act. This case is currently on appeal., 2016

Representative Clients:

  • Palm Beach County, Palm Beach County Value Adjustment Board ("VAB"), Sunoco, Tire Kingdom, Penn Credit Corporation, City of Lake Worth, Children’s Services Council, Board of Trustees of the City of Delray Beach Police & Firefighters Retirement System, City of Pompano Beach, City of Pompano Beach C.R.A., Palm Beach County Solid Waste Authority, Hedrick Brothers Construction Co., Inc., Tri-Rail, Wantman Group, Inc., Nicklaus Golf Equipment Company, L.C., and Cone & Graham, Inc. Endorsed by Gasoline Retailers of Florida (flagas.com) to its members for legal representation.

Other Outstanding Achievements:

  • Life Member, Million Dollar Advocates Forum (milliondollaradvocates.com)

Videos:

Educational Background:

  • MBA Emory University, Merit Fellow, 1990
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Office Location for Barry S. Balmuth

The Oaks Center
2505 Burns Road
Palm Beach Gardens, FL 33410

Phone: 888-467-9031

Fax: 561-366-2650

Barry S. Balmuth:

Last Updated: 5/23/2019

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