Barry S. Balmuth

Barry S. Balmuth

Attorney Profile

Top Rated Consumer Law Attorney in Palm Beach Gardens, FL

Barry S. Balmuth, P.A.
 | The Oaks Center, 2505 Burns Road
Palm Beach Gardens, FL 33410
Phone: 866-452-9400
Fax: 561-366-2650
Selected to Super Lawyers: 2006 - 2007, 2010 - 2018
Licensed Since: 1990
Practice Areas:
  • Consumer Law (30%),
  • Eminent Domain (30%),
  • Employment Litigation: Plaintiff (20%),
  • Personal Injury - General: Plaintiff (10%),
  • Business Litigation (10%)
Attorney Profile

Let an AV rated board certified lawyer represent you.

Certificates and Credentials

Florida Bar Board CertifiedFlorida Bar Board Certified

About Barry Balmuth

Admitted: 1990, Florida

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

Honors/Awards:

  • AV Rated, Martindale Hubbell, 2003

Special Licenses/Certifications:

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

Bar/Professional Activity:

  • 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

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:

  • $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. $2,500,000 recovery of monies the South Lake Worth Inlet District, a special taxing district, attempted to dissipate upon its dissolution by the State of Florida. Mr. Balmuth’s client, Palm Beach County, was opposed by class of District taxpayers. 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. $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. $2,000,000+ jury verdict in an eminent domain proceeding for the taking of a strip of land and a staging area easement from the "Airport Centre" in Palm Beach County, Florida. The Initial offer was less than $1,000,000, an increase in compensation of more than $1,000,000, or 100% over the initial offer. Obtained order finding Broward County liable for the taking of 6.8 acre property and a flowage easement over an additional 33 acres in an inverse condemnation action. Case is still pending with jury trial of compensation upcoming. $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. $1,200,000 recovery for acquisition of 5 acres from a 50 acre agriculturally zoned vacant site in Sumter County near Wildwood, Florida even though owners had paid just $4,000,000 for whole site just two years before the taking. The initial offer was $748,000. The benefit to the owner was over $450,000 and the compensation was more than 60% over the initial offer. Recovery of the largest sum paid on a code enforcement lien in favor of Palm Beach County - $800,000. $710,000 recovery in an eminent domain proceeding for the widening of I-95 next to the City of Lake Worth, Florida's electric generating and water treatment facility where court upheld the property owner's ability to claim compensation for increased security for the plant as a result of its proximity to the road. The initial offer was $236,000 resulting in a benefit to the owner of $474,000, a 300% increase over the initial offer. $570,000 recovery in an eminent domain action for the taking of leasehold and fixtures only for lessee of grocery store in Homestead, Florida acquired for a new city hall. Since the initial offer was $343,000, the benefit to the lessee was $227,000, a 66% increase in compensation. $540,000 recovery in an eminent domain proceeding brought by Florida Gas for the acquisition of a 2.568 acre easement for the construction and maintenance of a natural gas pipeline through agriculturally zoned property with an existing gas pipeline on one side. The initial offer was just over $294,000 so the benefit to the owner was over $245,000, an increase in compensation of 83.5%. Successful Chapter 11 bankruptcy reorganization of long-time Miami Dolphins punter, Reggie Roby, including well-publicized successful effort to void his contract. Judgment for client, Board of Trustees of the Delray Beach Police and Firefighter's Retirement System in a dispute between it and the City of Delray Beach over whether pay for holding certifications, such as paramedic or EMT, are to be included in earnings on which pensions are based. Additional pension payments for firefighters as a result of this judgment has been estimated to be well in excess of $500,000. $390,000 paid in business and real estate damages to owner of a bookstore due to road widening. The initial aggregate offer was $230,000 and the benefit was $160,000, a 70% improvement in compensation. $212,500 settlement in negligent security case after Mr. Balmuth’s client fled an early morning armed robbery at a restaurant and was chased and kicked and pistol-whipped by the robber, resulting in a concussion, laceration, and mental anguish. $205,000 recovery in case involving fractured knee cap of resident at assisted living facility. The case had previously been rejected by 2 other lawyers, seemingly, because the injured woman suffered from osteoporosis and, therefore, was prone to injury. $173,000 jury verdict including $100,000 in punitive damages (plus statutory attorney’s fees and costs) in a federal race and national original discrimination case where the Florida Commission on Human Relations had previously found no cause to believe that discrimination had occurred. The prospective employer offered $800 to settle. $170,000 jury verdict for father's mental anguish in a case stemming from the wrongful death of his 23 year old son despite the fact that father had not seen his son in over 6 years and the father was in arrears in child support. This was also a very challenging liability case because the son was intoxicated when run over after walking into a street (issues of liability handled by co-counsel). Offer was $0. $140,000 recovery for client who had post concussive syndrome (symptoms included headaches) after a ceiling panel in an elevator fell on her despite no objective evidence of condition. Numerous confidential settlement in varying areas of law including a confidential settlement for franchisee of a major oil company in Federal lawsuit under a provision of federal law, the Petroleum Marketing Practices Act, which provision had not been previously interpreted by the courts. $100,000 settlement in wrongful death case based on claim that police department negligently responded to call relating to individual who subsequently committed suicide. $90,000 paid to homeowner's association for sliver of common elements taken due to road widening where offer was $33,200. Benefit to the owner was $56,800, a 268% increase. Numerous jury verdicts finding no or, in one case, ten percent, liability in wrongful death, personal injury, civil assault and battery, paramedic malpractice, civil rights, and inverse condemnation cases where defending Palm Beach County or its employees. Jury verdict of $6,000 per acre in a multi-acre/parcel eminent domain acquisition for the "Unit 11" conservation project for Mr. Balmuth's client, Palm Beach County, as acquiring entity, where owners claimed and presented evidence that property was worth $18,000 per acre while County's position was that the appropriate compensation was $5,000 per acre. The value of 200+ acres was determined by this verdict.
  • 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).  

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:

  • JD & MBA Emory University, 1990
Office Location for Barry S. Balmuth

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

 

Barry S. Balmuth:

Last Updated: 1/4/2018

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