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Madsen Law P.A.

New York and Florida Litigators

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Madsen Law P.A. Successfully Defends U.S. Park Police Officer

The U.S. District Court for the Southern District of New York dismissed all claims brought by plaintiff Antonio Madera against U.S. Park Police officer Metehan Egilmez, whom Madsen Law P.A. represented in Madera v. United States, et al., No. 24-cv-2903 (PKC).  Madera had alleged that Officer Egilmez, along with other Park Police officers and NYPD personnel, used excessive force, falsely arrested him, denied him medical treatment, and conspired to violate his constitutional rights during a January 2020 incident in Lower Manhattan.  He brought claims under 42 U.S.C. § 1983; Bivens v. Six Unknown Fed. Narcotics Agents; and the New York City Human Rights Law (NYCHRL).  

On April 5, 2025, U.S. District Judge P. Kevin Castel ruled that Officer Egilmez could not be sued under Section 1983 because he had acted in his capacity as a federal agent, and not a state actor, when effectuating Madera’s arrest.  Judge Castel also held that Madera’s claims did not fall within the narrow scope of Bivens remedies, and that the Park Police’s internal complaint process constituted an adequate alternative remedy.  Lastly, the court dismissed the NYCHRL claim, reasoning that law enforcement activities like arrest and detention do not constitute denial of a public accommodation under that statute.  Please click here to read the court’s decision.

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Madsen Law P.A. is Now Serving New York and Florida

October 2024 – Madsen Law P.A. is pleased to announce the expansion of its practice to Florida.  Our tradition of providing effective legal representation to clients in high-stakes litigation continues, now in two jurisdictions.  We are incredibly excited to bring to the Sunshine State our proven record of excellence in litigating a broad range of disputes, including commercial and governmental matters.

Madsen Law P.A. was founded in 2013 by Bertrand Madsen, a former federal prosecutor from the Southern District of New York with significant experience at handling disputes in arbitration proceedings, and in federal and state courts. 

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Top Rated Business Litigation Attorney for the 7th Consecutive Year

Madsen Law P.A. is proud to announce that Bertrand Madsen was named a “Super Lawyer” in 2022 for the seventh consecutive year by Thomson Reuters’ attorney rating service Super Lawyers. Mr. Madsen was selected “Top Rated Business Litigation Attorney in New York” in recognition for his experience, expertise, and exceptional representation of the firm’s clients in business litigation.

Super Lawyers provides an annual rating of attorneys from over 70 practice areas. Super Lawyers uses a patented process to select attorneys who achieve excellence in their areas of practice, including independent research, peer nominations, and evaluations. In all, only 5% of nominated attorneys are ultimately designated “Super Lawyers.”

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Madsen Law P.A. Scores Victory for Foreign Bank

Madsen Law P.A. recently scored a victory on behalf of its client Banque de l’Union Haïtienne (BUH) – a bank located in the Republic of Haiti – and defeated a plaintiff’s attempt to have the New York Supreme Court recognize a foreign judgment.  In the case Dominique Richard v. BUH et al., No. 157915/2020 (Hagler, J.S.C.), the plaintiff sought the confirmation of a judgment exceeding $7 million that had been rendered in her favor by the Cour d’Appel de Port-au-Prince in litigation over a series of land purchases in Haiti.  On behalf of BUH, Madsen Law P.A. argued that the foreign judgment was not “final, conclusive and enforceable where rendered” as contemplated by the Uniform Foreign Country Money-Judgments Recognition Act (CPLR Article 53), and thus not subject to recognition in New York.  Through expert witness testimony and documentary evidence, Madsen Law P.A. demonstrated that the plaintiff had not complied with Haitian law relating to judgment enforcement procedures in Haiti, and that the judgment was not final in Haiti because it was still being challenged before the country’s highest court, the Cour de Cassation.  On April 11, 2022, Justice Hagler agreed, finding that BUH’s challenges to the foreign judgment put the burden on the plaintiff to establish that the New York court had personal jurisdiction over BUH, which she failed to do.  The court therefore dismissed the case in its entirety.

Madsen Law P.A. worked with co-counsel, Heidi Wendel of the Law Office of Heidi A. Wendel PLLC, on this matter.

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Madsen Law P.A. Wins Litigation Over Convertible Promissory Note

Madsen Law P.A. won a commercial litigation in New York federal court, in which we represented an investment firm in a dispute with a publicly-traded company. The case stemmed from a breach of a convertible promissory note issued in favor of our client.  The note was “convertible” because it allowed our client to convert, at a discount, any portion of the money owed on the note to shares of the issuer’s common stock.  When our client exercised the right of conversion, the issuer failed to deliver its stock.  The case raised complex issues under New York law.  The issuer maintained that the note was void ab initio because specific features of the note allegedly caused its effective annual interest rate to exceed 25%, in violation of New York’s criminal usury laws.  Madsen Law P.A. successfully defeated the issuer’s motion to dismiss, conducted targeted discovery, and swiftly moved for summary judgment.  On August 23, 2019, Colleen McMahon, Chief Judge of the United States District Court for the Southern District of New York, ruled in our client’s favor and awarded it full damages, including fees and costs of litigation.

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Madsen Law P.A. Obtains Dismissal of Federal Cases Alleging Violation of the United States Constitution

Madsen Law P.A. successfully obtained the dismissal of two federal cases brought against its clients alleging violations of the cruel and unusual punishment clause of the Eighth Amendment of the United States Constitution.  In Buekas v. Linaweaver et al., No. 14 Civ. 9457 (LAK)(FM) (S.D.N.Y.), we represented the warden of a federal prison in Manhattan in a lawsuit brought by current and former inmates who claimed that the warden and other prison staff members subjected them to harsh working conditions for approximately eighteen hours to repair a malfunctioning pump and to clean an unsanitary flood in the prison’s basement, posing an unreasonable and unjustifiable risk of harm to their health.  Adopting the arguments put forth by Madsen Law P.A., U.S. Magistrate Judge Frank Maas recommended that the complaint be dismissed because, among other things, the warden was immune from suit pursuant to the doctrine of qualified immunity.  U.S. District Judge Lewis A. Kaplan agreed and dismissed the lawsuit in its entirety.

In Gjini v. United States et al., No. 16 Civ. 3707 (KMK) (S.D.N.Y.), the estate of an inmate who committed suicide filed a lawsuit against our client, the psychologist of a federal detention center, alleging that the psychologist had been deliberately indifferent to the inmate’s medical needs.  On June 15, 2017, U.S. District Judge Kenneth M. Karas dismissed the lawsuit after Madsen Law P.A. argued in a motion to dismiss that its client had actively cared for the inmate and had acted promptly in attending to his mental health needs.

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