Florida Jury Awards $50M in DNA Misuse Case

A Palm Beach neighborhood feud that began over a decade ago culminated in a $50 million jury verdict, marking one of the largest awards linked to the misuse of DNA evidence in civil litigation. Former Marvel Entertainment CEO Isaac “Ike” Perlmutter and his wife, Laura, were awarded damages after a Florida jury found that neighbor Harold Peerenboom and attorney William Douberley conspired to obtain and test Laura Perlmutter’s DNA without consent.

The dispute traces back to 2012, when Peerenboom’s executive recruitment firm, Mandrake, terminated a vice president who later allegedly circulated anonymous letters accusing Peerenboom of serious misconduct. Seeking to identify the author, Peerenboom allegedly collected DNA from the letters and attempted to tie the samples to the Perlmutters, whom he regarded as adversaries from prior neighborhood disputes.

The Alleged DNA Collection Scheme

According to court filings, Peerenboom and Douberley orchestrated a deceptive plan to acquire the Perlmutters’ genetic material during a deposition in an unrelated case. A retired crime scene technician, posing as an observer, allegedly collected water bottles used by the Perlmutters to obtain DNA samples. The collection was conducted without their consent or disclosure of intent, an act that attorneys later argued constituted a violation of privacy and abuse of forensic processes.

Attorney Josh Dubin, who represented the Perlmutters, described the misuse of forensic science as particularly egregious, stating that DNA evidence is regarded as “the holy grail” of modern criminal investigation. He emphasized that distorting such evidence “should have consequences,” underscoring the broader implications for forensic integrity.

Jury Findings and Award

After a three-week trial in the 15th Judicial Circuit Court in West Palm Beach, jurors deliberated for approximately three hours before finding Peerenboom and Douberley liable for conspiracy to commit conversion and abuse of process. The jury also determined that Peerenboom defamed Laura Perlmutter by providing false statements to reporters linking her to the anonymous letter campaign.

Jurors awarded Laura Perlmutter $50 million on the defamation count alone. The couple also received $16,000 in damages for abuse of process and a nominal $11 for conspiracy to engage in conversion. The punitive damages portion of their claim had been removed earlier in the proceedings by the Florida Fourth District Court of Appeal, but a separate appeal remains pending before the Florida Supreme Court.

Ongoing Legal Proceedings and Potential Appeal

Peerenboom’s legal team, led by attorneys from Wicker Smith O’Hara McCoy & Ford PA, signaled that an appeal is under consideration. Counsel stated that while they respected the jury process, they disputed the defamation verdict as “unsupported by the evidence presented at trial.” Douberley’s counsel has not publicly commented on the outcome.

The Florida Supreme Court heard oral arguments in October regarding whether the Perlmutters’ punitive damages claim should proceed. If the court rules in their favor, a separate trial could address the issue of punitive damages based on the alleged intentional misuse of genetic material.

Broader Implications for Forensic Privacy

The case has drawn national attention for its focus on privacy and the ethical use of forensic evidence outside of law enforcement contexts. The unauthorized collection of DNA, particularly in civil or personal disputes, raises significant questions regarding privacy protections, consent, and potential civil liability.

Legal analysts have noted that the verdict may encourage courts to apply heightened scrutiny to cases involving genetic testing obtained without informed consent. It also highlights potential exposure for attorneys and investigators who employ forensic methods in non-criminal disputes.

In the aftermath of the litigation, the Perlmutters established The Perlmutter Center for Legal Justice at the Cardozo School of Law. The center, led by Dubin, advocates for reforms in forensic science and the prevention of wrongful convictions — extending the lessons of their case into systemic legal reform efforts.

Case Details

Case Name: Isaac Perlmutter et al. v. Harold Peerenboom et al.
Court Name: 15th Judicial Circuit Court of Florida (Palm Beach County)
Case Number: 2013-CA-015257
Plaintiff Attorney(s): Joshua E. Dubin, Esq. PA; Black Srebnick
Defense Attorney(s): Wicker Smith O’Hara McCoy & Ford PA; Manuel Kushner Law Firm PLLC; Jones Foster PA; Sellars Marion Bachi & Contri PA; Kreusler-Walsh Varas & Serafin PA