education

University of Florida Fredric G. Levin College of Law (J.D., 1986), high honors
Harvard University (B.A., 1981), magna cum laude

related practices

related industries

Pharma & Medical Device Industry

bar admissions

Florida

court admissions

Florida State Courts
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Eleventh Circuit

E. Kelly Bittick, Jr.

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Tampa

T: 813.229.4303

F: 813.229.4133

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Kelly Bittick practices general civil and appellate litigation. His litigation experience includes business disputes (contract, business torts, and federal and state RICO claims), lender liability, administrative law, and products liability.

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Representative Matters
- Office Depot, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, 734 F. Supp. 2d 1304 (S.D. Fla. 2010), aff'd, 2011 WL 4840951 (11th Cir. Oct. 13, 2011). Summary judgment in favor of insurer on insured’s claims of over $24 million in investigation costs.
- S&B/Bibb Hines PB 3 Joint Venture v. Progress Energy Fla., Inc., 365 Fed. Appx. 202 (11th Cir. Feb. 11, 2010). Affirmed dismissal with prejudice of claims against general contractor for additional compensation due to unexpected construction costs.
- Harper Mechanical, LLC v. Hunt Const. Group, Inc., 23 So. 3d 772 (Fla. 5th DCA 2009). Affirmed grant of summary judgment for general contractor on claim for additional compensation for construction work despite release of claims.
- Sharp v. Leichus, 952 So. 2d 555 (Fla. 1st DCA 2007). Viability of cause of action against manufacturer of name brand prescription product brought by consumer who used only generic product made by another manufacturer.
- Vincent v. C.R. Bard, 944 So. 2d 1083 (Fla. 2d DCA 2006). Applicability of alternative liability theory to cause of action brought by plaintiff unable to identify manufacturer of medical device that allegedly caused injury.
- Clearview Imaging, LLC v. State Farm Mut. Auto. Ins. Co., 932 So. 2d 427 (Fla. 2d DCA 2006). Interpretation of legislation amending statutory cap on charges to PIP insurers for MRI services.
- Florida Dept. of Revenue v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). Constitutionality of law attempting to impose ad valorem taxes on municipal property used to provide two way telecommunications services to the public for hire.
- Department of Revenue v. City of Gainesville, 859 So. 2d 595 (Fla. 1st DCA 2003), rev'd, 988 So. 2d 250 (Fla. 2005). Constitutionality of law attempting to impose ad valorem taxes on municipal property used to provide two way telecommunications services to the public for hire.
- Grenitz v. Tomlian, 858 So. 2d 999 (Fla. 2003). Admissibility of expert testimony by psychologist on issue of medical causation, two-issue rule.
- Calder Race Course, Inc. v. Department of Business and Professional Regulation, 838 So. 2d 1241 (Fla. 1st DCA, 2003). Dismissal of complaint based on res judicata defense.
- Seven Hills, Inc. v. Bentley, 848 So. 2d 345 (Fla. 1st DCA 2003). Local action rule, certification of settlement class in landowners’ action against power company for allegedly exceeding scope of company’s easement by addition of fiber optic cables.
- Barbour v. Brinker Florida, Inc., 801 So. 2d 953 (Fla. 5th DCA 2001). Sufficiency of evidence in premises liability case.
- Sheehan v. Winnebago Industries, Inc., 635 So. 2d 1067 (Fla. 5th DCA 1994). Burden of proof in case under Motor Vehicles Warranty Enforcement Act.
- Gulf Power Co. v. Wilson, 597 So. 2d 270 (Fla. 1992). Propriety of PSC’s imposition of penalty for mismanagement in setting utility rates.
Pro Bono
- State v. William H. Kelly, No. CR81-0535. Proceedings by death row inmate to obtain the production of potentially exculpatory documents from the state.
- Caksackker v. State, 905 So. 2d 130 (Fla. 2nd DCA 2005) (table) (PCA). Jurisdiction of circuit court in cases brought by Statewide Grand Jury or Office of Statewide Prosecution.
- United States v. Oscar Suarez, 130 F.3d 442 (table) (11th Cir. 1997). Admissibility of affidavit by investigating officer in support of request for search warrant, as a party admission under Fed. R. Evid. 801.
- Mr. Bittick prepared, along with co-counsel from the Bazelon Center for Mental Health Law in Washington, D.C., appellate briefs in Wyatt v. Sawyer, a ground-breaking class action challenging the conditions in Alabama’s mental health and mental retardation facilities.

Publications

10.18.2011	Client Alert: Eleventh Circuit Holds No Coverage For Investigation Costs (October 2011).
04.05.2010	Co-Author, “Experts and Ultimate Issues: Looking Out for Amateur Judges and Lawyer Wannabes,” ABA Business Torts Journal, Vol. 17, No. 3 (Spring 2010).
01.30.2008	“Out of the Frye-ing Pan? The Florida Supreme Court Limits Challenges to Medical Causation Testimony,” 27 No. 2 Trial Advocate Quarterly 8 (2008).
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Professional Recognition
- AV Rated by Martindale-Hubbell
- Florida Defense Lawyers Association
  Trial Advocate Quarterly Award (2008)
  Trial Advocate Award for Best Article (2001)
Professional and Civic Activities
- Florida Defense Lawyers Association
  Board of Directors (2008-2009)
  Editorial Board of Trial Advocate Quarterly
- The Florida Bar
  Appellate Practice Section
- American Bar Association, Litigation Section
  Appellate Practice Committee
  Pretrial Practice Committee
- Hillsborough County Bar Association