Garth T. Yearick

Garth Yearick has extensive experience in antitrust litigation, complex commercial litigation, and product liability litigation.

Garth is a part of the firm's antitrust cartel recovery practice, and in this capacity, he represents a range of corporate clients in multidistrict litigation in federal courts across the country.

He has also represented drug and medical device manufacturers, chemical manufacturers, and other product manufacturers in personal injury actions in state and federal court.

Garth also has handled a wide variety of commercial litigation matters, including breach of warranty claims, Florida Deceptive and Unfair Trade Practices claims, trade secret claims, consumer class actions, and other statutory claims and business torts. He also has experience in litigating commercial claims involving unique issues relating to computer technology and internet website development.

He has also served as appellate counsel in matters before Florida's Third and Fourth District Courts of Appeal and the U.S. Court of Appeals for the Eleventh Circuit.

Experience

Removal issues; Class Action Fairness Act. Bouldry v. C.R. Bard, Inc., 909 F. Supp. 2d 1371 (S.D. Fla. 2012).

Obtained order granting summary judgment in favor of third-party defendant on indemnity, contribution, and breach of implied warranty counts. Zurich American Insurance Co. v. Hi-Mar Specialty Chemicals, LLC, No. 9:08-cv-80255, 2012 WL 443229 (S.D. Fla. Feb. 10, 2012).

Obtained dismissal of negligent misrepresentation claim against third-party defendant with prejudice. Zurich American Insurance Co. v. Hi-Mar Specialty Chemicals, LLC, No. 9:08-cv-80255, 2010 WL 298392 (S.D. Fla. 2010).

Obtained affirmance of denial of motion to set aside judgment in favor of Morgan Stanley. Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., 20 So. 3d 952 (Fla. 4th DCA 2009).

Obtained dismissal of negligence and strict liability counts with prejudice pursuant to Florida's economic loss rule. Zurich American Insurance Co. v. Hi-Mar Specialty Chemicals, LLC, No. 9:08-cv-80255, 2009 WL 1851124 (S.D. Fla. 2009).

Obtained reversal of $1.58 billion verdict due to improper damages expert testimony. Morgan Stanley & Co. v. Coleman (Parent) Holdings, Inc., 955 So. 2d 1124 (Fla. 4th DCA 2007).

Obtained dismissal of complaint with prejudice involving ADA and airline website; dismissal of appeal due to preservation issues. Access Now, Inc. v. Southwest Airlines Co., 227 F. Supp. 2d 1312 (S.D. Fla. 2002), appeal dismissed by 385 F.3d 1324 (11th Cir. 2004).

Speaking Engagements

Bench Bar Conference, Federal Session, Palm Beach County Bar Association (March 10, 2017)

"Forensic Discovery of Electronic Data," Florida Association for Women Lawyers Luncheon (March 13, 2013)

"Tackling E-Discovery: Creating Effective Policies and Processes," Counsel to Counsel Forum (March 27, 2007)

Blog Posts

Honors & Recognitions

The Best Lawyers in America (2025–2027)

Most Effective Lawyers Award, Daily Business Review (2016)

Top Lawyers, South Florida Legal Guide (2013–2016)

Up & Comers, South Florida Legal Guide (2008–2012)

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Professional & Community Involvement

Garth is involved in the federal and local bar in South Florida. He serves on the U.S. District Court for the Southern District of Florida's Ad Hoc Committee on Attorney Admissions, Peer Review, and Attorney Grievance. He is a member of the Florida Bar and the Palm Beach County Bar Association, where he served on the Technology Committee and on the fundraising committee for the association's educational program and exhibits for the Fifteenth Circuit's Historic Courthouse. He has also volunteered as a facilitator and attorney coach for the federal judiciary's Civil Discourse and Difficult Decisions program.

Garth is a past president of the Federal Bar Association's Palm Beach County chapter. He also served the chapter as vice president, secretary, treasurer, and national delegate, chaired its Federal Court Orientation Committee, which runs the chapter's annual Federal Court Orientation Program, and served on its Naturalization and Technology committees.

In the American Bar Association's Litigation Section, Garth served as associate editor, executive editor, editor in chief, and senior editor of Litigation News, writing more than 30 articles for the publication. He also co-chaired First Chair Press. He was appointed to the Ethics and Professionalism Committee, the Task Force on the Attorney-Client Privilege, and the Section Chair's Special Committees on Technology Issues and on the Publishing Summit.

Garth has been a leader of the federal bar in Palm Beach County and a longtime editor and writer for the national litigation bar, and he has helped oversee attorney admissions and discipline in the Southern District of Florida. His appellate wins include reversal of a $1.58 billion verdict.