Menu

Litigation and Trials


Overview

Our litigation teams are well equipped to handle the most complex business trials, arbitrations, and appeals. We have developed especially deep experience in the defense of class actions and mass actions, white collar representation, high-stakes business litigation, and government investigations. We have tried more than 1,500 cases to judgment or verdict and defended several hundred class actions across the country. We are one of only a handful of firms that have actually tried major class action cases. In the life insurance and financial product liability areas, alone, our financial services industry attorneys have handled more than 400 class actions. 

The cases we handle cut across every subject area, including consumer and business fraud, Foreign Corrupt Practice Act enforcement, contracts, shareholder disputes, antitrust, insurance, securities, products liability, construction, real estate, creditors’ rights and bankruptcy, labor and employment, intellectual property, health care, telecommunications, energy, constitutional claims, international and domestic arbitration, and federal and state governmental disputes. 

Our firm and our trial attorneys receive frequent recognition for their professional excellence and accomplishments. In the 2018 edition of U.S. News/Best Lawyers, we earned national rankings in several practices including commercial litigation.
 

Experience

  • Counsel for national construction contractor in connection with more than $100 million in claims relating to Central Florida convention center project
  • Counsel for subcontractor defending $85 million claim for failure of phosphate reservoir
  • Represent international airport authority on construction and insurance issues for multi-billion-dollar airport expansion
  • Counsel for homebuilder in class action relating to $200 million in hurricane claims involving more than 8,000 homeowners
  • Counsel for homebuilder in class action, involving site-related claims by 118 homeowners seeking more than $10 million in damages
  • Represented contractors and homebuilders in connection with Chinese drywall claims exceeding $300 million
  • Represented contractor in connection with $120 million in claims arising from luxury hotel construction
  • Represented contractor in connection with claims relating to a $200 million-plus resort in Dade County, Florida
  • Defended lead designer of space shuttle launching facility at Cape Canaveral
  • Represented lead designer of $70 million highway expansion project in Central Florida
  • Defended class action alleging underground storage tanks leaked due to construction defects; Class certification denied
  • Represented government entity on a $75-million claim arising from termination of a contractor on a waste water treatment plant; Matter involved untimely performance of defective work/delay, latent defects, bid irregularities, design defects, 255 bonds, interpretation of bid documents, plans and specifications, and errors and omissions
  • Represented government entity on a delay and construction defects claim against a paving contractor on a multi-million dollar road construction project
  • Represented government entity on a multi-million dollar claim against a general contractor for defective construction and delays arising from the construction of a water treatment plant
  • Represented regional airport authority on multiple matters, including advice during construction and representation in litigation
  • Represented county on multi-million dollar claim against design professional for defective design and contract administration arising from the construction of a water treatment plant
  • Represented county school district on a delay and defective construction claim against a general contractor arising from the multi-million-dollar high school renovation.
  • Represented construction company against numerous subcontractors involving numerous related cases arising out of hotel construction for major Orlando theme park
  • Represented construction company suing for wrongful termination of a subcontract on a construction project for a public university
  • Defended two separate lawsuits by a general contractor against subcontractor payment and performance bond sureties for defective construction, latent defects, and delay damages arising out of a luxury condominium
  • Defended a suit against a subcontractor's performance bond for latent water damage in a condominium project
  • Defended an architect against allegations of negligent design and project administration involving a commercial office and warehouse
  • Defended numerous payment and performance bond claims by community schools involving school construction
  • Defended general contractor's performance bond surety for mold and water damage to a county sheriff’s building
  • Represented bleacher designer, manufacturer, and installer in dispute where claims exceeded $14 million and involved a 75,000-seat super motor speedway; Action also involved suing engineer and foundation designer for design defects
  • Represented general contractor for breach of contract and delay damages, involving a claim that exceeded $2 million
  • Represented national heavy highway contractor against an engineering firm regarding supply of inaccurate soil data
  • Represented site contractor against developer for delay damages
  • Represented subcontractor against delay claim alleged by major theme park and general contractor
  • Represented county on multiple construction matters arising from defective construction, design, or delay
  • Represented numerous condominium associations on claims against developers, contractors, and designers arising from defective construction

All Insights

Putting the Brakes on Red-Light Camera Lawsuits

Putting the Brakes on Red-Light Camera Lawsuits

August 15, 2018

Carlton Fields attorneys helped secure the dismissal of a putative federal class action lawsuit against American Traffic Solutions, Inc.

Innovative Mass Tort Team Resolves Hundreds of Cases and Slashes Defense Costs

Innovative Mass Tort Team Resolves Hundreds of Cases and Slashes Defense Costs

August 15, 2018

A traditional defense strategy would have been time-consuming and costly. Our team had a better idea. 

Supreme Court to Resolve Copyright Registration Circuit Split

Supreme Court to Resolve Copyright Registration Circuit Split

July 2, 2018

The U.S. Supreme Court agreed to hear a case that should resolve the longstanding question surrounding what is required for a plaintiff to bring a copyright infringement claim. This article discusses the different approaches taken by the circuits and the reasons why the Supreme Court’s decision will be important.

Practical Considerations in Electronic Discovery

Practical Considerations in Electronic Discovery

July 1, 2018

Electronic discovery in litigation can be confusing and intimidating. This article is intended to provide a brief primer on the basics of electronic discovery and some practical considerations for addressing electronic-discovery related projects and issues.

Updates to Berman’s Florida Civil Procedure Flag Traps for the Unwary

Updates to Berman’s Florida Civil Procedure Flag Traps for the Unwary

June 26, 2018

Shareholders Bruce J. Berman and Peter D. Webster recently published the 20th annual edition of Berman’s Florida Civil Procedure (West Group), a leading treatise on Florida state practice and procedure.

Food for Thought: A Review of 2017 Litigation

Food for Thought: A Review of 2017 Litigation

May 24, 2018

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others relate to summary judgment.

Food for Thought: Under California Law, Individual Class Members Need Not Show Reliance on Allegedly Misleading Statements at Time of Purchase

Food for Thought: Under California Law, Individual Class Members Need Not Show Reliance on Allegedly Misleading Statements at Time of Purchase

May 18, 2018

In its latest opinion addressing class action claims related to allegedly misleading labels, the Ninth Circuit Court of Appeal held that individual class members need not show they relied on allegedly misleading statements for a proposed class action against supplement manufacturer Pharmavite LLC to proceed.

Considerations Regarding Attorney-Client Privilege in the Joint Representation of Multiple Clients

Considerations Regarding Attorney-Client Privilege in the Joint Representation of Multiple Clients

April 11, 2018

What happens when infighting arises among those who were parties to the joint representation?

Food for Thought: Starbucks Defeats Icy Class Action

Food for Thought: Starbucks Defeats Icy Class Action

March 27, 2018

The lead plaintiff alleged that Starbucks’ method of preparing its iced beverages deceives its customers by misrepresenting the amount of liquid a customer receives when he or she orders an iced drink.

Cyan Makes SLUSA Removal Proponents Feel Blue: Supreme Court Holds That Securities Act of 1933 Class Actions Can Stay in State Court

Cyan Makes SLUSA Removal Proponents Feel Blue: Supreme Court Holds That Securities Act of 1933 Class Actions Can Stay in State Court

March 22, 2018

Cyan sets – and limits – the legacy of SLUSA as affixing the federal substantive standard to class actions for securities wrongdoing against issuers and their officers and directors.

The Next Frontier of Mediation: Mediating E-Discovery Issues

The Next Frontier of Mediation: Mediating E-Discovery Issues

March 14, 2018

Who should participate in e-discovery mediation and how must practitioners prepare for the mediation?

Food for Thought: For the Second Time, California Federal Court Declines to Certify Class Action Against Baby Food Manufacturer

Food for Thought: For the Second Time, California Federal Court Declines to Certify Class Action Against Baby Food Manufacturer

February 13, 2018

Plaintiff alleged that defendant violated federal and state law by making false and misleading claims on food labels.

The Ten Commandments of Writing an Effective Appellate Brief

The Ten Commandments of Writing an Effective Appellate Brief

February 11, 2018

This article, by Carlton Fields shareholders Sylvia H. Walbolt and D. Matthew Allen, provides10 steps to follow when writing appellate briefs.

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of August 13, 2017

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of August 13, 2017

August 31, 2017

Discovery tips for proportionality, deposition conduct, production and spoliation.

The Shared Economy

The Shared Economy

August 27, 2017

Should the shared economy be regulated and if so, how?

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 31, 2017

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 31, 2017

August 21, 2017

Discovery tips for expert witnesses, sanctions, discovery costs, and corporate representative depositions.

California Vacation Vesting Ruling Highlights Importance of Clear Policy Language

California Vacation Vesting Ruling Highlights Importance of Clear Policy Language

August 1, 2017

In Minnick v. Automotive Creations, Inc., the court reaffirmed an employer’s right to have a policy whereby a worker’s entitlement to vacation pay does not vest until after their first anniversary of employment.

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 24, 2017

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 24, 2017

July 31, 2017

Discovery tips for spoliation, proportionality, ESI costs, and boilerplate objections.

Are the Bad Old Days of Blind Stonewalling in Discovery Finally Coming to a Close?

Are the Bad Old Days of Blind Stonewalling in Discovery Finally Coming to a Close?

July 21, 2017

This article compares blind stonewalling to what many consider contemporary best practices. It also provides case law you can use to support the “new way.”

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

July 21, 2017

Discovery tips for cloud computing, text messages, predictive coding and proportionality.

Florida’s First District Court of Appeal Should Abandon the Standing at Inception Rule in Mortgage Foreclosure Cases

Florida’s First District Court of Appeal Should Abandon the Standing at Inception Rule in Mortgage Foreclosure Cases

July 17, 2017

Florida’s First District Court of Appeal, in Rigby v. Bank of New York Mellon, appears to be considering receding from the “standing at inception” doctrine in the mortgage foreclosure context.

Food for Thought: How Sweet it Is…for Plaintiff Bringing Class Action Against Baby Food Manufacturer

Food for Thought: How Sweet it Is…for Plaintiff Bringing Class Action Against Baby Food Manufacturer

July 17, 2017

Plaintiff alleged that defendant violated federal and state law by making false and misleading claims on food labels, specifically, that certain baby food products included claims about sugar and nutrient content that were not permitted under Food and Drug Administration regulations incorporated into California law.

Unanimous California Supreme Court Gives Green Light to Plaintiffs to Discover Employee Contact Information

Unanimous California Supreme Court Gives Green Light to Plaintiffs to Discover Employee Contact Information

July 13, 2017

In a big blow to employers, the California Supreme Court unanimously held that plaintiffs and their lawyers must be given access to companywide employee contact information—including addresses and phone numbers—at the onset of a lawsuit and without first establishing a prima facie showing their case has merit.

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 7, 2017

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 7, 2017

July 7, 2017

Discovery tips for cloud computing, text messages, predictive coding and proportionality.

Insurers and Brokers May Face UCL Liability for Violations of Insurance Statutes

Insurers and Brokers May Face UCL Liability for Violations of Insurance Statutes

July 1, 2017

The opinion was a beacon of hope for insurers and brokers doing business in California who often face disappointing early rulings and frequently settle.

Honeycutt v. United States: Mandated Criminal Asset Forfeiture Receives Clear Limitation — Joint and Several Forfeiture Liability Rejected

Honeycutt v. United States: Mandated Criminal Asset Forfeiture Receives Clear Limitation — Joint and Several Forfeiture Liability Rejected

June 6, 2017

On June 5, the United States Supreme Court issued a unanimous opinion in Honeycutt v. United States, No. 16-142, 581 U.S. ___ (2017), narrowing the scope of federal criminal asset forfeiture for drug offenses.

Cost of Insurance Litigation Review

Cost of Insurance Litigation Review

April 10, 2017

While organized as a single cause of action, the plaintiff in Brach asserted AXA’s COI rate increase was a breach of contract pursuant to several theories of liability. In denying AXA’s motion to dismiss the claim, the court found each theory to be plausible.

A Winning Record at Trial Starts with Critical Thinking in Discovery

A Winning Record at Trial Starts with Critical Thinking in Discovery

March 14, 2017

At trial, there is what actually happened, and then there is what you can demonstrate, with admissible evidence, to develop the record the fact finder will consider to reach a decision. Skilled trial lawyers use the rules of procedure and evidence to develop and shape the record with favorable facts and information, and to block or minimize unfavorable facts and unreliable and inadmissible information.

Hacking the Short Hearing

Hacking the Short Hearing

January 26, 2017

Every litigator has encountered it—the dreaded hearing set for ten minutes or less. The necessary implication of such hearings is that you will have only half that time to present your argument and win over the judge, and perhaps even less time than that depending on the number of parties involved.

Key Contacts

Other Team Members

Gary L. Sasso

Gary L. Sasso

President and Chief Executive Officer

Featured Insights

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.