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D. Matthew Allen

D. Matthew Allen

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Overview

Matt Allen has particular emphasis in class action and antitrust litigation, having litigated dozens of class actions last year alone. More broadly, his area of practice is complex litigation, including antitrust law, deceptive trade practice law, insurance litigation, employment law (including collective actions), appellate law, and general business disputes.

Matt is board certified by The Florida Bar in Antitrust and Trade Regulation Law.

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Experience

Data Privacy and Cybersecurity

  • Represents a red-light camera vendor in a series of class actions pending in Florida federal court challenging the validity of traffic ticket violations based on a theory of improper delegation of police power.
  • Represents a Tampa, Florida, hospital in a data breach privacy class action filed by a former patient who alleges that the hospital was negligent, violated the Florida Deceptive and Unfair Trade Practices Act, and received an unjust enrichment when a rogue employee improperly accessed the personal health information of patients at the hospital. See John Doe v. Fla. Health Science Ctr. Inc., 14-CA-012657 (Fla. Cir. Ct. Dec. 29. 2014).
  • Represented a retail catalog sale company in a data privacy breach class action filed in 2012 in the Southern District of Florida in which the plaintiff alleged that the defendant failed to safeguard the personal identifying information of employees of one of its clients against improper computer “hacking” by a rogue employee and brought claims under the Federal Stored Communications Act, Florida Deceptive Trade Practices Act and the tort of invasion of privacy. See Burrows v. Purchasing Power, LLC, No. 1:12–cv–22800, 2012 WL 9391827 (S.D. Fla. Oct. 18, 2012) (order on motion to dismiss); 2013 WL 10167232 (S.D. Fla. Oct. 7, 2013) (final judgment approving settlement).

Class Action Litigation

  • Represented largest automobile insurance carrier in Florida in defeating class certification in multiple putative class action lawsuits filed by medical providers. All Family Clinic of Daytona Beach Inc. v. State Farm Mut. Auto. Co., 280 F.R.D. 688 (S.D. Fla. 2012) Read PDF; DWFII Corp. v. State Farm Mut. Auto. Ins. Co., 271 F.R.D. 676 (S.D. Fla. 2010). aff'd, 469 F. App'x 762 (11th Cir. 2012) Read PDF; Coastal Neurology Inc. v. State Farm Mut. Auto. Ins. Co., 271 F.R.D. 538 (S.D. Fla. 2010), aff'd, 458 F. App'x 793 (11th Cir. 2012). Read PDF.
  • Represented largest automobile insurance carrier in Medicare Secondary Payer Act class action litigation. See, e.g., MSPA Claims 1, LLC v. State Farm Mut. Auto. Ins. Co., No. 1:18-cv-23165, 2019 WL 1055552 (S.D. Fla. Mar. 5, 2019) (dismissing case); MAO-MSO Recovery II, LLC v. State Farm Mut. Auto. Ins. Co., No. 1:17–cv–01541, 2018 WL 2392827 (C.D. Ill. May 25, 2018) (dismissing case).
  • Represented largest automobile insurance carrier in Florida in policy construction class action. See Ayers v. State Farm Mut. Auto. Ins. Co., 316 F. Supp. 3d 1324 (M.D. Fla. 2018) (summary judgment order).
  • Represented large timeshare company in putative class action removed to federal court under the Class Action Fairness Act of 2005; defeated remand to state court and obtained dismissal of FDUTPA and related claims. Perret v. Wyndham Vacation Resorts, Inc., 889 F. Supp. 2d 1333 (S.D. Fla. 2012) (order granting motion to dismiss and closing case) Read PDF; Perret v. Wyndham Vacation Resorts, Inc., 846 F. Supp. 2d 132 (S.D. Fla. 2012) Read PDF; Perret v. Wyndham Vacation Resorts, Inc., No. 0:11–cv–61904, 2012 WL 592171 (S.D. Fla. Feb. 22, 2012) Read PDF.
  • Represented retail supermarket chain in consumer class action removed to federal court under the Class Action Fairness Act of 2005 and defeated remand to state court. Heretick v. Publix Super Markets, Inc., 841 F. Supp. 2d 1247 (M.D. Fla. 2012) Read PDF.
  • Represented one of the nation's largest court reporting services in defense of a FDUTPA consumer class action. In re Motions to Certify Classes Against Court Reporting Firms for Charges Relating to Word Indices, 715 F. Supp. 2d 1265 (S.D. Fla. 2010), aff'd, 439 F. App'x 849 (11th Cir. 2011).
  • Represented an automobile financing company in defense of a FDUTPA consumer class action. Baldwinv. Miami Auto. Retail Inc., No. 06-19334 (Fla. Cir. Ct. 2006).
  • Represented a major automobile manufacturer in defense of a series of national and state product liability class actions involving the manufacturer’s F-250 and F-350 trucks. Brisson v. Ford Motor Co., 602 F. Supp. 2d 1227 (M.D. Fla. 2009), aff’d in part, rev’d in part, 349 F. App'x 433 (11th Cir. 2009); Lewis v. Ford Motor Co., 263 F.R.D. 252 (W.D. Pa. 2009).
  • Represented the largest automobile insurance carrier in Florida in defense of various class action lawsuits filed by providers of MRI services. Altamonte Springs Imaging, L.C. v. State Farm Mut. Auto. Ins. Co., 12 So. 3d 850 (Fla. 3d DCA 2009); Coastal Neurology, Inc. v. State Farm Mut. Auto. Ins. Co., 271 F.R.D. 538 (S.D. Fla. 2010); MRI Assocs. of St. Pete, Inc. v. State Farm Mut. Auto. Ins. Co., 755 F. Supp. 2d 1205 (M.D. Fla. 2010); DWFII v. State Farm Mut. Auto. Ins. Co., 271 F.R.D. 676 (S.D. Fla. 2010).
  • Represented a title insurer in defense of a series of class actions alleging overcharge of premiums on policies issued to mortgage lenders. Hoving v. Lawyer’s Title Ins. Co., 256 F.R.D. 555 (E.D. Mich. 2009).
  • Represented manufacturer of dental implants in defense of product liability class action alleging that the implants were defective. Cohen v. Implant Innovations, Inc., 259 F.R.D. 617 (S.D. Fla. 2008).
  • Represented timeshare company in defense of class action by timeshare purchasers. Grimes v. Fairfield Resorts, Inc., 331 F. App'x 630 (11th Cir. 2007).
  • Represented an airplane engine manufacturer in defense of a product liability class action alleging the engine was defective. Montgomery v. New Piper Aircraft, Inc., 209 F.R.D. 221 (S.D. Fla. 2002).
  • Represented a major automobile insurance carrier in class action filed by agents alleging breach of contract. Jim Moore Ins. Agency, Inc. v. State Farm Mut. Auto. Ins. Co., No. 02-80381, 2003 WL 22097937 (S.D. Fla. Sept. 2, 2003), aff’d, 147 F. App'x 841 (11th Cir. 2005).
  • Represented a major Florida homebuilder in defense of class action and separate class arbitration, both alleging home construction defects. Bouchard v. The Ryland Group, Inc., No. 2005-CA-01930, 2007 WL 2460386 (Fla. Cir. Ct. Jan. 16, 2007); Addleman v. The Ryland Group, Inc., No. 11 181 01524 05 (AAA arbitration).
  • Represented chemical company in defense of former employees’ medical monitoring class action alleging exposure to toxic chemicals. Hoyte v. Stauffer Chemical Co., No. 98-3024 2002 WL 31892830 (Fla. Cir. Ct. Nov. 6, 2002).

Multi-District Litigation

  • Represented manufacturer of schizophrenia drug in multidistrict product liability litigation alleging the drug was defective. In re Seroquel Prods. Liab. Litig., 598 F. Supp. 2d 1271 (M.D. Fla. 2009); No. 6:06–md–01769, 2009 WL 618240 (M.D. Fla. Mar. 12, 2009).
  • Represented homebuilders in defense of multidistrict product liability class actions alleging drywall installed in homes was defective. In re Chinese-Manufactured Drywall Prods. Liab. Litig., 626 F. Supp. 2d 1346 (J.P.M.L. 2009).

Antitrust Litigation

  • Represented major automobile insurer in nationwide antitrust class action alleging conspiracy to limit coverage for auto repairs. Gilchrist v. State Farm Mut. Auto Ins. Co., 390 F.3d 1327 (11th Cir. 2004).
  • Represented national horse show association in standard setting monopolization and conspiracy action. JES Props., Inc. v. USA Equestrian, Inc., 253 F. Supp. 2d 1273 (M.D. Fla. 2003).
  • Represented seller of ultra-high speed printers in antitrust class action alleging violations of state antitrust and FDUTPA laws. Oce Printing Sys. USA, Inc. v. Mailers Data Servs., Inc., 760 So. 2d 1037 (Fla. 2d DCA 2000).
  • Represented manufacturer of thermal fax paper in defense of antitrust price fixing conspiracy class action. Excu-Tech Bus. Sys., Inc. v. Appleton Papers, Inc., 743 So. 2d 19 (Fla. 4th DCA 1999).
  • Represented agricultural chemical company in defense of vertical price-fixing class action. In re Agric. Chems. Antitrust Litig., 1995-2 Trade Cases (CCH) 71, 197 (N.D. Fla. 1995).

Employment

  • Represents a Florida state agency in a disparate impact class action alleging discrimination against black and Hispanic teachers. See Fla. Educ. Ass'n v. State of Fla. Dep't of Educ., No. 4:17-cv-00414 (N.D. Fla.).
  • Represents a chain of dental offices in a Fair Labor Standards Act collective action. See McGuire v. Intelident Sols., LLC,  No. 8:18-cv-02995 (M.D. Fla.).

Election Litigation

Represented the State of Florida in cases involving the 2016 elections:

  • Fla. Democratic Party v. Ken Detzner, No. 4:16-cv-00607, U.S. District Court for the Northern District of Florida.
  • Young v. White, No. 3D17-107, Florida Third District Court of Appeal.
  • Fla. Democratic Party v. Scott, No. 4:16-cv-00626, U.S. District Court for the Northern District of Florida.
  • Olivares v. Trump,  No. 2016 CA 002646, Second Judicial Circuit in and for Leon County, Florida.

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Recognition

  • AV Rated by Martindale-Hubbell
  • Selected for inclusion in Florida Super Lawyers (2009-2014, 2017-2018)
  • Listed in Chambers USA Guide to America's Leading Business Lawyers 

Professional & Community Involvement

  • American Bar Association
    • Antitrust Law Section
    • Litigation Section
      • Appellate Practice Committee
        • Subcommittee to Study Circuit Size (1993)
  • The Florida Bar
    • Editor, The Florida Bar Journal, Trial Law Column (2005-present) 
    • Antitrust & Trade Regulation Law Certification Committee (2010-2013)
  • Hillsborough County Bar Association
  • Former President, The Federalist Society, Tampa Bay Lawyers Chapter
  • Former Director and Chairman of Board, A Woman’s Place Ministries
  • Director, The Paideia School of Tampa Bay (2006-present)

Speaking Engagements

  • "Making a Big Impact in Consumer Protection: Analyzing Consumer Impact Cases," 2015 Annual Florida Bar Convention, Boca Raton, FL (June 27, 2015).
  • "Major Supreme Court Decisions Impacting Class Actions," Carlton Fields Class Action Symposium, New York (June 2013).
  • “Class Action Removal Standards in Flux,” Strafford Publications, Inc. (July 16, 2009).

Pro Bono

  • Represented objector to U.S. holocaust survivors’ class action settlement of claims against a Swiss bank in alleging that settlement was not fair to U.S. survivors. In re Holocaust Victim Assets Litig., No. 00-9593, 00-0613, 00-9614 (2d Cir.).
  • Represented Florida Association of Licensed Adoption Agencies in high-profile dispute over prospective parents’ rights in adoption challenge by birth father. In Interest of Baby Boy G., 703 So. 2d 1103 (Fla. 2d DCA 1997).

Credentials

Education
  • Vanderbilt University Law School (J.D., 1990)
  • University of Tennessee at Chattanooga (B.A., magna cum laude, 1987)
Bar Admissions
  • Florida
Board Certifications
  • Antitrust & Trade Regulation
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

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.