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Naomi M. Berry

Naomi M. Berry

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Overview

Naomi Berry is a trial lawyer with significant courtroom experience in a wide variety of complex business litigation and arbitration matters. Naomi specializes in consumer finance and banking litigation and has handled a number of residential and commercial mortgage foreclosure actions, as well as lender liability and loan servicing claims under TILA, RESPA, FCRA, and FDCPA, and their state law counterparts.

Naomi also focuses her practice on health care litigation, handling various matters for health care clients involving quality, risk management and physician peer review, privacy concerns, and data breaches, as well as other civil disputes related to medical providers. Naomi devotes the remainder of her practice to general business litigation, class actions, and arbitration matters.

Naomi handles pro bono matters for the nation’s under­served and indigent population, serving as an advocate for children and prisoners.

A South Florida native, Naomi is also active in the community and serves on the executive committee for Women United. Naomi has a particular passion for advancing women in the business community and has served as president of the Women's Chamber of Commerce of Miami-Dade County, as a member of the host committee for the City Year Women’s Leadership Luncheon, and as a member of the Florida Association for Women Lawyers.

Consumer Finance & Banking Matters

  • Represented national banking and financial institutions in numerous residential and commercial foreclosure matters and obtained summary judgments.
  • Handled multiple residential foreclosure matters involving claims of violations of Florida’s statute of limitations and res judicata.
  • Defended student loan servicer in multiple lawsuits involving claims for alleged violations of the FDCPA and the TCPA.
  • Defended timeshare association in putative federal class action for alleged violations of FDCPA. Friday v. Palm-Aire Resort Owners Ass'n, Inc., No. 0:15-cv-60774 (S.D. Fla. 2015)
  • Obtained dismissal with prejudice of lawsuit alleging lender’s breach of settlement agreement. Pereira v. Wells Fargo Bank, N.A., No. 15- 024958 CA 01, in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.
  • Obtained dismissal of claims against credit card provider for alleged violations of the FCCPA. Lopez v. Wells Fargo Bank, N.A., No. COCE 15-003232, in the County Court in and for Broward County, Florida.
  • Obtained dismissal with prejudice of claims against lender relating to alleged negligence of appraiser hired by lender in failing to discover defects in property prior to closing of purchase and mortgage. Turner v. O’Malley, No. CACE 11-31483, in the Seventeenth Judicial Circuit in and for Broward County, Florida.
  • Obtained favorable ruling after evidentiary hearing and argument on novel legal issues relating to the issuance of certificate of title after a foreclosure sale and affirmance after appeal. Crimson Ibis, LLC v. U.S. Bank, N.A., 155 So. 3d 357 (Fla. 3d DCA 2014).
  • Obtained dismissal with prejudice of lender liability claims arising out of residential foreclosure matter. Blum v. Glen Garron, LLC, 51 F. Supp. 3d 1286 (S.D. Fla. 2014).
  • Obtained dismissal of lender liability claim brought by multiple plaintiffs arising out of 15 separate mortgages based upon improper joinder. Barber v. America’s Wholesale Lender, 289 F.R.D. 364 (M.D. Fla. 2013).

General Commercial Litigation Matters

  • Defended law firm against claims of malpractice arising out of trusts and estates representation.
  • Defended television company against multiple claims of defamation and trademark infringement.
  • Obtained summary final judgment on promissory note and guaranty in commercial dispute involving sale of shares under purchase agreement.
  • Defended telecommunications company in multiple contract disputes with vendors and agents.
  • Defended insurance company and its principals in bad faith litigation.
  • Defended national bank in complex litigation for breach of contract and misappropriation of trade secrets.
  • Defended brokerage firm against claims of tortious interference with expectancy relating to financial transfers made by decedent who was allegedly incompetent.
  • Defended trucking company in breach of contract dispute with customer.

Health Care Matters

  • Defended hospital against claims of tortious interference and violations of Florida’s Whistleblower Act by terminated physician.
  • Defended health insurance company in putative class action for breach of contract by insured.
  • Defended physician practice against claims of wrongful termination by former physician employee/shareholder in AAA arbitration.
  • Defended health insurer in putative class action by insured relating to denial of coverage under criminal activities exclusion in policy.
  • Defended physician practice against claims of breach of contract by former physician employee in AHLA arbitration.
  • Assisted with trial preparation and appellate briefs for several physician peer review matters.

Arbitration Matters

  • Defended physician practice against claims of wrongful termination by former physician employee/shareholder in complex AAA arbitration.
  • Defended physician practice against claims of breach of contract by former physician employee in AHLA arbitration.
  • Defended telecommunications company against contract and tort claims in AAA arbitration.

Class Action Matters

  • Defended health insurance company in putative class action related to denials of coverage under criminal activities exclusion.
  • Defended telecommunications company in multiple putative class actions involving claims of TCPA violations.
  • Defended multiple putative class actions alleging various claims involving red-light camera vendors.
  • Defended timeshare association in putative federal class action for alleged violations of the FDCPA. Friday v. Palm-Aire Resort Owners Ass'n, Inc.,  No. 0:15-cv-60774 (S.D. Fla. 2015).

Appellate Matters

  • Obtained per curiam affirmance of dismissal with prejudice of defamation suit. Baggett v. Weintraub & Discovery Commc'ns, Inc., 256 So. 3d 185 (Fla. 3d DCA 2018).
  • Obtained per curiam affirmance of summary final judgment on promissory note and guaranty. Hernandez v. Kronos Holdings Invs., 229 So. 3d 1236 (Fla. 3d DCA 2017).
  • Obtained per curiam affirmance of order denying motion for relief from judgment  in residential foreclosure matter. Barnes v. Yale Mortg. Corp., 171 So. 3d 726 (Fla. 4th DCA 2015).
  • Obtained per curiam affirmance of favorable ruling after evidentiary hearing and argument on novel legal issues relating to the issuance of certificate of title after a foreclosure sale. Crimson Ibis, LLC v. U.S. Bank, N.A., 155 So. 3d 357 (Fla. 3d DCA 2014).
  • Obtained per curiam affirmance of order awarding attorneys’ fees after evidentiary hearing. Martin v. BankUnited, 145 So. 3d 848 (Fla. 3d DCA 2014).
  • Obtained per curiam affirmance of order directing clerk to issue certificate of title. Arango v. Deutsche Bank Nat’l Tr. Co., 87 So. 3d 1264 (Fla. 3d DCA 2012).

Pro Bono

  • Represented transgender prisoner in lawsuit against several prison employees for violations of civil rights.
  • Argued against motion for directed verdict at trial and assisted with trial preparation in civil rights lawsuit in which trial team obtained final judgment in favor of prisoner client. Hamze v. Doe,  No. 11-21227 (S.D. Fla.).
  • Represented former foster child in conjunction with Lawyers for Children America.

Professional & Community Involvement

  • The Florida Bar
  • American Bar Association
    • Business Torts and Unfair Competition Committee
      • Co-Chair, Website and Social Media
  • Executive Council, Women United
  • New Leaders Taskforce, Beacon Council
  • Dade County Bar Association
  • President, Women’s Chamber of Commerce of Miami-Dade County (2014)
  • Volunteer, Lawyers for Children America 
  • Florida Association for Women Lawyers
  • City Year Women's Leadership Luncheon Host Committee (2014-2016)

Speaking Engagements

  • "Considerations Regarding Attorney Client Privilege in Joint Representation," ABA 2019 Section of Litigation & Solo Small Firm and General Practice Division CLE Conference, New York (May 2019).

Credentials

Education
  • University of Michigan Law School (J.D., 2009)
  • Yale University (B.A., 2004)
Bar Admissions
  • Florida
Court Admissions
  • 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.