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Jeffrey A. Cohen

Jeffrey A. Cohen

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Overview

For more than 20 years, Jeff Cohen has worked on appellate matters or provided trial support in more than 20 states and territories, in both state and federal courts. He has provided trial support in more than 50 cases.

Jeff primarily represents corporate defendants in high exposure, often highly publicized cases. He has defended claims against manufacturers of motor vehicles and automotive components, recreational products including firearms, tobacco, medical and pharmaceutical products, and a variety of other products. He also has significant experience representing financial institutions and other entities in complex commercial litigation.

Jeff assists clients in addressing legal issues at all points during the litigation of a case. As an appellate lawyer, he has briefed and argued cutting-edge issues both as counsel for clients and as counsel for amicus curaie. Jeff often becomes involved in cases at inception or in time to prepare dispositive motions, discovery motions, and motions in limine. He also has experience parachuting into cases on the eve of trial to assist trial counsel. At whatever point Jeff becomes involved in a case, he works with trial counsel in developing both trial strategy and in preserving error for possible appeal by, among other things, preparing and arguing jury instructions, directed verdict motions, and post-trial motions.

Jeff currently serves as Vice Chair of the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases. He also serves on the Florida Supreme Court Committee on Standard Jury Instruction for Contract and Business Cases. He is also a frequent lecturer on appellate practice and products liability issues.

Featured Insights

Experience

  • Suarez v. R.J. Reynold Tobacco Company, 211 So. 3d 1051 (Fla. 3d DCA 2016). Affirming jury verdict, class membership, addiction causation.
  • Russo v. Philip Morris USA, Inc., 208 So. 3d 172 (Fla. 3d DCA 2016). Affirming jury verdict, necessity of concurrent cause instruction. 
  • R.J. Reynold Tobacco Company v. Calloway, 201 So. 3d 753 (Fla. 4th DCA 2016). Reversing jury verdict; improper closing argument; comparative fault.
  • Freeman v. Berrin, 210 So. 3d 1279 (Fla. 2d DCA 2016). Affirming dismissal for failure to prosecute.
  • J. P. Morgan Chase Bank National Association v. Colletti Investments, LLC, 199 So. 3d 395 (Fla. 4th DCA 2016). Reversing judgment for consequential damages.
  • Payne v. C.R. Bard, Inc., 606 Fed. Appx. 940 (11th Cir. Mar. 31, 2015). Affirming summary judgment and exclusion of expert testimony.
  • Crimson Ibis, LLC v. U.S. Bank N.A., 155 So. 3d 357 (Fla. 3d DCA 2014). Affirming decision to vacate final judgment.
  • Vital Pharmaceuticals, Inc. v. Professional Supplements, LLC, 114 So. 3d 952 (Fla. 4th DCA 2013). Affirming denial of preliminary injunction.
  • Darling v. Shaquille O'Neal, 86 So. 2d 1128 (Fla. 3d DCA 2012). Affirming preliminary injunction prohibiting disclosure of documents.
  • Swenson v. American Ammunition, Inc., 78 So. 2d 736 (Fla. 4th DCA 2012). Affirming summary judgment based on statute of limitations under Louisiana law.
  • Minnis v. Ford Motor Co., 75 So. 2d 290 (Fla. 4th DCA 2011). Affirming summary judgment in favor of manufacturer in products liability claim.
  • Mitsubishi Motors Corp. v. Laliberte, 52 So. 3d 31 (Fla. 4th DCA 2010). Issues concerning admissibility of scientific testing.
  • Adams v. Ford Motor Co., 319 Fed. Appx 113 (3d Cir. 2009). Dismissing appeal and finding collateral order doctrine inapplicable.
  • Ford Motor Co. v. Hall-Edwards, 5 So. 3d 786 (Fla. 3d DCA 2009). Granting certiorari and quashing an order permitting the plaintiff to plead punitive damages without providing sufficient notice.
  • Ford Motor Co. v. Hall-Edwards, 971 So. 2d 854 (Fla. 3d DCA 2007). Reversing jury verdict based on improper admission of other accident evidence and evidence of subsequent remedial measures.  
  • Kish v. A.W. Chesterton Company, et. al., 930 So. 2d 704 (Fla. 3d DCA 2006). Affirming summary judgment based on statute of repose on fraud.
  • Koulianos v. Metropolitan Life Insurance Company, 962 So. 2d 357 (Fla. 4th DCA 2007). Affirming summary judgment based on statute of repose on fraud.
  • Grunow v. Valor Corp. of Florida, 904 So. 2d 551 (Fla. 4th DCA 2005). Relationship between product defect and negligence in wrongful death, products liability action arising from murder of a teacher by a student.
  • Tran v. Toyota Motor Corp., 420 F.3d 1310 (11th Cir. 2005). Issues concerning definition of design defect and admissibility of other incidents.
  • General Motors Corp. v. Porritt, 891 So. 2d 1056 (Fla. 2nd DCA 2004). Admissibility of demonstrative test and standards for admissibility of expert testimony.
  • Hockensmith v. Ford Motor Company, Case No. 03-13729 (11th Cir. 2004). Issues concerning jury instructions and the admissibility of statistical evidence in a wrongful death action.
  • Tableau Fine Art Group v. Jacoboni, 853 So. 2d 299 (Fla. 2003). Standard for recusal of trial judge.
  • Dourado v. Ford Motor Company, 843 So. 2d 913 (Fla. 4th DCA 2003). Admissibility of medical bills in a wrongful death action.
  • Williams v. Potamkin Motor Cars, Inc., 835 So. 2d 310 (Fla. 3d DCA 2002). Class action requirements and Magnuson-Moss Act.
  • Scheman-Gonzalez v. Saber Manuf. Co., 816 So. 2d 1133 (Fla. 4th DCA 2002). Definition of design defect and defect by virtue of the failure to warn.
  • Oller v. Ford Motor Co., 265 F.3d 1062 (11th Cir. 2001) (table opinion). Admissibility of expert testimony and definition of design defect.
  • D'Amario v. Ford Motor Company, 806 So. 2d 424 (Fla. 2001). The role of comparative fault in a crashworthiness case.
  • Jackson v. General Motors Corp., 60 S.W. 3d 800 (Tenn. 2001) (amicus brief). Definition of product defect.
  • Ford Motor Company v. Meyers, 771 So. 2d 1202 (Fla. 4th DCA 2000). Attorneys fees pursuant to offer of judgment.
  • Marlin v. State Farm Mutual Automobile Insurance Co., 761 So. 2d 380 (Fla. 4th DCA 1998). Issues relating to the relationship between insurers, their insureds and attorneys retained by insurers representing insureds, and contractual duties owed pursuant to insurance policies.
  • Bell Sports, Inc. v. Yarusso, 759 A. 2d 582 (Del. 2000). Admissibility of expert testimony and inconsistent verdicts.
  • Almeida v. FMC Corp.. 740 So. 2d 557 (Fla. 3d DCA 1999). Failure to prosecute.
  • American First Federal, Inc. v. Lake Forest Park, Inc., 198 F.3d 1259 (11th Cir. 1999). Exhaustion of remedies under the federal Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) and enforceability of promissory notes.
  • Santana v. Reliastar Life Insurance Co., 732 So. 2d 1078 (Fla. 3rd DCA 1999). Interpleader requirements.
  • Goulah v. Ford Motor Company, 118 F.3d 1478 (11th Cir. 1997). Jury instructions, comparative fault, destruction of evidence.
  • Ciba-Geigy, Ltd. v. Fish Peddler, Inc., 691 So. 2d 1111 (Fla. 4th DCA 1997) (amicus brief). Forum non conveniens.
  • Jenkins v. Budd Co., 689 So. 2d 426 (Fla. 3rd DCA 1997). Statute of repose.
  • Hoover v. Bell Sports, Inc., 103 F.3d 147 (11th Cir. 1996) (table opinion). Expert testimony.

Recognition

  • AV Rated by Martindale-Hubbell
  • Listed in South Florida Legal Guide
  • Selected for inclusion in Florida Super Lawyers (2017-2018)
  • Finalist, Daily Business Review, Most Effective Lawyers (2010)

Professional & Community Involvement

  • Vice Chair, Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases (2018-2019)
  • Florida Supreme Court Committee
    • Standard Jury Instructions for Contract and Business Cases Committee
  • Product Liability Advisory Council
  • International Association of Defense Counsel
    • Past Chairman of the Appellate Committee
  • Defense Research Institute
  • American Bar Association
  • Florida Bar
  • The 200 Club of Greater Miami
  • The Western Front Association

Speaking Engagements

  • “Technology and Cybersecurity,” Carlton Fields-Venture Café Miami Visiting Investor Program, Miami (November 29, 2017)
  • “Data Breach/Cyber Security: Not a Matter Of If, But When: Prepare, Protect & Respond”, 29th Annual North American Law Summit, Montego Bay, Jamaica (November 9, 2017)
  • "Data Breaches and Cybersecurity Planning – Best Practices in Managing the Risk", Product Liability Advisory Council 2017 Fall Conference, Irving, TX (October 18, 2017)
  • “And Now, The Law,” ABA, Tort Trial & Insurance Practice Section (TIPS) 2017 Emerging Issues in Motor Vehicle Product Liability Litigation meeting, Phoenix (April 6, 2017)
  • "Managing the Risk—Program Design and Best Practices," Product Liability Advisory Council 2016 Fall Conference, Colorado Springs, CO (October 6, 2016)
  • “Spotlight on Personal and General Jurisdiction: Case Law Updates, Supreme Court Rulings, Resolving Issues with Foreign Defendants, and Defining Being at Home and Principal Place of Business,” ACI's Automotive Product Liability Litigation Conference, Chicago (June 10, 2016)
  • “And Now, The Law,” ABA, Tort Trial & Insurance Practice Section (TIPS) 2016 Emerging Issues in Motor Vehicle Product Liability Litigation meeting, Phoenix (April 7, 2016)
  • "Issues on Experts: Florida's Significant Change from Frye to Daubert," Third Annual Appellate Forum for Trial Lawyers, Miami (October 23, 2015)
  • "The Latest Nuances on Defending Typical Defect Theories: Rollovers, Side Curtain Air Bags, Tire Aging, Electronic Stability Control, Seat Backs and Beyond," ACI's Automotive Product Liability Litigation Conference, Chicago (June 3, 2015)
  • "Preserving Error for Appellate Review," ABA, Tort Trial & Insurance Practice Section (TIPS)  Emerging Issues in Motor Vehicle Product Liability Litigation meeting, Phoenix (April 8, 2015)
  • "Media Coverage of the High Profile Case: Winning in the Court of Public Opinion and the Court of Law," IADC Mid-Year Meeting, Marco Island, FL (February 18, 2015)
  • "Expert Rule Changes (Daubert)," Construction Litigation: Stuff You Will Use, Hillsborough County Bar Association, Tampa, FL (March 2014)
  • “Appellate Practice: The Outer Limits,” IADC Midyear Meeting, Pebble Beach, CA (February 2011)
  • “What Every Trial Lawyer Should Know About Preserving Error for Appeal,” IADC Webinar (September 8, 2010)
  • “Hard Times: Jury Trials During The Recession,” ABA, Tort Trial & Insurance Practice Section (TIPS) Emerging Issues in Motor Vehicle Product Liability Litigation meeting, Phoenix (April 2010)
  • “Conquering the Compurgators ― Defeating Corporate Conspiracy Experts at Trial and on Appeal,” IADC's Midyear Meeting, Naples, FL (February 2010)

Credentials

Education
  • University of Miami School of Law (J.D., cum laude, 1995)
    • Order of the Coif​
    • Project Editor, University of Miami Law Review
  • University of Wisconsin-Madison (B.A., 1992)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Disclaimer

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