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Johanna W. Clark

Johanna W. Clark

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Overview

For nearly 20 years, Johanna Clark has defended companies in both state and federal courts in class actions, insurance bad faith litigation, insurance coverage disputes, malicious prosecution litigation, ERISA disability litigation, product liability litigation, and general commercial litigation. As lead counsel, Johanna has tried jury and non-jury cases to verdict and final judgment.

Johanna is the co-managing shareholder of the Orlando office.

Experience

  • In re: Auto Body Shop Antitrust Litigation (M.D. Fla. MDL No. 2557). Represented major automobile insurance company defending 30 consolidated antitrust and RICO cases in a multidistrict litigation (MDL) proceeding in the Middle District of Florida; has succeeded in getting cases dismissed on motion.
  • All Family Clinic of Daytona Beach v. State Farm Mut. Auto. Auto. Co., 280 F.R.D. 688 (S.D. Fla. 2012) READ PDF; DWFII Corporation, d/b/a Falls Chiropractic Health Center v. State Farm Mut. Auto. Ins. Co, 271 F.R.D. 676-, (S.D. Fla. 2010). aff'd, 469 Fed. Appx 762 (11th Cir. 2012) READ PDFCoastal Neurology Inc. v. State Farm Mut. Auto. Ins. Co., 271 F.R.D. 538 (S.D. Fla. 2010), aff'd, 458 Fed. Appx. 793 (11th Cir. 2012). Represented largest automobile insurance carrier in Florida in defeating class certification in multiple putative class action lawsuits filed by medical providers. READ PDF.
  • Dame v. Prudential Ins. Companies of America, 2009 WL 248228 (M.D. Fla. 2009). Represented insurer in removing action to Federal Court and defeating plaintiff’s motion to remand.
  • Defense of national disability insurer against a multitude of claimants seeking benefits under the Employee Retirement Income Security Act of 1974 (ERISA) that settled.
  • Defense of international insurance carrier in more than 200 automobile and homeowner insurance lawsuits throughout the state of Florida.
  • Defense of international insurance carrier in two separate class actions; each of which settled prior to class certification.
  • Defense of malicious prosecution litigation against a national insurance carrier.
  • Defense of bad faith litigation against an international insurance carrier.
  • Defense of coverage and bad faith actions involving automobile insurance policies against a national insurance carrier.

Recognition

  • AV Rated by Martindale-Hubbell
  • Fellow, Litigation Counsel of America
  • Selected for inclusion in Florida Trend’s Florida Legal Elite, Insurance (2016-2018)
  • Selected for inclusion in Florida Super Lawyers Rising Stars (2012-2014)
  • Orlando Business Journal’s “Forty Under 40” (2011)
  • Recipient, University of Florida College of Law Pro Bono Certificate (1999)
  • Award-Winning Member, University of Florida Justice Campbell Thornal National Moot Court Team
  • Award-Winning Member, University of Florida Trial Team

Professional & Community Involvement

  • Historical Society of Central Florida, Inc. 
    • Chairman of the Board of Directors (2010-2012) 
    • President (2008-2010) 
    • Chair, Development Committee (2008)  
    • Board of Directors (2006-2012)
  • University of Central Florida Town & Gown Council
    • Board Member (2012) 
    • Member (2011-present)
  • Wesley Child Development Center
    • Co-Chair (2008-2010)
    • Member (2006-2010) 
  • Adviser, Orange County Teen Court (2006)
  • American Bar Association
    • Tort Trial & Insurance Practice Section (2000-present)
  • The Florida Bar (2000-present)
  • Orange County Bar Association (2004-present)
  • Defense Research Institute (2000-present) 
    • Insurance Law Committee (2011-present) 
    • Bad Faith Subcommittee (2011-present) 
    • Membership Subcommittee (2011-2013)
  • Big Sister, Big Brothers Big Sisters of Greater Miami (2000-2003)
  • Association for Public Interest Fellow (1997)

Speaking Engagements

  • “Bad Faith: The interplay between Appraisals and Civil Remedy Notices,” Florida Insurance Council (FIC) Summer Symposium, Sarasota, FL (July 24, 2018)
  • “CLE Dimension - Class Actions, Real Estate Contracts and Litigation, County Government Relationships,” Association of Corporate Counsel Central Florida (ACC) Presentation, Orlando, FL (February 15, 2018)
  • "Bad Faith Claims When Verdicts Exceed Policy Limits: Navigating Nuances of the Insurer's Duty to Settle and Best Practices for Insurance Companies to Reduce Exposure," Strafford Publications, Inc., Orlando, FL (January 2018)
  • "Bad Faith Claims When Verdicts Exceed Policy Limits: Navigating Nuances of the Insurer's Duty to Settle," Strafford Publications, Inc., Orlando, FL (January 2017)
  • "Identifying and Defending The Bad Faith Set Up," 4th Annual Bad Faith Litigation Strategies ExecuSummit, Uncasville Montville, CT (November 2016)
  • "Hot New Bad Faith Cases From Across the Country and Developing Trends In Bad Faith Litigation," National Association of Mutual Insurance Companies (NAMIC) Claims Conference, Litchfield Park, AZ (February 2015)
  • "Hot New Cases in Bad Faith: Case Law Update," Defense Research Institute, Insurance Bad Faith and Extra-Contractual Liability Conference, Boston (June 2013)
  • "Navigating the Attorney-Client Relationship," UCF Business Incubation Program (October 2010)
  • "Preparing to Testify at Trial," International Claim Association 101 Annual Education Conference, Austin, TX (October 2010)
  • "Insurance 101: What you Need to Know to Protect Your Clients' (and your own) Rights to Recovery," American Bar Association Young Lawyers Division Midyear Meeting, Miami (February 9, 2007)

Pro Bono

  • In Re: Holocaust Victims Assets Litigation. Thomas Weiss, David Mermelstein, et al. v. Union Bank of Switzerland, et. al.: United States Court of Appeals for the Second Circuit, Docket No. 00-9593, 00-0613, 00-9614. The firm represented the appellants, a group of U.S. holocaust survivors, in a class action settlement of claims against a Swiss bank. Appellants challenged the settlement on grounds that the allocation of settlement funds was unfairly weighted against them; the firm fashioned arguments that assisted them in obtaining the relief they sought. 

Credentials

Education
  • University of Florida Fredric G. Levin College of Law (J.D., with honors, 1999)
  • University of Montpellier (high honors)
  • Florida State University (B.S., cum laude, 1995)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern 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.