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Matthew J. Conigliaro

Matthew J. Conigliaro

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Overview

Matt Conigliaro concentrates his practice on appellate and complex commercial litigation. His work principally involves complex commercial and tort litigation, health care and products litigation, insurance coverage, intellectual property, and constitutional litigation.

Matt originally joined the firm in 1997. He left in October 2001 to serve as a Deputy Solicitor General of Florida, where he participated in litigating the State's most significant appeals, and returned to the firm in December 2002.

Matt is board certified in Appellate Practice by The Florida Bar.

Featured Insights

Experience

  • Bechtel Corp. v. Batchelor, No. 3D16-2624, ___ So. 3d ____, 2017 WL 6598822 (Fla. 3d DCA Dec. 27, 2017). Florida's Third District Court of Appeal reversed a $12.8 million verdict and remanded for entry of judgment as a matter of law in favor of our client, a contractor that had performed maintenance at a power plant owned by Florida Power & Light. The appellate court agreed that the plaintiff failed to prove that our client had sufficient control over the power plant such that it could be held responsible in a premises-liability action involving alleged exposure to asbestos. In addition, the court held that the trial court had improperly provided an adverse-inference jury instruction.
  • Plancher v. UCF Athletics Ass’n, Inc., 175 So. 3d 724, 729 (Fla. 2015).
  • JAX Utilities Management, Inc. v. Hancock Bank, et. al., 164 So. 3d 1266 (Fla. 1st DCA 2015).
  • General Elec. Cap. Corp. v. Shattuck, 132 So. 3d 908 (Fla. 2d DCA 2014).
  • City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013).
  • Health First, Inc. v. Hynes, 114 So. 3d 995 (Fla. 5th DCA 2012).
  • Rich v. Kaiser Gypsum Co., Inc., 103 So. 3d 903 (Fla. 4th DCA 2012).
  • McKesson Medication Mgmt., LLC v. Slavin, 75 So. 3d 308 (Fla. 3d DCA 2011).
  • Godfrey v. Precision Airmotive Corp.46 So. 3d 1020 (Fla. 5th DCA 2010).
  • Odak v. Vitrano, 45 So. 3d 487 (Fla. 4th DCA 2010).
  • Kristensen-Kepler v. Cooney, 39 So. 3d 518 (Fla. 4th DCA 2010).
  • MasTec, Inc. v. Suncoast Underground, Inc., 27 So. 3d 705 (Fla. 3d DCA 2010).
  • Keith v. Manor Care, Inc., 2009 NMCA 119 (N.M. Ct. App. 2009).
Amicus Cases and Briefs
 
  • Raymond James Fin. Servs., Inc. v. Phillips, 126 So. 3d 186 (Fla. 2013). Drafted amicus brief for Florida realtors in arbitration case regarding applicability of limitations statute in arbitration.
  • Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 126 S. Ct. 2764 (2005). Drafted amicus brief on merits for engineering society in high profile copyright case, advocating position ultimately adopted by court.
  • Davidson & Associates v. Jung, 422 F.3d 630 (8th Cir. 2005). Drafted amicus brief on merits for engineering society in copyright case.
  • Nationwide Mut. Fire Ins. v. Holiday, 924 So. 2d 809 (Fla. 2005). Drafted amicus brief on merits for Florida Defense Lawyers Association in case on assessment of fees against insurers.
  • Bayside Technologies, Inc. v. Bowers, 539 U.S. 928 (2003). Order denying certiorari - drafted amicus brief on certiorari for engineering society in copyright case.
  • Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 535 U.S. 722 (2002). Drafted amicus brief on merits for engineering society in high profile patent case, advocating position discussed by court at oral argument and ultimately adopted by court.

Featured Insights

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Recognition

  • Most Effective Lawyers Award, Daily Business Review (2016)
  • AV Rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America, Appellate Practice, Commercial Litigation (2012-2019)
  • Listed as Tampa Appellate Practice "Lawyer of the Year" in The Best Lawyers in America (2016)
  • Listed in Chambers USA Guide to America's Leading Business Lawyers (2011-2018)
  • Selected for inclusion in Florida Trend's Florida Legal Elite, Appellate (2006, 2009, 2011-2012, 2015-2018)
  • Selected for inclusion in Florida Super Lawyers ,Appellate (2007-2018)

Professional & Community Involvement

  • The Florida Bar 
    • Appellate Practice Section 
      • Chair (2011-2012)
      • Chair-Elect (2010-2011)
      • Vice-Chair (2009-2010) 
      • Secretary/Treasurer (2007-2009)
      • Treasurer (2006-2007) 
      • CLE Committee Chair (2005-2006) 
      • Executive Council Member (2004-2006)
    • Council of Sections
      • Chair-Elect (2013-2014)
      • Secretary/Treasurer (2012-2013)
  • St. Petersburg Bar Association 
    • Appellate Practice Section, Chair (2005-present)
  • American Bar Association
  • Defense Research Institute
  • Florida Defense Lawyers Association
  • Federalist Society
  • St. Mary Our Lady of Grace Catholic Church 
    • Finance Council, Chair (2009-2011) 
    • Finance Council, Member (2007-2009)
  • American Stage Theatre Company
    • Board of Trustees, Chair (2013-2015) 
    • Board of Trustees, Vice-Chair and Secretary (2011-2013)
    • Board of Trustees, Secretary (2010-2011) 
    • Board of Trustees, Member (2009-2010, 2015-present)
  • Tampa Bay Fit Marathon Training Program 
    • Head Coach (2008-present)

Speaking Engagements

  • "The Rules of Civil Procedure," The Florida Bar's Annual Civil Trial Update & Board Certification Review Seminar, Tampa, FL (February 4, 2016)
  • "Appellate Law Update: 2015 Year in Review," The Florida Bar's Appellate Practice Section CLE Teleconference (January 19, 2016)
  • "Recent Developments in Florida Law," The Florida Bar's Advanced Appellate Practice and Certification Review Course, Tampa, FL (January 14, 2016)
  • "Appellate Practice," Stetson Law School, Tampa, FL (October 12, 2015)
  • "Issues on Experts: Florida's Significant Change from Frye to Daubert," Third Annual Appellate Forum for Trial Lawyers, Miami (October 23, 2015)
  • "Appellate Brief Writing: The Facts," The Florida Bar's Successful Appellate Advocacy Workshop, Davie, FL (August 5, 2015)
  • "Preserving Issues For Appeal," Federal Bar Association's Federal Practice Seminar, Tampa, FL (July 17, 2015)
  • "Appellate Practice: Recent Developments in the Second District and Beyond," Hillsborough County Bar Association's Breakfast and CLE with the Second District Court of Appeal, Tampa, FL (March 4, 2015)
  • "The Rules of Civil Procedure," The Florida Bar's Annual Civil Trial Update & Board Certification Review Seminar, Tampa, FL (February 26, 3015)
  • "Appellate Law Update: 2014 Year in Review," The Florida Bar's Annual Civil Trial Update & Board Certification Review Seminar (January 20, 2015)
  •  "Recent Developments in Florida Law 2015," The Florida Bar's Advanced Appellate Practice and Certification Review Course, Tampa, FL (January 15, 2015)
  • "Bar Sections & Exam Review Courses" The Florida Bar's Certification Leadership Conference (September 18, 2014)
  • "Conservative Messaging," Pinellas County Young Republicans, Clearwater, FL (July 8, 2014)
  • “Merits Briefs Panel Discussion,” The Florida Bar’s Practicing Before The Florida Supreme Court, Tallahassee, FL (June 5, 2014)
  • “Criminal Cases – What’s Appealable and When,” The St. Petersburg Bar Association’s Annual Beach and Bar Seminar, St. Pete Beach, FL (May 23, 2014)
  • “Tips for Effective Oral Argument in the Second District,” The Florida Bar’s Practicing Before the Second District Court of Appeal, Tampa, FL (May 16, 2014)
  • “15 Things I Know Now That I Wish I Knew Then,” St. Petersburg Bar Association’s Practice In The Second District Court of Appeal: A Seminar for Trial and Appellate Lawyers, St. Petersburg, FL (April 1, 2014)
  • “What's Appealable?,” The Florida Bar’s Basic Appellate Practice, Tampa, FL (March 28, 2014)
  • “Social Media in Litigation,” Carlton Fields In-House Counsel Forum, Orlando, FL (March 8, 2014)
  • “Civil Procedure,” The Florida Bar’s Annual Civil Trial Update and Board Certification Review Seminar, Tampa, FL (February 17, 2014)
  • “Oral Argument Tactics," National Association of Attorneys General’s Appellate Practice Seminar, Tallahassee, FL (January 28, 2014)
  • “Appellate Law Update: 2013 Year in Review,” The Florida Bar’s Appellate Practice Section CLE Teleconference (January 21, 2014)
  • “Recent Developments in Florida Law 2014,” The Florida Bar’s Advanced Appellate Practice and Certification Review Course, Tampa, FL (January 16, 2014)
  • “Presentation & Persuasion Skills,” TAG Academy, St. Petersburg, FL (November 15, 2013)
  • “An Appellate Perspective on the New Daubert Standard of Admissibility,” St. Petersburg Bar Association’s Daubert Seminar: The Change in Admitting Expert Testimony (October 22, 2013)
  • “Discussion on Ethical Responsibilities,” The Florida Bar’s Practicing Before The Supreme Court, Tallahassee, FL (June 6, 2013)
  • “Civil Case Law Update,” The Florida Bar’s Hot Topics in Appellate Practice, Jacksonville, FL (May 17, 2013)
  • “Professionalism in Appellate Practice,” The Florida Bar’s Practicing Before the Fifth District Court of Appeal, Lake Mary, FL (April 5, 2013)
  • “How Not To Handle An Appeal,” Program Host & Panelist, St. Petersburg Bar Association’s Practice In The Second District Court of Appeal: A Seminar for Trial and Appellate Lawyers, St. Petersburg, FL (March 28, 2013)
  • “2012: The Year in Appellate Review, Key Decisions and Developments in Appellate Practice,” Hillsborough County Bar Association’s Breakfast and CLE with the Second District Court of Appeal, Tampa, FL (March 6, 2013)
  • Eleventh Circuit Appellate Practice Institute, Panel Discussion on Motion Practice In The Eleventh Circuit, Miami (February 7-8, 2013)
  • “Appellate Law Update: 2012 Year in Review,” The Florida Bar’s Appellate Practice Section CLE Teleconference (January 22, 2013)
  • “Civil Procedure,” The Florida Bar’s Annual Civil Trial Update & Board Certification Review Seminar (January 17, 2013)
  • “Recent Developments in Florida Law 2013,” The Florida Bar’s Advanced Appellate Practice and Certification Review Course, Tampa, FL (January 17, 2013)
  • “Presentation & Persuasion Skills,” TAG Academy, St. Petersburg, FL (November 9, 2012)
  • “Impact of Bankruptcy on a Pending Appeal,” The Florida Bar’s Appellate Practice Section CLE Teleconference (September 18, 2012)
  • “Panel on Oral Argument and Ethics,” The Florida Bar’s Practicing Before The Supreme Court, Tallahassee, FL (June 7, 2012)
  • Florida State University School of Law, Famous Florida Trials, Tallahassee, FL (March 21, 2012)
  • “Recent Developments You Need to Know,” St. Petersburg Bar Association’s Practice In The Second District Court of Appeal: A Seminar for Trial and Appellate Lawyers, St. Petersburg, FL (February 23, 2012)
  • “Appellate Law Update: 2011 Year in Review,” The Florida Bar’s Appellate Practice Section CLE Teleconference (February 21, 2012)
  • St. Petersburg Bar Association’s The Art of Making Objections at Trial, St. Petersburg, FL (February 15, 2012)
  • “Recent Developments in Florida Law 2012,” The Florida Bar’s Advanced Appellate Practice and Certification Review Course, Tampa, FL (February 2, 2012)
  • “Civil Procedure,” The Florida Bar’s Civil Trial Certification Review, Orlando, FL (January 26, 2012)
  • “Presentation & Persuasion Skills,” TAG Academy, St. Petersburg, FL (November 11, 2011)
  • “Panel On Oral Argument,” The Florida Bar’s Practicing Before The Supreme Court, Tallahassee, FL (June 9, 2011)
  • The Florida Bar’s Practice In The Second District Court of Appeal: An In-Depth Look, Tampa, FL (May 20, 2011)
  • “Can Corporate America Catch Up To The Social Media Frenzy, And Should It?,” Product Liability Advisory Council, Coral Gables, FL (April 28, 2011)
  • Florida State University School of Law, Topics In Appellate Law and Policy, Tallahassee, FL (March 16, 2011)
  • “The Future of Appellate Law,” Defense Research Institute’s Appellate Advocacy Seminar, Orlando, FL (March 11, 2011)
  • “Civil Case Law Update,” The Florida Bar’s Hot Topics in Appellate Practice, Jacksonville, FL (March 4, 2011)
  • “Recent Developments in Florida Law 2010,” The Florida Bar’s Advanced Appellate Practice and Certification Review Course, Miami (February 4, 2011)
  • “Presentation & Persuasion Skills,” TAG Academy, St. Petersburg, FL (November 12, 2010)
  • “What's Appealable?,” The Florida Bar’s Basic Appellate Practice, Tampa, FL (October 8, 2010)
  • “Amicus Briefs” and “Briefs in Support of and in Opposition to Requests for Discretionary Review,” The Florida Bar’s Practicing Before the Supreme Court, Tallahassee, FL (June 10, 2010)
  • Florida State University School of Law, Famous Florida Trials, Tallahassee, FL (March 24, 2010)
  • “Important Lessons for Practitioners to Learn,” The Florida Bar’s Practice Before the Fifth District Court of Appeal, Altamonte Springs, FL (March 5, 2010)
  • “Nuts & Bolts of Practice in the Second District,” St. Petersburg Bar Association’s Practice In The Second District Court of Appeal: A Seminar for Trial and Appellate Lawyers, St. Petersburg, FL (March 4, 2010)
  • “Significant Recent Appellate Practice Decisions,” The Florida Bar’s Advanced Appellate Practice and Certification Review, Tampa, FL (February 4, 2010)
  • “Presentation & Persuasion Skills For Attorneys,” TAG Academy, St. Petersburg, FL (November 13, 2009)
  • “The Internet and Jurors: Modern Problems for Trial Counsel,” Florida Defense Lawyers Association, Miami (August 7, 2009)
  • “How To Perform Statutory Research,” Carlton Fields In-House Seminar, Tampa, FL (July 10, 2009)
  • “Briefs in Support of and in Opposition to Requests for Discretionary Review,” The Florida Bar’s Practicing Before The Supreme Court,  Tallahassee, FL (June 4, 2009)
  • “Using Social Networking and Web 2.0 Internet Sites for Research and Jury Selection,” Florida Liability Claims Conference, Orlando, FL (May 28, 2009)
  • “Appellate Review of Non-Final Orders,” Hillsborough County Bar Association’s Appellate Practice Section Seminar, Tampa, FL (May 1, 2009)
  • The Florida Bar’s Practicing With Professionalism, Professionalism Discussion, St. Petersburg, FL (February 28, 2009)
  • “Recent Developments in Florida Law 2009,” The Florida Bar’s Advanced Appellate Practice and Certification Review Course, Ft. Lauderdale, FL (February 13, 2009)
  • St. Petersburg Bar Association’s Practice In The Second District: A Seminar for Trial and Appellate Lawyers, St. Petersburg, FL (February 12, 2009)
  • “What's Appealable?,” The Florida Bar’s Basic Appellate Practice,Tampa, FL (November 13, 2008)
  • Eleventh Circuit Appellate Practice Institute, Panel Discussion on Motion Practice In The Eleventh Circuit, Atlanta (October 24, 2008)
  • “Briefs in Support of and in Opposition to Requests for Discretionary Review,” The Florida Bar’s Practicing Before The Supreme Court, Tallahassee, FL (June 12, 2008)
  • “Florida Appellate Practitioners’ Online Resource Guide 2008” The Florida Bar’s Appellate Practice Section CLE Teleconference (May 20, 2008)
  • “Appellate Practice,” Florida State University College of Law, Topics in Appellate Law and Policy Course, Tallahassee, FL (March 19, 2008)
  • “How to Help Your Trial Counsel Win at Trial While Protecting the Record for Appeal,” AIG Healthcare Seminar, Jersey City, NJ (March 14, 2008)
  • St. Petersburg Bar Association’s Practice In The Second District: A Seminar for Trial and Appellate Lawyers, St. Petersburg, FL (February 13, 2008)
  • “Recent Developments in Florida Law 2008,” The Florida Bar’s Advanced Appellate Practice and Certification Review, Tampa, FL (February 1, 2008)
  • “What's Appealable?,” The Florida Bar’s Basic Appellate Practice, Tampa, FL (October 5, 2007)
  • “Briefs in Support of and in Opposition to Requests for Discretionary Review,” The Florida Bar’s Practicing Before The Supreme Court, Tallahassee, FL (June 8, 2007)
  • “Top 10 Legal Websites You Never Knew About,” Florida Liability Claims Conference, Orlando, FL (June 1, 2007)
  • “Florida Appellate Practitioners’ Online Resource Guide 2007,” The Florida Bar’s Appellate Practice Section CLE Teleconference (March 20, 2007)
  • “The Separation of Powers Doctrine Under Florida's Constitution,” Stetson Law School, Florida Constitutional Law Course, Gulfport, FL (March 12, 2007)
  • “Extraordinary Writs” and “Recent Developments in Florida Law 2007,” The Florida Bar’s Advanced Appellate Practice and Certification Review, Miami Lakes, FL (February 23, 2007)
  • St. Petersburg Bar Association’s Practice In The Second District: A Seminar for Trial and Appellate Lawyers, St. Petersburg, FL (February 15, 2007)
  • “Internet Legal Resources” and “The Role of Appellate Courts,” The Florida Bar’s Reporters' Workshop, Tallahassee, FL (November 30 - Dec. 1, 2006)
  • “What Orders Are Appealable?,” Lorman Educational Services’ Appellate Practice For The General Practitioner In Florida, Tampa, FL (November 15, 2006)
  • “Civil Case Law Update,” The Florida Bar’s Hot Topics In Appellate Practice, Orlando, FL (November 3, 2006)
  • Eleventh Circuit Appellate Practice Institute, Panel Discussion on Motion Practice In The Eleventh Circuit, Atlanta (October 26, 2006)
  • “What's Appealable?,” The Florida Bar’s Basic Appellate Practice, Tampa, FL (September 8, 2006)
  • "Florida Case Law Update," Florida Defense Lawyers Association Annual Meeting, Duck Key, FL (August 4, 2006)
  • “Integrating Technology, Quality of Life, Professionalism and Board Certification,” The Florida Bar’s Polish Your Practice Seminar, Boca Raton, FL (June 21, 2006)
  • “Decisions We Can't Wait to See,” The Florida Bar’s Appellate Practice Section CLE Teleconference (May 16, 2006)
  • “Family Law Appeals” and “Should You Appeal?” St. Petersburg Bar Association’s Practice In The Second District: A Seminar for Trial and Appellate Lawyers, St. Petersburg, FL (April 12, 2006)
  • “The Separation of Powers Doctrine Under Florida's Constitution,” Stetson Law School, Florida Constitutional Law Course, Gulfport, FL (April 5, 2006)
  • “Recent Developments in Florida Law 2006,” The Florida Bar’s Advanced Appellate Practice and Certification Review, Tampa, FL (February 3, 2006)
  • “Internet Legal Resources” and “The Role of Appellate Courts,” The Florida Bar’s Reporters' Workshop, Tallahassee, FL (December 8, 2005)
  • “The Media and High Profile Cases,” Hillsborough County Bar Association’s Appellate Practice Section Seminar,Tampa, FL (May 20, 2005)
  • “Florida's Economic Loss Rule: Everything You Ever Wanted To Know But Were Afraid To Ask,” The Florida Bar’s Appellate Practice Section CLE Teleconference (May 17, 2005)
  • “How Florida's Court System Handled the Terri Schiavo Saga,” Capital Tiger Bay Club, Tallahassee, FL (April 15, 2005)
  • “How Florida's Court System Handled the Terri Schiavo Saga,” Tallahassee Bar Association, Tallahassee, FL (April 5, 2005)
  • “Recent Developments in Florida Law 2005,” The Florida Bar’s Advanced Appellate Practice and Certification Review, Ft. Lauderdale, FL (February 4, 2005)
  • “Internet Legal Resources,” The Florida Bar’s Reporters’ Workshop, Tallahassee, FL (December 2, 2004)

Pro Bono

  • Sarasota Herald-Tribune v. State, 916 So. 2d 904 (Fla. 2d DCA 2005).

Credentials

Education
  • Tulane Law School (J.D., cum laude, 1995)
  • University of North Carolina at Chapel Hill (B.A., 1992)
Bar Admissions
  • Florida
Board Certifications
  • Appellate Practice
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Eighth Circuit
  • 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
Clerkships
  • Judge Jacqueline R. Griffin, Florida Fifth District Court of Appeal

Background

  • Deputy Solicitor General of Florida (2001-2002)
  • Law Clerk to the The Honorable Jacqueline R. Griffin, Fifth District Court of Appeal (1995-1997)

Areas of Focus

Disclaimer

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