David A. Karp

Experience

Appellate Experience

• Prevailed in three appeals before Florida’s Fourth District Court of Appeal upholding summary judgment in controversy over conditions precedent to enforcement of insurance policy.
• Argued appeal in which Florida’s Second District Court of Appeal adopted new evidentiary standard for proving condition precedent to enforcement of contract.
• Argued appeal in which Florida’s Second District Court of Appeal adopted standard for identifying prejudice when conforming evidence to pleadings and certified question of great public importance to Florida Supreme Court about proper remedy on remand.
• Briefed and argued multiple appeals affirming final judgments of foreclosure after trial.
• Defeated writ of prohibition filed in the Florida Supreme Court to prohibit appeal in district court of appeal in $120 million bad faith insurance case.
• Worked on appeal for financial services company before the Florida Supreme Court, which held arbitration agreements and class action waivers cannot be invalidated under state law as a matter of public policy.
• Worked on appeal reversing $4.4 million personal injury judgment based on impermissible stacking of inferences.
• Challenged on appeal as part of a team the constitutionality of a state statute violating the dormant commerce clause by regulating trade with a foreign nation.
• Argued appeal for pro bono client before the Eleventh Circuit Court of Appeals in constitutional challenge to municipal housing policy.

First Amendment Experience

• Successfully defended numerous clients in defamation and related tort claims in the higher education, retail, and development industries.
• Successfully resolved defamation and tortious interference case involving challenge to waterfront development.
• Counseled educational nonprofit about development of anti-harassment admission policies consistent with First Amendment law.
• Briefed case for amici before the Eleventh Circuit Court of Appeals en banc in precedent-setting case involving the secrecy of federal grand jury records.

Commercial and Class Action Litigation Experience

• Defeated class certification motion in putative class action case in federal court filed under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.
• Defeated class certification, obtained summary judgment, and won more than $800,000 in attorneys’ fees for developer as part of a team in case brought by condominium purchasers after real estate market crash.
• Won summary judgment and denial of class certification as part of a team for legal service provider accused of violating the Florida Deceptive and Unfair Trade Practices Act.
• Obtained summary judgment in due process challenge to alleged municipal code enforcement practices.

Featured Insights

Litigation and Trials

Alan Rosenthal Quoted in Law360: “Miami Beach Wins Again in Code Enforcement Row With Club”

News

Delivery in 30 Minutes or Less: Supreme Court Punts on Who Qualifies Under FAA Exemption for Interstate Commerce Workers

Blog

Class Actions

Classified: The Class Action Blog Podcast - Eleventh Circuit Stands on Principle in TCPA Settlement Case

Podcast

Recognition

• Florida Rising Stars, Super Lawyers Magazine (2019)

Professional & Community Involvement

• American Bar Association
  • Forum on Communications Law​
• The Florida Bar
  • Chair, Media and Communications Law Committee (2022)
  • Co-Chair, Media Law Conference (2016)
  • Judge, Parker Thomson Awards for Outstanding Legal Journalism in Florida (2019–2020)
  • Appellate Practice Section
  • Adviser, Subcommittee on Civil Defamation Jury Instruction, Standard Jury Instructions Committee – Civil Cases 
• American Constitution Society
  • Board of Directors, South Florida Lawyer Chapter (2019–present)
  • Board of Directors, Tampa Lawyer Chapter (2017–2019)
  • Florida Path to the Bench Working Group (2020–present)
• First Amendment Foundation
• Yale Alumni School Committee (1995–present)

Speaking Engagements

• "First Amendment and the U.S. Supreme Court," 2022 Reporters’ Workshop, The Florida Bar Media and Communications Law Committee and Florida Supreme Court, Tallahassee, FL (September 20, 2022)
• "The Ins and Outs of Rule 9.130: A Lawyer's Guide to Non-Final Appeals – Part II – Class Action Appeals," The Florida Bar Appellate Practice Section (August 12, 2022)
• "First Amendment and the U.S. Supreme Court Seminar," 2022 Annual Florida Bar Convention, The Florida Bar Media and Communications Law Committee, Orlando, FL (June 24, 2022)
• “Eleventh Circuit Year in Review: The Civil Docket,” American Constitution Society (April 22, 2022)
• "Like, Share or Cancel: Social Media & The First Amendment," The Florida Bar Media and Communications Law Committee (April 14, 2022)
• “A Look Inside a U.S. Supreme Court Case,” American Constitution Society, Florida Lawyer Chapter (March 1, 2022)
• "Actual Malice in Libel Law," Media Law Seminar, University of Miami School of Law (February 28, 2022)
• 1st Amendment and the U.S. Supreme Court," The Florida Bar Media and Communications Law Committee (June 25, 2021)
• “A View From the House: U.S. Representative Ted Deutch on Judicial Nominations, Voting Rights, and the Work of the House Judiciary Committee,” American Constitution Society, Florida Lawyer Chapter (May 10, 2021)
• “Florida and the Presidential Transition,” American Constitution Society, Florida Lawyer Chapter (December 7, 2020)
• “Statutory Interpretation: Approaches, Canons, and Trends,” Carlton Fields Appellate Practice Seminar (December 4, 2020)
• "COVID-19: What a Lender Can Do to Prepare for the Inevitable Defaults – Part Two," Carlton Fields (March 31, 2020)
• “General Verdict Forms and Jury Instructions,” Carlton Fields Appellate Practice Seminar (June 21, 2019)
• "The Future of Political Gerrymandering in Florida," American Constitution Society, Tampa Lawyer Chapter (2019)
• "The Role of the State Attorney General," American Constitution Society, Tampa Lawyer Chapter (2018)
• "Hot Topics and New Developments in Public Access and Privacy Law in Florida," The Florida Bar Media Law Conference (2016)

Credentials

Background

• Associate, Akerman LLP, Tampa, FL (2015–2019)
• Associate, León Cosgrove LLC, Miami, FL (2014–2015)
• Associate, White & Case LLP, Miami, FL (2010–2014)
• Law Clerk to the Honorable Susan C. Bucklew, U.S. District Court for the Middle District of Florida (2009–2010)
• Staff Writer and Assistant Metro Editor, St. Petersburg Times, St. Petersburg, FL (1995–2006)
• Intern, Metro News, The Washington Post, Washington, D.C. (1995)

Areas of Focus