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Joseph H. Lang Jr.

Joseph H. Lang Jr.

Shareholder

Overview

Joseph H. Lang, Jr. is a shareholder in the firm’s appellate practice and trial support group. He has extensive experience representing clients before and at trial on legal issues, motions practice, preservation of error, and jury instructions, and then throughout the appellate process.

At trial, Joseph has represented clients in automotive, insurance, medical device, negligence, and smoking and health cases. In doing so, he has attended and provided counsel on legal issues throughout entire jury trials in Fort Lauderdale, Fort Myers, Jacksonville, Miami, Orlando, Pensacola, Saint Petersburg, Sarasota, Tampa, and West Palm Beach. In addition, on a multitude of occasions he has attended trials in a more limited role to argue specific legal motions, such as directed verdicts or post-trial filings, or to handle jury instructions conferences on specific days. 

On appeal, Joseph has briefed and argued cases for automotive, banking, liability insurance, maritime insurance, title insurance, non-profit housing, and real estate development clients, among others. He has briefed and argued appeals in the Eleventh Circuit Court of Appeals, the Florida Supreme Court, and all five Florida District Courts of Appeal. He has been involved in over 100 docketed matters in the Florida Supreme Court. Nationally, Joseph has handled cases in the Third, Fourth, Sixth, and Eighth Circuit Courts of Appeals.

Joseph also has significant experience in extraordinary writs practice, amicus curiae briefing, jurisdictional briefing, constitutional litigation, class action defense, punitive damages defense, and post-trial issues such as stays and supersedeas bonding.

Joseph is an elected member of the American Law Institute and a former Chair of the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases. He is board certified in Appellate Practice by The Florida Bar. Prior to joining the firm, he served as a judicial clerk for Justice Ben F. Overton of the Supreme Court of Florida.

Featured Insights

Experience

  • Shuker v. Smith & Nephew, PLC, 885 F.3d 760 (3d Cir. 2018). Federal preemption.
  • United States v. HPC Healthcare, Inc., 723 F. App’x 783 (11th Cir. 2018). False Claims Act pleading standard.
  • Simmons Foods, Inc. v. Industrial Risk Insurers, 863 F.3d 792 (8th Cir. 2017). Contractual limitations provisions. Prejudgment interest.
  • Platypus Wear, Inc. v. Horizonte LTDA, 693 Fed. Appx. 843 (11th Cir.  2017); Platypus Wear, Inc. v. Horizonte LTDA, 558 Fed. Appx. 929 (11th Cir. 2014). Availability of prospective equitable relief.
  • Mink v. Smith & Nephew, Inc., 860 F.3d 1319 (11th Cir. 2017). Federal preemption.
  • Wells Fargo Equipment Finance, Inc. v. Bacjet, LLC, 221 So. 3d 671 (Fla. 4th DCA 2017). Personal jurisdiction.
  • City of Largo v. AHF-Bay Fund, LLC, 215 So. 3d 10 (Fla. 2017); AHF-Bay Fund, LLC v. City of Largo, 169 So. 3d 133 (Fla. 2d DCA 2015). Issues related to PILOT (payments in lieu of taxes) agreements.
  • City of Aventura v. Jimenez, 211 So. 3d 158 (Fla. 3d DCA 2016). Amici brief in support of Mark Wandall Traffic Safety Act and efficacy of using cameras to enforce traffic lights.
  • Enclave at Citrus Park Homeowners Ass’n, Inc. v. Beazer Homes, Inc., 194 So. 2d 1028 (Fla. 2d DCA 2016).  Defense against second-tier certiorari petition involving issues related to section 125.022, Florida Statutes.
  • Uhlfelder v. Wells Fargo Bank, N.A., 193 So. 2d 891 (Fla. 1st DCA 2016).  Defense of final judgment of foreclosure.
  • Alley v. City of Tampa, 2015 WL 7357198 (Fla. 2d DCA Nov. 20, 2015). Defense of certiorari challenges to municipal land use decisions.
  • Teva Pharmaceutical Industries v. Ruiz, 181 So.3d 513 (Fla. 2d DCA 2015). Personal Jurisdiction.
  • Higgins v. Commonwealth Land Title Insurance Company, 172 So. 3d 888 (Fla. 1st DCA July 14, 2015). Class action practice. Title insurance reissue rates.
  • Krauss v. PNC Bank, N.A., 174 So. 3d 1004 (Fla. 2d DCA 2015). Deficiency judgments.
  • Ethos Development, LLC v. JKF Enterprises, LLC, 160 So. 3d 423 (Fla. 2d DCA 2015). Certiorari; Severance and abatement issues.
  • Alberton v. Commonwealth Land Title Ins. Co., Case No. 14-8072 (3d Cir. June 11, 2014)(Order). Opposing Rule 23(f) petition.
  • Layton, et al. v. Smithkline Beecham Corp., etc., 137 So. 3d 384 (Fla. 2d DCA 2014). Manufacturing defect and causation allegations.
  • Adams Homes of Northwest Florida, Inc. v. KB Home Fort Myers LLC, 145 So. 3d 103 (Fla. 2d DCA 2013). Specific performance.
  • US Bank National Association v. Marion, 122 So. 3d 398 (Fla. 2d DCA 2013). Verification issues under Florida Rule of Civil Procedure 1.110(b).
  • Farkas v. National Union Fire Ins. Co. of Pittsburgh, PA, 518 Fed. Appx. 178 (4th Cir. Apr. 11, 2013).
  • Laschober v. Ford Motor Co., 88 So. 3d 943 (Fla. 2d DCA 2012). Warranty and FDUTPA issues.
  • Ethicon Endo-Surgery, Inc. v. McGowan, 83 So. 2d 713 (Fla. 1st DCA 2012). Manufacturing defect and causation issues.
  • Miller v. Kemmons Wilson, Inc., 104 So. 3d 1098 (Fla. 2d DCA 2012). Venue.
  • State National Ins. Co. v. NCO Financial Services, Inc., No. 11-10772 (11th Cir. Oct. 11, 2011). Order enforcing settlement agreement.
  • Cherry v. D.B. Zwirn Special Opportunities Fund, L.P., 433 Fed. Appx. 870 (11th Cir. July 13, 2011). Class action/derivative action issues.
  • Wolicki-Gables v. Arrow International, Inc., 634 F.3d 1296 (11th Cir. 2011). Federal preemption.
  • Kemmons Wilson, Inc. v. Miller, 52 So. 3d 667 (Fla. 2d DCA 2011). Personal jurisdiction.
  • Goldberg v. Merrill Lynch Credit Corp., 35 So. 2d 905 (Fla. 2010). Exclusive jurisdiction and unlicensed-practice-of-law issues.
  • Cramer v. Ford Motor Co., 49 So. 3d 241 (Fla. 2d DCA 2010). Class certification issues.
  • Testa v. Southern Escrow and Title, LLC, et al., 36 So. 3d 713 (Fla. 1st DCA 2010). Title insurance policy issues.
  • Coventry First LLC v. Office of Insurance Regulation, 30 So. 3d 552 (Fla. 1st DCA 2010). Retroactive application of statutes. Mootness.
  • Brisson v. Ford Motor Co., 349 Fed. Appx. 433 (11th Cir. Oct. 16, 2009). Magnuson-Moss Warranty Act express and implied warranty claims.
  • In re: James Hoving, Case No. 09-0103 (6th Cir. July 29, 2009) (Order). Opposing Rule 23(f) petition.
  • Lake v. Tenneco, Inc., 319 Fed. Appx. 769 (11th Cir. Feb. 17, 2009). Products liability, duty to warn, open and obvious dangers.
  • Transamerica Leasing, Inc. v. Institute of London Underwriters, 430 F.3d 1326 (11th Cir. 2005). English law and practice, law of the case, mandate rule, and judicial estoppel issues.

Featured Insights

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Recognition

  • Board Certified in Appellate Practice by The Florida Bar
  • AV Rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America, Appellate Practice (2016-2019)
  • Selected for inclusion in Florida Super Lawyers (2009-2018)
  • Selected for inclusion in Florida Trend’s Florida Legal Elite (2007-2011 and 2013)
  • Carlton Fields Pro Bono Publico Award
    • The Pro Bono Publico Award is presented periodically in special recognition of significant pro bono efforts undertaken by groups of attorneys who have, as a group, provided exemplary pro bono representation. (2010 and 2014)
  • Carlton Fields William Reece Smith, Jr. Pro Bono Award
    • The William Reece Smith, Jr. Pro Bono Award was established in 1997 to recognize an associate and a shareholder who each has individually provided exceptional pro bono legal services in the spirit of the award's namesake and our Chairman Emeritus, William Reece Smith, Jr., who is known internationally for his advocacy for legal services for the poor. (2008)

Professional & Community Involvement

  • American Bar Association 
    • Litigation Section
  • The Florida Bar 
    • Appellate Practice Section
  • Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases (2003-2015) 
    • Chair (2014-2015)
    • Vice-Chair (2011-2013) 
    • Reporter (2000-2003)
  • Elected Member, American Law Institute
  • Fellow, American Bar Foundation
  • Florida Appellate Practice, Florida Bar CLE Manual (6th and 7th editions)  
    • Steering Committee Member
  • Florida Supreme Court Historical Society 
    • Board of Trustees (2010-present)
  • Eleventh Circuit Court of Appeals Historical Society
  • Co-Chair, Carlton Fields Pro Bono Committee (2018-present)
  • Suncoasters of St. Petersburg, Inc.

Speaking Engagements

  • "Florida Bar Rules on Advertising," Legal Marketing Association Southeastern (April 2013)
  • "Navigating Class Action Appeals," Eleventh Circuit Appellate Practice Institute (February 2013)
  • "Anatomy of An Appeal: Persuasion," American Bar Association Young Lawyers Division, Spring Conference (May 2009)

Pro Bono

  • William H. Kelley, author of numerous briefs and petitions seeking capital post-conviction relief in the state and federal appellate courts for client William Kelley. (2007-present).
  • Kelley v. State; Kelley v. McNeil, 3 So. 3d 970 (Fla. 2009).
  • State of Florida v. Erick Richardson, 915 So. 2d 86 (Fla. 2005).  Habitual felony offender sentencing issues.
  • Colwell v. Head, case No. 2001-V-847 (Ga. Butts County Sup. Ct. 2001).  Capital post-conviction relief.
  • Jones v. State, 740 So. 2d 520 (Fla. 1999).  Capital post-conviction relief; competency to stand trial.

Credentials

Education
  • Georgetown University Law Center (LL.M., 1998)
  • University of Florida College of Law (J.D., 1995)
  • University of Florida (B.A., 1992)
Bar Admissions
  • Florida
Board Certifications
  • Appellate Practice
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth 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
  • Justice Benjamin F. Overton, Florida Supreme Court

Background

  • Law Clerk, Justice Benjamin F. Overton, Supreme Court of Florida (1995-1997)

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.