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Julianna Thomas McCabe

Julianna Thomas McCabe

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Overview

Julianna Thomas McCabe is a class action litigator and appellate lawyer with national experience representing clients in the financial services industry. She has defended complex cases in high stakes litigation including punitive damage and bad faith lawsuits in Florida, Mississippi, Arkansas, Oklahoma, Texas, West Virginia, California and other venues. Julianna has prepared briefs filed in the United States Supreme Court, several U.S. courts of appeals, and in various state supreme courts and intermediate appellate courts.

Julianna has represented clients at arbitration, and has litigated the enforceability of contractual arbitration clauses under the Federal Arbitration Act. She has also mediated and settled numerous complex cases on behalf of the firm’s financial services clients. Julianna is licensed to practice in all Florida state and federal courts and in the U.S. Courts of Appeal for the Fifth, Sixth, Ninth, and Eleventh Circuits.

Julianna is the national class actions practice group leader.

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Experience

  • Howisey v. Transamerica Life Ins. Co., 2017 WL 5900356 (W.D. Wash. Nov. 30, 2017). Granting final summary judgment prior to class certification in favor of insurer in putative class action alleging that assisted living facility care should be covered under the nursing home-only provisions of a long-term care insurance policy.
  • Lewis v. Knology, Inc., 799 S.E.2d 247 (Ga. Ct. App. 2017); cert denied (Ga. Sept. 13, 2017). Affirming trial court’s denial of plaintiff’s motion for national class certification in shareholder litigation alleging breaches of fiduciary duty in connection with corporate merger.
  • Crosby Valve, LLC v. Dep’t of Ins., 131 A.3d 1087 (Pa. Commw. Ct. 2016).
  • Weller v. HSBC Finance Corp., 2016 WL 2931608 (D. Colo. May 18, 2016).
  • Griffin v. HSBC Mortgage Servs., Inc., 2016 WL 1090578 (N.D. Miss. March 18, 2016).
  • Lyons v. Litton Loan Servicing, LP, 158 F. Supp. 3d 211 (S.D.N.Y. 2016).
  • Clarizia v. Ocwen Financial Corp., 2016 WL 439018 (S.D.N.Y. Feb. 2, 2016).
  • In re Knology, Inc. Shareholder Litigation,2015 WL966753, No. 12-cv-0564 (Ga. Sup. Ct. Dec. 3, 2015). Order denying plaintiff's motion for national class certification in case filed by former shareholders involving alleged breaches of fiduciary duty in connection with corporate merger.
  • Saccoccio v. JP Morgan Chase Bank, N.A., 2013 WL 5585230 (S.D.Fla., Oct. 9, 2013).
  • Allianz Life Ins. Co. of North America v. Cain, 2013 WL 3880217 (W.D.N.C. July 26, 2013).
  • Hunter v. Transamerica Life Ins. Co., 2011 WL 4621111 (S.D. Tex. Sept. 27, 2011); 498 F. App’x 430 (5th Cir. 2012). Affirming dismissal of national class action collaterally attacking prior class action settlement.
  • Transamerica Life Ins. Co. v. Moore, 274 F.R.D. 602 (E.D. Ky. 2011).
  • Hunter v. Runyan, 2011 Ark. 43 (Feb. 9, 2011); Crager v. Runyan, --- S.Ct. ---, 2011 WL 4533079 (U.S. Oct. 3, 2011). Affirming orders denying intervention by objecting class members to national class action settlement of contract and tort claims and dismissing appeal of objector who failed to successfully intervene.
  • Wright v. Life Investors Ins. Co. of Am., 2010 WL 481003 (N.D. Miss. Feb. 4, 2010).
  • In re Life Investors Ins. Co. of Am., 589 F.3d 319 (6th Cir. 2009). Reversing district court’s order enjoining defendants from pursuing approval of national class action settlement in parallel state court litigation.
  • Pipes v. Life Investors Ins. Co. of Am., 254 F.R.D. 544 (E.D. Ark. 2008); 711 F. Supp. 2d 964 (E.D. Ark. 2009). Class certification denied in case alleging breach of contract and bad faith; denying motion to intervene and to enjoin state court class action settlement filed by absent class member from parallel national class action.
  • Smith v. Life Investors Ins. Co. of Am., 2009 WL 3756913 (W.D. Pa. Nov. 6, 2009). Class certification denied in case alleging breach of contract, bad faith, and declaratory relief in relation to claims practices.
  • Adams v. Southern Farm Bureau Life Ins. Co., 493 F.3d 1276 (11th Cir. 2007). Affirmed district court finding that claims alleging, inter alia, fraud and breach of contract were barred by earlier class action settlement and release.

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Recognition

  • Most Effective Lawyers Award, Appellate, Daily Business Review (2017)
  • Outstanding Contributor Award, Lawyers for Civil Justice (2016)
  • Pro Bono Service Award,  Put Something Back Pro Bono Program,  Dade County Bar Association (2009)
  • Selected for Florida Rising Star, Florida Super Lawyers (2009)

Professional & Community Involvement

  • American Bar Association
    • Section of Litigation and Tort, Trial, & Insurance Practice Section (TIPS)
  • Trial Techniques Committee
    • Litigation Section
  • Appellate Advocacy Committee
    • Vice Chair, TIPS Section

Speaking Engagements

  • "Class Action Survey and Trends," Carlton Fields In-House Counsel Forum, Orlando, FL (March 2017)
  • "Recent Developments in Annuity and Life Insurance Litigation," Insured Retirement Institute (IRI) Webinar, Washington (May 11, 2016)
  • "Class Action Survey and Recent Developments," Carlton Fields In-House Counsel Forum, Orlando, FL (March 2016)
  • "2015 Carlton Fields Class Action Survey and Supreme Court and Rule 23 Update," Client Focus Forum, Boston (October 2015)
  • "Supreme Court and Rule 23 Update," Client Focus Forum, Newport Beach, CA (October 2015)
  • Conference on Life Insurance and Financial Services Litigation, ALI-CLE (2013)
  • "Winning Strategies for Jury Instructions," ABA TIPS Annual Spring CLE and Leadership Forum (2011)
  • "Punitive Damages after Philip Morris USA v. Williams," ABA TIPS and Litigation Sections (2007)
  • Mock Supreme Court Oral Argument," Silencing the Court: Judicial Impartiality v. Free Speech," ABA Annual Meeting (2006)

Credentials

Education
  • Boston University School of Law (J.D., magna cum laude, 2000)
  • University of Connecticut (M.A., 1995)
  • University of Akron (B.A., magna cum laude, 1993)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida

Background

  • Intern to Honorable Mark W. Vaughn, Chief Judge, United States Bankruptcy Court, District of New Hampshire (Summer 1998)

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.