Kevin P. McCoy

Experience

• Obtained final summary judgment against plaintiffs in a 900,000-plus certified class action in federal court.
• Obtained dismissal with prejudice of putative class action seeking refund of convenience fees paid for credit card transactions, which was affirmed on appeal at the state and federal level.
• Defense counsel defending trade secret and business tort claims against competing technology company after hiring former employees from plaintiff.
• Lead trial counsel in jury trial involving business divorce issues resulting in jury verdict awarding damages to client.
• Obtained dismissal with prejudice in putative class action alleging FDCPA claims against technology client.
• Trial counsel in seven-day jury trial concerning professional negligence claims.
• Lead counsel in five-day jury trial concerning business claims and counterclaims resulting in judgment for client in excess of $200,000 and defeat of all claims against client.
• Trial counsel in three-day bench trial resulting in final judgment of more than $699,000, which included a determination that the client was the prevailing party entitled to the recovery of its attorneys' fees and costs in addition to the sums awarded in the judgment.
• Trial counsel in three-day bench trial for a homebuilder franchisor in its prosecution of misappropriation of trade secrets claims, including a determination that the client was the prevailing party entitled to recover attorneys' fees.
• Lead counsel in jury trial resulting in verdict for contract damages in excess of $50,000 on behalf of client.
• Obtained summary judgment in favor of national insurer against $24 million in claims by insured for D&O coverage for investigation costs associated with a federal securities investigation.
• Lead counsel obtaining dismissal with prejudice of millions of dollars in state qui tam whistleblower claims against corporation and individual officers of company.
• Obtained winning arbitration decision in favor of minority business owner in business divorce that permitted owner to oust majority owners and regain control of business.
• Obtained a dismissal with prejudice of a federal civil RICO claim and pendant state law claims in which the plaintiff sought $1.5 million in damages.
• Obtained a favorable judgment following bench trial for a homebuilder franchisor in its prosecution of misappropriation of trade secrets claims, including a determination that the client was the prevailing party entitled to recover attorneys' fees.
• Represented one of the "big three" tobacco manufacturers in its defense of post-Engle claims pending in jurisdictions throughout Florida.
• Obtained dismissal with prejudice of Florida Deceptive and Unfair Trade Practices Act claims, Florida RICO claims, and mortgage foreclosure-related claims on behalf of an institutional lender.
• Obtained a dismissal with prejudice of a multi-count complaint seeking substantial damages against institutional lender client. Defended the result on appeal, resulting in a PCA from the appellate court.

Representative Cases

• Nolen v. Fairshare Vacation Owners Ass’n, No. 6:20-cv-00330, 2022 WL 896794 (M.D. Fla. Mar. 10, 2022).
• Pincus v. Am. Traffic Sols., Inc., 986 F.3d 1305 (11th Cir. 2021).
• Hillcrest Country Club Ltd. P'ship v. Zyscovich, Inc., 288 So. 3d 1265 (Fla. 4th DCA 2020).
• Lewis Tree Serv., Inc. v. Asplundh Tree Expert, LLC, 311 So. 3d 206 (Fla. 2d DCA 2020).
• Pincus v. Am. Traffic Sols., Inc., No. 9:18-cv-80864, 2019 WL 9355827 (S.D. Fla. Jan. 14, 2019).
• City of Oldsmar v. Trinh, 210 So. 3d 191 (Fla. 2d DCA 2016).
• State ex rel. City of Aventura v. Jimenez, 211 So. 3d 158 (Fla. 3d DCA 2016).
• Griffin v. ARX Holding Corp., 208 So. 3d 164 (Fla. 2d DCA 2016).
• Burr v. Philip Morris USA, Inc., No. 8:07-cv-01429, 2012 WL 5290164 (M.D. Fla. Sept. 28, 2012).
• Riley v. Wells Fargo Bank, N.A., 129 So. 3d 1075 (Fla. 2d DCA 2013).
• Office Depot, Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 734 F. Supp. 2d 1304 (S.D. Fla. 2010), aff'd, 453 F. App'x 871(11th Cir. 2011). Summary judgment in favor of insurer on insured's claims of more than $24 million in investigation costs.
• Harry & David v. J&P Acquisition, No. 1:09-cv-03056, 2009 WL 4892296 (D. Or. Dec. 17, 2009) (dismissing claims against corporate principals for lack of personal jurisdiction).
• Merritt v. Lake Jovita Homeowner's Ass'n, No. 8:08-cv-00098, 2010 WL 627531 (M.D. Fla. Feb. 23, 2010) (awarding appellate attorneys' fees in favor of clients for their defense of a frivolous appeal).​