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Michael D. Sloan

Michael D. Sloan

Associate

Overview

Michael Sloan is a trial and appellate litigator with significant experience representing corporations and individuals in business disputes, mass torts, MDLs, product liability, health care, class actions, and other complex civil litigation in federal and state courts.

Michael has experience defending clients in the consumer products industry and the health care industry. As part of his consumer products practice, Michael currently defends a global cosmetics manufacturer in talc-related personal injury and wrongful death cases. Michael has previously defended a global airbag manufacturer in MDL proceedings and a national tobacco company in managing statewide post-verdict proceedings. As part of his health care practice, Michael defends hospitals in suits brought by doctors that arise from adverse medical credentialing decisions. Over the years, this work has helped to develop a growing body of appellate case law useful to hospitals in defending such suits.

Michael also represents clients seeking judicial review of agency decisions. He represented an environmental mitigation bank who challenged an agency’s permit for a road project that affected wetlands, and an internet florist who challenged an agency’s sales tax assessment on constitutional grounds.

Michael has first-chair jury trial experience in federal court and has argued in Florida and New York trial courts on a variety of matters. Beginning his career as an appellate litigator, Michael has argued appeals before the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and Florida’s Second and Fourth District Courts of Appeal, and he has served as counsel of record in a petition to the U.S. Supreme Court. Michael’s approach to advocacy is informed by his experience throughout the trial and appellate processes, and he brings to bear a strategic approach to ensure that issues are well-positioned for favorable outcomes at every level.

Prior to joining the firm, Michael was a staff attorney for the Eleventh Circuit Court of Appeals in Atlanta.

Featured Insights

Experience

  • In re Takata Airbag Prods. Liab. Litig., No. 1:15-md-02599 (S.D. Fla.) (counsel for Takata Corp. and TK Holdings Inc. in federal multidistrict litigation).
  • Am. Bus. USA Corp. v. Fla. Dep't of Revenue, 137 S. Ct. 1067 (U.S.) (counsel for petitioner in the U.S. Supreme Court seeking review of Florida Supreme Court decision on sales tax assessment under Due Process Clause and dormant Commerce Clause). Read the post on SCOTUSblog.
  • Bluefield Ranch Mitigation Bank Tr. v. S. Fla. Water Mgmt. Dist., No. 4D16-3023, 2018 WL 5628845 (Fla. 4th DCA Oct. 31, 2018) (counsel for appellant, a mitigation bank, seeking review of agency order denying for lack of standing mitigation bank’s request for formal administrative proceeding to review road project permit).
  • Winn-Dixie Stores, Inc. v. Dolgencorp, LLC, 881 F.3d 835 (11th Cir. 2018) (counsel for appellants seeking review of district court orders regarding enforcement of restrictive real property covenants for, among other grounds, adherence to appellate mandate).
  • State, Dep't of Health v. Bayfront HMA Med. Ctr., LLC, 236 So. 3d 466 (Fla. 1st DCA 2018) (counsel for appellant seeking reversal of temporary injunction enjoining operation of provisional trauma center).
  • Desai v. Lawnwood Med. Ctr., Inc., 219 So. 3d 869 (Fla. 4th DCA 2017) (counsel for appellee seeking affirmance of order dismissing doctor’s suit for non-reappointment to medical staff based on doctor’s failure to exhaust his administrative remedies).
  • Keller v. Lawnwood Med. Ctr., Inc., 219 So. 3d 879 (Fla. 4th DCA 2017) (counsel for appellee seeking affirmance of order dismissing doctor’s suit for non-reappointment to medical staff based on doctor’s failure to exhaust his administrative remedies).
  • Futernick v. Trushina, 207 So. 3d 329 (Fla. 3d DCA 2016) (counsel for appellee in appeal of orders granting delay damages, after affirmance of bonded final judgment that granted specific performance of real estate contract).
  • Goble v. Gilbert, No. 16-11574 (11th Cir. June 21, 2016) (counsel for trustee seeking dismissal of appeal and sanctions against litigant for filing frivolous appeal); In re N. Am. Clearing, Inc., 6:08-ap-00145, 2017 WL 117525 (Bankr. M.D. Fla. Jan. 12, 2017) (order setting amount).
  • SEC v. N. Am. Clearing, Inc., 656 F. App'x 969 (11th Cir. 2016) (counsel for appellee seeking affirmance of district court order denying leave to sue trustee under Barton doctrine).
  • HCA Health Servs. of Fla., Inc. v. CyberKnife Ctr. of Treasure Coast, LLC, 204 So. 3d 469 (Fla. 4th DCA 2016) (counsel for appellant seeking reversal of judgment for breach of contract based on improper measure of damages and contractual waiver of consequential damages).
  • Fla. Dep't of Revenue v. Am. Bus. USA Corp., 191 So. 3d 906 (Fla. 2016) (counsel for appellee before Florida Supreme Court seeking to uphold decision of Fourth District Court of Appeal that reversed tax assessment under dormant Commerce Clause).
  • Sands Bros. Venture v. Huff, No. 654168/2012 (N.Y. Sup. Ct. June 3, 2015) (counsel for defendants seeking dismissal of complaint for lack of personal jurisdiction and failure to state a claim).
  • Am. Bus. USA Corp. v. Dep’t of Revenu, 151 So. 3d 67 (Fla. 4th DCA 2014) (counsel for appellant before Fourth District Court of Appeal seeking reversal of tax assessment on out-of-state flower sales under dormant Commerce Clause).
  • Dubow v. Acree, 148 So. 3d 146 (Fla. 2d DCA 2014) (counsel for appellee in action for quiet title and breach of fiduciary duty).
  • Futernick v. Trushina, 146 So. 3d 63 (Fla. 3d DCA 2014) (counsel for appellee/cross-appellant in appeal of order granting specific performance of real estate contract).

Professional & Community Involvement

  • Palm Beach County Bar Association
  • American Bar Association
  • The Florida Bar
    • Appellate Practice Section

Pro Bono

  • Chatman v. Ft. Lauderdale Police Dep't, 688 F. App'x 870 (11th Cir. 2017) (counsel for appellee seeking affirmance of district court order denying qualified immunity for excessive force during arrest). Listen to the argument.
  • Chatman v. Wengert, No. 0:14-cv-62793 (S.D. Fla. Oct. 23-26, 2017) (jury trial; first-chair for plaintiff on claim of excessive force during arrest).
  • Clemency Project 2014 (representation of federal inmate, convicted on drug charges, in obtaining commutation from President Obama). Read the Executive Grant of Clemency.
  • Wollschlaeger v. Governor, Fla., 848 F.3d 1293 (11th Cir. 2017) (en banc) (counsel for amicus curiae American Bar Association seeking rehearing of panel opinions and en banc affirmance of district court injunction precluding enforcement of Florida Firearm Owners’ Privacy Act).
  • In re Adoption of D.P.P., 158 So. 3d 633 (Fla. 5th DCA 2014) (counsel for appellant in appeal of order vacating adoption by same-sex partner).

Credentials

Education
  • Boston University School of Law (J.D., magna cum laude, 2010)
  • University of Oxford, Harris Manchester College (2010)
  • University of Pennsylvania (B.A., 2006)
Bar Admissions
  • Florida
  • New York
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Southern District of New York

Background

  • Summer Associate , McDermott Will & Emery LLP, New York (2009)
  • Research Assistant, Boston University School of Law, Boston (Summer 2008)
  • Research Assistant, Pillsbury Winthrop Shaw Pittman LLP, New York (July 2006-July 2007)

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.