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Picture: Michael N. Wolgin

Michael N. Wolgin

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Miami

305.347.6880 305.530.0055

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Picture: Michael N. Wolgin

Michael N. Wolgin

[email protected] 305.347.6880

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Overview Areas of Focus Insights News Recognition Professional & Community Involvement Speaking Engagements Credentials

Overview

Michael Wolgin defends insurance companies and financial services institutions in complex litigation matters in federal and state courts throughout the United States. His practice includes class action defense, consumer fraud, and commercial litigation. In addition, he represents and counsels insurance companies in regulatory matters, including multistate market conduct examinations.

Michael’s extensive class action and complex litigation experience includes handling matters across multiple lines of insurance (for example, life insurance, reinsurance, supplemental health insurance, travel insurance, and windstorm property insurance). He also handles matters related to Lloyd’s of London insurance placement and procedure, insurance brokerage, and medical provider reimbursement under Medicare and private health insurance. His focus includes litigating matters alleging breach of contract, fraud and misrepresentation, breach of fiduciary duty, and bad faith. He routinely handles expert witness discovery and e-discovery planning and management.

In addition, Michael has a broad range of experience litigating matters involving insurer insolvency and liquidation, fraudulent transfers, trademark and copyright infringement, long-term care insurance, lender-placed insurance, computer fraud and abuse, and municipal liability and civil rights litigation.

His significant appellate experience includes representing clients in the U.S. Court of Appeals for the Fourth, Fifth, Sixth, Eighth, and Eleventh Circuits, in the Florida District Courts of Appeal, and in various other state appellate courts.

Areas of Focus

Practices

Industries

Insights

New California Lapse Statute Decision Highlights the Importance of Where Insurance Policies are “Issued or Delivered”

Texas Supreme Court Remands Case in Light of Recent Ruling That Arbitrator Must Determine Arbitrability for AAA Arbitration Agreements

Court Confirms Arbitration Award Against Non-Signatory Intervening Party in Arbitration

Fifth Circuit Affirms Denial of Arbitration, Rejects Arbitration Provisions in “Battle of the Forms” Between Buyer and Seller in UCC Transaction

Court Confirms Foreign Arbitration Award, Notwithstanding Pending Action in Foreign Court Seeking Award’s Annulment

Life Insurance Lapse Notice Class Actions Fail to Take Root: California Court Denies Certification

Second Circuit Affirms Order Confirming Arbitration Award Finding No Partiality Related to Arbitrator’s (Attenuated) Personal and Business Relations

Fifth Circuit Dismisses Appeal of Order Denying Motion to Reopen Case, Sever Cost-Splitting Provision, and Impose Costs of Arbitration on Appellee

Ninth Circuit Affirms Denial of Motion to Compel Arbitration Against Non-Signatory Spouse of Contracting Party

California Decisions Kick Off Parade of Life Insurance Lapse Notice Cases

Court Permits Munich Re to Expand Its Counterclaims Against Cedent AMIC, Following Dismissal of AMIC’s Bad Faith Claims

Third Circuit Affirms Dismissal of Petition to Confirm “Sham” Arbitration Award

Second Circuit Affirms Denial of Vacatur of Employment Arbitration Award Due to Failure to Provide Evidence of Alleged Perjury in Arbitration Proceedings

Eleventh Circuit Revives Labor Union’s Complaint to Compel Arbitration That District Court Had Found to Be Time-Barred

Eleventh Circuit Holds That “Notice of a Motion to Vacate” Under FAA Cannot Be Accomplished by Email Absent Express Written Consent

Sixth Circuit Reverses District Court for Exceeding Its Authority by Ruling on Arbitrability in the Presence of an Unchallenged Delegation Clause

Fourth Circuit Affirms Denial of Vacatur of Arbitration Award, Finding No Deprivation of a Fair Hearing or Manifest Disregard of the Law

Ninth Circuit: Website Visit Four Years After Assent To a Contract Containing a Change-of-Terms Provision Does Not Bind Parties To New Contract Terms Addressing Arbitration

Ninth Circuit Affirms Denial of DIRECTV’s Motion To Compel Arbitration, Creating Circuit Split on Procedure for Determining Scope of Arbitration Agreements

Fifth Circuit Affirms Significant Arbitration Award of Attorney’s Fees, Clarifying the Limited Scope of Review and Ruling That the Panel Did Not Exceed Its Authority

Court Applies “Summary-Judgment-Like” Approach To Uncontested Motions To Compel Arbitration And Stay Litigation

Third and Eleventh Circuits Show No “Lapse” in Judgment

Second Circuit Affirms Denial of NFL Player’s Petition to Vacate Arbitration Award, Rejecting Arguments of Harm Caused by Failure to Disclose CBA-Related Documents

Ninth Circuit Remands Order Denying Motion to Compel Arbitration That Failed to Address the Effect of Delegation Clause in Parties’ Arbitration Agreement

From COVID-19 to Defense Strategies: The Latest Class Action Trends

Eleventh Circuit Affirms Denial of Imax Corp.’s Petition to Vacate Arbitration Tribunal Rulings That Included Awards of Nearly $1 Million in Arbitration Costs and Attorney’s Fees

Third Circuit Affirms Denial of Motion to Compel Car Rental Class Action to Arbitration Based on Insufficiently Incorporated Arbitration Provisions

Court Compels FMLA Employment Dispute to Arbitration, Finding That Arbitration Agreement Delegated Arbitrability to Arbitrator and Agreement Appeared Not to Be Void or Unconscionable

Alabama Supreme Court Reverses Order Compelling Arbitration Based on Failure to Authenticate Arbitration Agreement

Did Your Text Message or Phone Call Campaign Use an Illegal “Autodialer”?

Third Circuit Addresses Interplay Between LMRA and FAA and Affirms Arbitration Award in Favor of Union Under Collective Bargaining Agreement

Court Upholds Arbitration Provision Despite Allegations of Fraud in Contract’s Execution

Court Compels Arbitration of Balance Billing Dispute Under a California Health Plan, Severs Certain Unconscionable Provisions, and Rejects Class Arbitration Proceedings

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Court Dismisses Reinsurance Litigation in Favor of Prior Pending Action

Court Orders Stay of New Arbitration Over Disputed Reinsurance Billings and Compels Parties to Proceed Before a Predecessor Arbitration Panel

Second Circuit Affirms Judgment Confirming Arbitration Award in Favor of Labor Union Involving Alleged Non-Signatory to Collective Bargaining Agreement

Intentional Killing a Grave Mistake Under Slayer Statutes

Employment Discrimination Claim Compelled to Arbitration Despite Arguments That “Clickwrap” Stock Incentive Agreement and Discovery Limitations Were Unconscionable

After Reviewing the Arbitration Record, Court Enters Default Judgment Confirming Default Arbitration Award

Applied Underwriters Overcomes Bid for Renewed Motion for Class Certification in Workers’ Compensation Reinsurance Dispute

Odyssey Reinsurance Obtains Summary Judgment in Fraudulent Transfer Case Against Owners of Agency Involved in Reinsurance Arrangement

Life Insurer Defeats Bid to Apply Policy Lapse Statute Retroactively

Ninth Circuit Affirms Order Denying Arbitration, Applying Precedent That State Law Does Not Overcome the New York Convention’s Signatory Requirement to Compel Arbitration

Court Finds Panel Did Not Manifestly Disregard Law When It Entered FINRA Award in Favor of Investment Firm and Advisors in Dispute over Fraud Committed by Late NFL Player’s Agent

Court Finds Arbitration Panel Did Not Exceed Powers or Manifestly Disregard the Law in Confirming Award in Dispute Over Leasing of Oil Lands

Ninth Circuit Affirms Order Compelling Class Arbitration in Employment Dispute Involving Two Employment Agreements With Varying Arbitration Provisions

California Appellate Court Holds U.S. Supreme Court’s Epic Systems Ruling Does Not Authorize Waiver

Rhode Island Amends Laws to Permit Voluntary Restructuring of Insurers Using Protected Cells with Commissioner Approval

Court Orders Compliance with Arbitral Subpoenas, Deferring to the Panel’s Assessment of the Value of the Requested Testimony

Idaho, South Carolina, and Tennessee Update Credit for Reinsurance Laws

Update On Amendments To State Captive Insurance Laws

English High Court of Justice Orders Disclosure of Bank’s Records Related to Misdirected Reinsurance Premiums

National Flood Insurance Program Reauthorized Through December 8, 2017

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses of Unconscionability and Lack of Consideration

Texas and Wisconsin Join List of States Permitting Domestic Surplus Lines Insurance

Montana Enacts Captive Insurance Law Impacting Reciprocal and Dormant Insurers

Arbitrator’s Pre-Iskanian Decision That Paga Claim Must Proceed on an Individual Basis Was Not a “Manifest Disregard of the Law”

English High Court of Justice Analyzes Standards Governing Fraudulent Inducement Claims in Reinsurance Disputes

Second Circuit Finds Arbitrator Did Not Commit a Manifest Disregard of the Law in Dispute Over Construction Work at the Whitestone Bridge

Putative Class Action Involving a Patented Reinsurance Arrangement for Workers’ Compensation Coverage Largely Survives Dismissal

South Dakota Adopts Credit for Reinsurance Model Law

Court Finds That Arbitration Award That Interpreted Contract “Termination” to Include Contract “Expiration” Was Not a “Manifest Disregard of the Law”

Ninth Circuit Affirms Orders Denying Arbitration in Two Class Action Lawsuits Against Samsung

Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation

FINRA Continues Investor-Friendly Arbitration Reforms

Mandatory Class Action Waivers Upheld

Cedent Sues Over Absence of Required Security

Lawyers Chastised for Ignoring Adverse Authority on Appeal

English Court Says Expert May Testify Against Former Client

Third Circuit Sinks (b)(2) Class for Lack of Standing

Arbitration Roundup

News

U.S. Class Action Spending Reaches New High of $2.9B; Companies Report Spike in Volume and Complexity of Matters, Survey Says

Carlton Fields’ 2021 Class Action Survey Findings Featured in Media

U.S. Corporate Class Action Defense Spend Exceeds Projections, Survey Says

Carlton Fields Releases Annual Class Action Survey Results

Carlton Fields’ 2018 Class Action Survey Featured in Top Business and Legal Publications

Carlton Fields’ 2018 Class Action Survey Featured in Top Business and Legal Publications

Carlton Fields Promotes Miami Attorney Michael N. Wolgin to Shareholder

Recognition

William Reece Smith Jr. Pro Bono Award (2015)
Recognized for excellent pro bono advocacy by Legal Services of Greater Miami (Fall 2011)

Professional & Community Involvement

American Bar Association

Speaking Engagements

"A Pandemic of Litigation - An Update of Class Action Litigation Affecting the Travel Insurance Industry," U.S. Travel Insurance Association Annual Conference (October 20, 2020)

Credentials

Education

University of Miami School of Law (J.D., magna cum laude, 2007)
- Staff Editor & Associate Editor, Inter-American Law Review
Yeshiva University (B.S., magna cum laude, 2004)

Bar Admissions

Florida

Court Admissions

U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida

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Overview Areas of Focus Insights News Recognition Professional & Community Involvement Speaking Engagements Credentials