Garth T. Yearick

Overview

Garth Yearick has extensive experience in complex commercial litigation and product liability litigation. Garth represents drug and medical device manufacturers, chemical manufacturers, and other product manufacturers in personal injury actions in state and federal court.

Garth has represented a wide variety of defendants in commercial litigation matters including breach of warranty claims, Florida Deceptive and Unfair Trade Practices claims, trade secret claims, consumer class actions, and other statutory claims and business torts. He also has experience in litigating commercial claims involving unique issues relating to computer technology and internet website development.

He has also served as appellate counsel in matters before Florida's Fourth District Court of Appeal and the U.S. Court of Appeals for the Eleventh Circuit.

Garth has served as an associate editor, executive editor, and editor in chief of the ABA Section of Litigation's Litigation News publication. He has written more than 30 articles for that publication on a variety of topics.

Featured Insights

Litigation and Trials

Carlton Fields Attorneys Garth T. Yearick and Ashley C. Drumm Recognized for Service to FBA Chapter

News

Experience

• Bouldry v. C.R. Bard, Inc., 909 F. Supp. 2d 1371 (S.D. Fla. 2012). Removal issues; Class Action Fairness Act.
• Zurich Am. Ins. Co. v. Hi-Mar Specialty Chems., LLC, No. 9:08-cv-80255, 2012 WL 443229 (S.D. Fla. Feb. 10, 2012). Granting summary judgment in favor of third-party defendant on indemnity, contribution, and breach of implied warranty counts.
• Zurich Am. Ins. Co. v. Hi-Mar Specialty Chems., LLC, No. 9:08-cv-80255, 2010 WL 298392 (S.D. Fla. 2010). Dismissing negligent misrepresentation claim against third-party defendant with prejudice.
• Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co. Inc., 20 So. 3d 952 (Fla. 4th DCA 2009). Affirming denial of motion to set aside judgment in favor of Morgan Stanley.
• Zurich Am. Ins. Co. v. Hi-Mar Specialty Chems., LLC, No. 9:08-cv-80255, 2009 WL 1851124 (S.D. Fla. 2009). Dismissing negligence and strict liability counts with prejudice pursuant to Florida’s economic loss rule.
• Morgan Stanley & Co. v. Coleman (Parent) Holdings, Inc., 955 So. 2d 1124 (Fla. 4th DCA 2007). Reversal of $1.58 billion verdict due to improper damages expert testimony.
• Access Now, Inc. v. Sw. Airlines, Co., 227 F. Supp. 2d 1312 (S.D. Fla. 2002), appeal dismissed by 385 F.3d 1324 (11th Cir. 2004). Dismissal of complaint with prejudice involving ADA and airline website. Dismissal of appeal due to preservation issues.
• Humana Health Ins. Co. of Fla. v. Chipps, 802 So. 2d 492 (Fla. 4th DCA 2001). Reversal of $78 million judgment against Humana due to improper punitive damages evidence and other issues.
• Columbia/JFK v. Spunberg, 784 So. 2d 541 (Fla. 4th DCA 2001). Breach of medical staff bylaws and tortuous interference.
• Montgomery & Larmoyeux v. Philip Morris Inc., 19 F. Supp. 2d 1334 (S.D. Fla. 1998). Removal issues.
• Montgomery & Larmoyeux v. Philip Morris Inc., 992 F. Supp. 1372 (S.D. Fla. 1998). Removal issues.

Featured Insights

Litigation and Trials

Carlton Fields Attorneys Garth T. Yearick and Ashley C. Drumm Recognized for Service to FBA Chapter

News

Recognition

• AV Rated by Martindale-Hubbell
• Most Effective Lawyers Award, Daily Business Review (2016)
• Top Lawyers, Florida Legal Guide (2013–2016)
• Top Up and Comers, South Florida Legal Guide (2008–2012)

Professional & Community Involvement

• Federal Bar Association, Palm Beach County Chapter (1997–present)
  • Chapter Past President (2019–present)
  • Chapter President (2018–2019)
  • Chapter Vice President (2017–2018)
  • Chapter Secretary (2016–2017)
  • Chapter Treasurer (2015–2016)
  • Chapter National Delegate (2014–2015)
  • Prior Member, Naturalization Committee
  • Chair, Federal Court Orientation Committee (2013–2014)
  • Prior Member, Technology Committee
• American Bar Association, Section of Litigation (2002–present)
  • Co-Chair, First Chair Press (2014–2016)
  • Senior Editor, Litigation News (2011–2012)
  • Editor in Chief, Litigation News (2010–2011)
  • Executive Editor, Litigation News (2008–2010)
  • Associate Editor, Litigation News (2002–2008)
  • Past Appointed Member, Ethics and Professionalism Committee (2013–2014)
  • Past Appointed Member, Task Force on the Attorney-Client Privilege (2012–2013)
  • Past Appointed Member, Section Chair's Special Committee on Technology Issues (2009–2010)
  • Past Appointed Member, Section Chair's Special Committee on the Publishing Summit (2006–2009)
• The Florida Bar
• Palm Beach County Bar Association (1996–present)
  • Prior Member, Fundraising Committee for PBCBA's educational program and exhibits for the 15th Circuit's Historic Courthouse
  • Prior Member, Technology Committee

Speaking Engagements

• Facilitator, Civil Discourse and Difficult Decisions Program for high school students at the Paul G. Rogers Federal Building and U.S. Courthouse (August 30, 2018)
• Attorney Coach, Civil Discourse and Difficult Decisions Program for students at Palm Beach State College (February 28, 2018) (a video from the Administrative Office of the U.S. Courts that summarizes the program can be viewed at the following link: https://youtu.be/u0WwhHCYhg8)
• Palm Beach County Bar Association’s Bench Bar Conference, Federal Session (March 10, 2017)
• Federal Court Orientation Program, Palm Beach County Chapter of the Federal Bar Association (December 8, 2016)
• Federal Court Orientation Program, Palm Beach County Chapter of the Federal Bar Association (December 10, 2015)
• Federal Court Orientation Program, Palm Beach County Chapter of the Federal Bar Association (December 11, 2014)
• Federal Court Orientation Program, Palm Beach County Chapter of the Federal Bar Association (December 12, 2013)
• "Forensic Discovery of Electronic Data," Florida Association for Women Lawyers Luncheon (March 13, 2013)
• “Tackling E-Discovery: Creating Effective Policies and Processes,” Counsel to Counsel Forum (March 27, 2007)

Areas of Focus