Jennifer enjoys a diverse practice defending product liability, wrongful death and significant personal injury actions and handling commercial cases in both state and federal court in Florida and nationally. Jennifer has defended manufacturers in a wide variety of product liability claims, including claims involving pharmaceutical and medical devices, household products and alleged exposure to contamination due to manufacturing activities. Her commercial practice has included reversing ex parte injunctions, defeating requests for temporary restraining orders and defending against consumer protection claims under Florida’s Deceptive and Unfair Trade Practices Act.

Jennifer is part of two national counsel teams representing two of the firms pharmaceutical and medical device clients in product liability litigation nationally. She also currently manages a docket of toxic tort cases in the Southern District of Florida, as well as the Florida litigation for a firm client involving the use of an over-the-counter personal hygiene product. She has overseen complex consolidated proceedings in Florida state courts, coordinated those proceedings with federal multidistrict litigation, developed dispositive case strategies and strategies to defeat class certification. In addition, she has extensive experience handling appellate matters. Jennifer has been honored as a Florida Super Lawyers Rising Star for multiple years.

Jennifer also maintains an active pro bono practice and has represented foster children in dependency court proceedings involving allegations of abuse, neglect or abandonment. She has been named a Fellow of the Dade Legal Aid Leadership Academy for her "professional experience, prior commitment and leadership" within the Miami-Dade legal community.

Representative Matters

Pharmaceutical and Medical Device

Margulis v. Stryker Corporation & Howmedica Osteonics Corp.  In a product liability case alleging a hip implant was defective, successfully obtained dismissal of claims against Stryker Corporation on personal jurisdiction grounds and dismissal of claims against HOC on forum non conveniens grounds, ending the litigation. No. 2:19-cv-10745, DE 36 (D.N.J., December 12, 2019). 

Cavanaugh vs. Stryker Corp. Obtained defense verdict in a four-week trial related to the design of a surgical suction device that was recalled by the U.S. Food and Drug Administration (FDA) and was alleged to cause the decedent’s death. The plaintiff sought more than $40 million in damages. Jury found for client on all counts. Litigation Daily nominated Jennifer and her team for “Litigators of the Week.” No. 2013CA001800 (Fla. Cir. Ct., St. Lucie Cty., 2018).

Wright v. Howmedica Osteonics Corp. In a product liability case alleging a component used in a hip replacement caused personal injuries, obtained repeated dismissals of the plaintiff’s complaint and, on appeal, successfully defended an order dismissing the case with prejudice. 741 F. App’x 624 (11th Cir. 2018).  

Howmedica Osteonics Corp. v. Trowbridge. Petition for writ of certiorari granted in medical device product liability action as to discovery order that required the production of identifying information of individuals who report foreign adverse events pursuant to federal regulations, in a question of first impression. 211 So. 114 (Fla. 4th DCA 2017).

Obtained summary judgment on behalf of a medical device manufacturer in litigation alleging that a pedicle screw implanted during back surgery was defective.

Class Action

Teggerdine v. Speedway LLC & WorldPay US, Inc. In a class action alleging negligent implementation of a payment-card processing system caused extended holds to be placed on funds in customers’ financial accounts, Jennifer was part of the Shook case team that successfully obtained dismissal or summary judgment on most claims and then the denial of class certification on the remaining negligence claim. No. 16-3280 (M.D. Fla.), 2018 WL 583114 (Jan. 26, 2018) (partial dismissal); 2018 WL 1730356 (Apr. 10, 2018) (partial summary judgment); 2018 WL 2451248 (May 31, 2018) (denial of class certification).  

Carsten v. University of Miami. In a class action alleging failure to safeguard protected health information of university hospital patients, a favorable settlement was negotiated while a dispositive motion to dismiss was pending (S.D. Fla. 2014).

Appellate

Tyco Fire Prods., L.P. v. 2711 Hollywood Beach Condo. Ass’n, Inc. A petition for writ of certiorari was granted in a product liability action as to a discovery order that required production of privileged information. 207 So. 3d 299 (Fla. 3d  DCA 2016).  

Stratton v. 6000 Indian Creek, LLC. Successfully defended an order sanctioning a party and his counsel for presenting frivolous defenses to excuse the party’s refusal to vacate the property after foreclosure, in a proceeding to enforce a foreclosure judgment. 95 So. 3d 334 (Fla. 3d DCA 2012), rev. denied, 116 So. 3d 384 (Fla. 2013).

Minor v. Brunetti. Successfully reversed the dismissal of a complaint in a declaratory judgment case to determine the true owner of property. 43 So. 3d 178 (Fla. 3d DCA 2010).

The Vizcayans Inc. v. City of Miami. Successfully petitioned appellate court to issue a writ of certiorari quashing the city’s zoning and permitting decisions that permitted the construction of high-density residential condominiums that would have diminished the integrity of Vizcaya Museum and Gardens, a National Historic Landmark. 15 Fla. L. Weekly Supp. 657 (Fla. 11th Jud. Cir. May 7, 2008).

 

Environmental

Origene v. BP America Production Company & BP Exploration & Production, Inc. In a toxic tort case alleging that a Deepwater Horizon oil spill response worker sustained medical injuries following his response work, successfully obtained summary judgment on Plaintiff’s claims given the plaintiff’s lack of expert testimony. No. 18-25069 (S.D. Fla., Sept. 16, 2019).

Bohn v. The Mosaic Co. Obtained voluntary dismissal without settlement of a high-profile putative class action alleging that our client's storage, management and operation of a phosphogypsum stack in Central Florida gave rise to actionable claims of negligence, nuisance and strict liability after a sinkhole developed underneath the property. No. 16-2724 (M.D. Fla., June 13, 2017).  

The Vizcayans, Inc. v. City of Miami. Successfully obtained final order from the Administration Commission comprising Florida’s governor and the Cabinet concluding that the city’s land use decision to allow the construction of high-density residential condominiums was not in compliance with Florida’s Growth Management Act, after a bench trial before an administrative law judge. No. ACC-08-004 (Administration Commission, Mar. 27, 2009), Case No. 07-2498 (Fla. Div. Adm. Hearings, July 9, 2008).

Presentations and Publications

Saving You From Spoliation: How to Minimize the Risk of a Spoliation Claim, Annual Association of Corporate Counsel South Florida Conference, Fort Lauderdale, Florida, September 27, 2018 (with Al Saikali, James Feeney, Devin Moss and Vanessa Offutt).

Hot Topics in Class Actions and Appellate Decisions, Legal and Ethical Developments for In-House Counsel, Miami, Florida, November 30, 2018.

Don't Get Yourself Into a Pickle: Avoiding the Quirks of Florida Law, Association of Corporate Counsel South Florida, Fort Lauderdale, Florida, October 6, 2017 (with Daniel Rogers and Al Saikali). 

Frye v. Daubert - What the Florida Supreme Court's Recent Decision on Daubert Means For You, Dade County Defense Bar Association, Miami, Florida, May 3, 2017 (with Judge Ellen L. Leesfeld and Daniel Rogers).

Jennifer A. McLoone (co-author), Florida, in Class Action Compendium (DRI Defense Library Series 2016 and 2011).