Dan handles individual, multiparty and class action litigation in various fields, including product liability, insurance, employment, disability, real estate, probate and numerous other business litigation matters. A Board Certified Specialist in Appellate Practice and Chair of Shook’s Florida/Eleventh Circuit Appellate Practice Team, Dan has briefed and argued more than 50 appeals in Florida, as well as multiple federal and state appellate courts across the country. He has also tried jury and non-jury cases in state, federal and administrative courts.
He has substantial experience litigating employment matters, including wage-and-hour claims as well as those involving claims under the Americans with Disabilities Act (ADA). For example, he obtained a dismissal with prejudice, with no payment made to plaintiff, in a suit against a manufacturer alleging off-the-clock overtime. In another case, he was able to obtain a favorable settlement of a wage-and-hour suit in which claims were related to working during lunch breaks and managerial classification.
Dan has written and lectured about appeals, class action, legal ethics, expert witnesses and emerging issues in environmental law. He also devotes significant time to pro bono efforts, having helped those who cannot afford legal representation with their criminal, immigration, probate and family law problems. Dan also serves on the Miami-Dade County Planning Advisory Board, the county's designated local planning agency and the main advisory board to the Board of County Commissioners on matters related to planning, annexations and incorporations.
Trial and Appellate Counsel
Ramirez v. E.I. du Pont de Nemours & Co. | In a product liability case alleging an agrichemical caused cancer and other personal injuries, Dan obtained a defense verdict at trial, and then successfully defended the defense judgment on appeal. No. 09-321 (M.D. Fla. 2010), aff’d, 579 F. App’x 878 (11th Cir. 2014).
Castillo v. Roche Laboratories Inc. | In an employment discrimination/retaliation case, Dan obtained a defense summary judgment and successfully defended the judgment on appeal. No. 10-20876 (S.D. Fla. Apr. 6, 2011), aff’d, 467 F. App’x 859 (11th Cir. 2012).
The Vizcayans, Inc. v. City of Miami | In a land use and zoning case, Dan successfully represented a non-profit organization in concurrent trial and appellate proceedings to quash municipal decisions that allowed construction of a building that would have diminished the integrity of Miami’s only National Historic Landmark. 15 Fla. L. Weekly Supp. 657 (Fla. 11th Jud. Cir. May 7, 2008), and 2009 Fla. Div. Adm. Hear. LEXIS 693 (Fla. Adm. Comm’n 2009).
Burningham v. Wright Medical Grp., Inc. | In a product liability case alleging a hip implant caused personal injuries, Dan filed an amicus brief on behalf of industry groups urging the Utah Supreme Court to extend comment k of the Restatement (Second) of Torts to implantable medical devices. No. 20180143-SC (Utah).
Wright v. Howmedica Osteonics Corp. | In a product liability case alleging a component used in a hip replacement caused personal injuries, Dan successfully defended an order dismissing the case with prejudice. 741 F. App'x 624 (11th Cir. 2018).
Carlson v. Boston Scientific Corp. | In a product liability case alleging that a permanent medical implant caused personal injuries, Dan successfully defended a summary judgment on a failure-to-warn claim under North Carolina law. 856 F.3d 320 (4th Cir. 2017).
Howmedica Osteonics Corp. v. Trowbridge | In a consolidated proceeding of multiple product liability cases alleging that a hip implant caused personal injuries, Dan successfully petitioned the appellate court for an extraordinary writ of certiorari that, on an issue of first impression, quashed an order requiring disclosure of foreign reporters of adverse incidents. 211 So. 3d 114 (Fla. 4th DCA 2017).
Battersea Woods, LLC v. City of Miami | In an appeal by a developer from the denial of its plat application, the City retained Dan to defend the appeal and then to work with City staff to implement a unique resolution reached with the developer and neighbors. No. 16-402 (Fla. 11th Jud. Cir.)
Tyco Fire Prods., L.P. v. 2711 Hollywood Beach Condo. Ass’n. | In a product liability/construction defect case alleging that incompatible sprinkler pipe caused property damage, Dan successfully petitioned the appellate court for an extraordinary writ of certiorari that quashed an order requiring disclosure of privileged documents. 207 So. 3d 299 (Fla. 3d DCA 2016).
Statute of Limitations Appeals | In a series of product liability cases alleging that a permanent medical implant caused personal injuries, Dan successfully defended summary judgments based on the Utah, Florida and Michigan statutes of limitations, respectively. Timothy v. Boston Scientific Corp., 665 F. App’x 295 (4th Cir. 2016); Robinson v. Boston Scientific Corp., 647 F. App’x 184 (4th Cir. 2016); Fleming v. Boston Scientific Corp., 627 F. App’x (4th Cir. 2015); Hay-Rewalt v. Boston Scientific Corp., 623 F. App’x 92 (4th Cir. 2015).
Witt v. Stryker Corp. | In a product liability case alleging that a knee implant caused personal injuries, Dan successfully defended a Daubert order excluding the plaintiff’s expert and the resulting defense summary judgment. 648 F. App’x 867 (11th Cir. 2016).
Transp. Eng'g, Inc. v. Cruz | In a wrongful death case alleging negligent design of a highway median guardrail, Dan successfully petitioned the appellate court for an extraordinary write of certiorari that quashed a non-final order denying the guardrail designer’s motion for summary judgment and remanded with directions to enter judgment absolving the guardrail designer of liability. 152 So. 3d 37 (Fla. 5th DCA 2014), rev. denied, 171 So. 3d 115 (Fla. 2015).
Miami Gardens Square One, Inc. v. Raszeja | In a personal injury case arising from a violent attack by security at a night club, Dan successfully defended the appeal of an order compelling production of a surveillance video. 149 So. 3d 20 (Fla. 3d DCA 2014).
Fuzzell v. E.I. du Pont de Nemours & Co. | In a product liability case alleging an agrichemical caused crop damage, Dan successfully defended an order excluding the plaintiffs’ causation expert and the resulting defense summary judgment. 127 So. 3d 523 (Fla. 5th DCA 2013) and No. 5D11-659 (Fla. 5th DCA 2011).
Stratton v. 6000 Indian Creek, LLC | In a proceeding to enforce a foreclosure judgment, Dan 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. 95 So. 3d 334 (Fla. 3d DCA 2012), rev. denied, 116 So. 3d 384 (Fla. 2013).
Agrofollajes, S.A. v. E.I. du Pont de Nemours & Co. | In a 27-plaintiff product liability case alleging an agrichemical caused crop damage, Dan successfully defended defense judgments on the seven biggest claims and reversed plaintiff judgments on 20 other claims. 48 So. 3d 976 (Fla. 3d DCA 2010).
Minor v. Brunetti | In a declaratory judgment case to determine the true owner of property, Dan successfully reversed the dismissal of a complaint. 43 So. 3d 178 (Fla. 3d DCA 2010).
Antar v. SeaMiles, LLC | In a breach of contract case, Dan successfully reversed an order forfeiting nearly $800,000 due under the contract. 994 So. 2d 439 (Fla. 3d DCA 2008).
East Coast Electric v. Dunn | In a product liability case involving catastrophic electric burns, Dan successfully defended summary judgment for a product manufacturer. 979 So. 2d 1018 (Fla. 3d DCA), rev. denied, 966 So. 2d 211 (Fla. 2008).
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, Dan 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).
LexisNexis v. Weil Quaranta, P.A. | In a class action alleging that an information service provider sold a worthless legal research product, Dan obtained a dismissal with prejudice following a petition to compel the matter into individual (non-class action) arbitration. (Fla. 11th Jud. Cir. Ct. 2015).
Larkin v. GameStop, Inc. | In a class action alleging unfair and deceptive practices in the sale of used video games, a favorable individual settlement was reached following a ruling partially dismissing the complaint. (S.D. Fla. 2015).
Carsten v. University of Miami | In 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).
Freburger v. Alcon Laboratories, Inc. | In a class action alleging unfair practices in connection with prescription eye drops, the matter was voluntarily dismissed before a hearing on a dispositive motion to dismiss. (S.D. Fla. 2014).
Chapman v. Remington Arms Co. | In a class action alleging a defect in a rifle's firing mechanism, the matter was voluntarily dismissed after Dan filed a dispositive motion to dismiss. (S.D. Fla. 2013).
Insurance Class Actions | In successive class actions alleging improper insurance practices, Dan obtained an order dismissing the first class action, then reached a favorable settlement on appeal; the second class action was voluntarily dismissed following a venue transfer and the filing of a dispositive motion to dismiss. Atkinson v. Wal-Mart Stores, Inc., 349 F. App’x 426 (11th Cir. 2009); Gaub v. Wal-Mart Stores, Inc., 2012 WL 5411220 (S.D. Fla. Nov. 6, 2012).
Top Branch Environmental Services, Inc. v. Hoodridge Unlimited, Inc. | In a class action alleging deceptive practices in mulch packaging, Dan obtained a denial of class certification due to the inadequacy of the representative, resulting in a voluntarily dismissal. (S.D. Fla. 2009).
O’Neill v. Home Depot USA, Inc. | In a class action alleging deceptive practices in tool rental damage waivers, class certification was denied and the case was then voluntarily dismissed. 243 F.R.D. 469 (S.D. Fla. 2006).
Corbett v. Sprint Spectrum, L.P. | In a class action alleging deceptive and unfair practices in mobile phone service early termination fees, the court granted a petition to stay and compel the case into arbitration. (Fla. 19th Jud. Cir. Ct. 2005).
Jury Verdicts and Jury Instructions, ABA 2019 Appellate Practice Regional Program, Miami, Florida, May 16, 2019.
Hot Topics in Class Actions and Appellate Decisions, Legal and Ethical Developments for In-House Counsel, Miami, Florida, November 29, 2018.
ADA in the Internet Age: Minimizing the Risks of "Gotcha" Lawsuits, Presentation for Pfizer, New York City, February 14, 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 Jennifer McLoone 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. Leesfield and Jennifer McLoone).
Pre-Trial Preservation: Paving the Way to Ensure the Client Is in the Best Position Possible for Early Case Resolution or Trial, Appellate Practice Regional Meeting—ABA Regional CLE Workshop, Miami, Florida, April 28, 2017 (Panelist).
Mandamus/Prohibition, "Mandamus, Habeas, and Certiorari! Oh my! A Guide to Florida's Extraordinary Writ Petitions," The Third District Court of Appeal Spring Seminar, Miami, Florida, March 10, 2017.
You Have the Right to Remain Silent: Business Writing for Before Your Lawyer Arrives, Association of Corporate Counsel South Florida, Miami, Florida, November 16, 2016.
Best Practices for Appeals to the Third District, Dade County Bar Association Bench and Bar Conference, February 26, 2016 (Moderator).
What Every In House Counsel Should Know About Data Privacy, Class Actions and Attorney-Client Privilege, Daily Business Review's Corporate Counsel Summit, Miami, Florida, April 25, 2014 (with Bill Geraghty 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, October 10, 2012 (with Judge Ellen L. Leesfield and Jennifer McLoone).
How the Florida Supreme Court Has Reacted to State Efforts to Protect Coastal Lands from Erosion, The Next Generation of Environmental Law, Miami, Florida, December 3, 2010.
Surviving the Economic Storm with Professionalism: How to Keep Your Job While Maintaining Your Reputation, Dade County Bar Association and Young Lawyers Section Professionalism Committee, Miami, Florida, October 2, 2009 (Panelist, with Philip Bloom and Richard Milstein).
Rule 23(f) After 16 Years, Appellate Practice—ABA Section of Litigation, Fall 2014.
The Clerk's Time Stamp on a Notice of Appeal is Not Dispositive, ABA Section of Litigation, January 27, 2011.
ABA Section of Litigation Products Liability Newsletter, 2006 (with Eileen Moss).