Dan is the Appellate Practice Chair of Shook's Florida/Eleventh Circuit Team and is a Board Certified Specialist in Appellate Practice by the Florida Bar. He has successfully handled individual, multiparty, and class action cases in various fields, including contracts, fraud, deceptive and unfair trade practices, product liability, toxic torts, insurance, employment, professional liability, construction, real estate, land use, probate, bankruptcy and numerous other business litigation matters. He has briefed and argued appeals in Florida’s appellate courts, 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.
Dan has written on appellate procedure, class actions and product liability and has lectured on expert witnesses, appeals, class actions, federal practice, legal ethics and emerging issues in environmental law. He also devotes significant time to pro bono efforts, helping those who cannot afford legal representation with their criminal, civil, probate and family law problems.
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-cv-321-COVINGTON (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 as well. No. 10-cv-20876-SEITZ (S.D. Fla. Apr. 6, 2011), aff’d, 467 F. App’x 859 (11th Cir. 2012).
The Vizcayans, Inc. v. City of Miami, et al. 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).
Carlson v. Boston Scientific Corp. In a product liability case alleging that a permanent medical implant caused person 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 to quash an order requiring disclosure of documents that federal law deems confidential. 211 So. 3d 114 (Fla. 4th DCA 2017)
Tyco Fire Prods., L.P. v. 2711 Hollywood Beach Condo. Ass’n. In a product liability/construction defect case alleging that defective sprinkler pipe caused property damage, Dan successfully petitioned the appellate court for an extraordinary writ of certiorari to quash an order requiring disclosure of privileged documents. 207 So. 3d 299 (Fla. 3d DCA 2016).
Untimely Medical Device Personal Injury Claims. 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 defect in a knee implant caused personal injuries, Dan successfully defended a Daubert order excluding the plaintiff’s expert and the resulting defense summary judgment. 2016 WL 1583816, 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 to quash a non-final order denying the guardrail designer’s motion for summary judgment and to remand 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 an agrichemical product liability case alleging 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 agrichemical product liability case alleging 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).
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 case 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).