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Kimberly Kanoff Berman

Portrait of Kimberly Kanoff Berman

Kimberly is a shareholder in the firm's Appellate Advocacy and Post-Trial Practice Group in the Professional Liability Department and is Board-certified in Appellate Practice by the Florida Bar. She has litigated numerous appeals in Florida state and federal appellate courts across a wide variety of subject matters in cases including but not limited to cases involving, medical malpractice, construction defect, condominium and homeowner association matters, insurance coverage, bad faith, maritime, aviation and premises liability. Kimberly handles the brief writing, motion practice and oral arguments. In addition to her extensive appellate practice, Kimberly provides litigation support in insurance coverage, construction defect, premises liability, casualty, professional malpractice and bad faith cases.

Kimberly has an AV Preeminent rating by Martindale-Hubbell, the highest rating for professional competence. From 2015-2020, Kimberly was recognized as a Super Lawyers Rising Star, a designation given each year to only 2.5 percent of lawyers in the state of Florida. She has also been recognized as a Top Lawyer for Appellate Law by the South Florida Legal Guide. Kimberly was selected to Florida Trend Legal Elite Notable Women Leaders in Law.

Kimberly is actively involved in bar association and related legal societies. She is a member of the Board of Trustees of the Florida Supreme Court Historical Society and currently serves as Treasurer and Communications Chair.  An active member of the Florida Bar, she is Vice Chair (Live Programs) of the Appellate Practice Section's CLE Committee and past chair of the Pro Bono and Programs Committees. She has been a member of the Broward County Bar Association, the Dade County Bar Association, the Defense Research Institute, the Florida Defense Lawyers' Association, the Third District Court of Appeal Historical Society and the Rosemary Barkett American Appellate Inn of Court. She has served as the president of the Third District Court of Appeal Historical Society and as co-chair of the Dade County Bar Association's Appellate Practice Section.

She has spoken on appellate and litigation support topics and written multiple articles on important issues impacting appellate and trial lawyers. Kimberly has also served as adjunct faculty at three law schools: Nova Southeastern Shepard Broad College of Law in Davie, Florida; Ave Maria School of Law in Naples, Florida; and St. Thomas University Benjamin L. Crump College of Law in Miami Gardens, Florida.

Prior to joining the firm, Kimberly was the head of the appellate division at a local defense firm. Before entering private practice, Kimberly served as a Career Research Attorney for the Honorable David M. Gersten of the Third District Court of Appeal in Miami, Florida. She also interned at the Third District and at the Florida Supreme Court in Tallahassee, Florida, while in law school.

Kimberly graduated from the University of Florida, Gainesville, with a Bachelor of Science in Public Relations with high honors. She subsequently attended the University of Miami School of Law in Coral Gables, Florida, where she obtained her juris doctor.

    • University of Miami School of Law (J.D., 2005)
    • University of Florida (B.S., 2002)
    • Florida, 2005
    • U.S. District Court Southern District of Florida, 2006
    • U.S. District Court Middle District of Florida, 2011
    • U.S. Court of Appeals 11th Circuit, 2011
    • U.S. District Court Northern District of Florida, 2013
    • U.S. Court of Appeals 3rd Circuit, 2019
    • Successfully obtained a per curiam affirmance by the Sixth District Court of Appeal of a final judgment dismissing with prejudice a negligence action in favor of our clients, a condominium association and property manager. The plaintiff, a condominium unit owner, alleged he sustained injuries after falling on his patio and asserted claims for negligence and punitive damages arising from the association’s alleged failure to repair the patio. After multiple opportunities to amend, the trial court granted the motion to dismiss and dismissed the third amended complaint with prejudice for failure to state a cause of action. On appeal, the plaintiff argued the dismissal was erroneous and further asserted that the trial court engaged in improper ex parte communications and failed to exercise independent judgment by adopting a proposed order submitted by defense counsel. After briefing, the Sixth District Court of Appeal affirmed the final judgment in the association’s favor and granted the association’s motion for appellate attorneys’ fees. Brent Clark v. Master Condominium Association, Inc., et al., No. 6D2025-1609 (Fla. 6th DCA July 7, 2026).
    • Succeeded in obtaining an affirmance by the Second District Court of Appeal of a final judgment in a slip-and-fall premises liability matter, for a business establishment and property owner. The plaintiff was a business invitee who sued the property owner for negligence after she fell while riding her electric bicycle through its landscaped parking lot. During discovery, the plaintiff claimed the fall occurred while she was traversing through a section “covered heavily in leaves.”  The plaintiff, however, could not identify how she fell nor whether there were any objects or foreign substances causing her fall. The property owner moved for summary judgment, asserting the accumulation of leaves on the parking lot was an open and obvious, naturally occurring condition that could not constitute a dangerous condition to impose liability on a property owner. The court granted summary judgment in the property owner’s favor. After oral argument, the Second District Court affirmed per curiam the final judgment in the property owner’s favor. Carrie Collier v. Cars MTI-4 L.P. d/b/a Lazydays RV Resort, No. 2D2025-1980 (Fla. 2d DCA May 13, 2026).
    • Succeeded in obtaining an affirmance by the Fourth District Court of Appeal of a final judgment entered in favor of a law firm and managing lawyer. The law firm and lawyer issued an opinion letter on behalf of his clients as part of a commercial loan transaction for $7.5 million. After the client defaulted on the loan, the plaintiffs, sophisticated lenders, sued 20 different named defendants involved in the transaction. They sued the law firm and lawyer for negligent misrepresentation and breach of fiduciary duty for its role in issuing the third-party opinion letter. The trial court granted summary judgment in the law firm and lawyer’s favor, finding in an arm’s length transaction, there is no duty owed to nonclients. The lender appealed, phrasing the issue as a pure legal question of an attorney’s professional responsibility: “When an attorney issues an opinion letter – (i) knowing that the letter is attendant to a transaction in which a non-client party to that transaction will necessarily rely on the letter (as a condition precedent to the transaction); and (ii) invites reliance on the letter without qualification—does that attorney owe any duty of care to the intended non-client recipient? After oral argument, the Fourth District rejected the lender’s arguments attempting to extend a duty in these circumstances and affirmed the final judgment. FVP Opportunity Fund III, LP v. Graner Law Group, P.A., --So. 3d--, 2026 WL 172694 (Fla. 4th DCA Jan. 22, 2026).
    • Succeeded in obtaining an affirmance by the Second District Court of Appeal of a final judgment on a cross-claim for defense and indemnity in a construction defect matter for a window and door subcontractor. The plaintiffs were residential homeowners who sued the general contractor for construction defects following the construction of their luxury home. They also sued the window and door subcontractor for negligent misrepresentation in its recommendation to install windows and doors manufactured by a German manufacturer. The general contractor filed a cross claim against the window and door subcontractor and third-party claims against the other subcontractors involved in the construction for defense and indemnification. During litigation, the case was referred to nonbinding arbitration, where the arbitrator found that the general contractor was not negligent but that it breached the contract and warranties. The arbitrator also found there was no negligent misrepresentation on behalf of the window and door subcontractor. The arbitrator awarded the plaintiffs $3.1 million in damages. The general contractor moved for trial de novo on the cross claim and third-party claims only, accepting the $3.1 million award entered against it. Thereafter, the window and door subcontractor moved for summary judgment on the cross claim, asserting there was no obligation to defend or indemnify based on the express terms of the indemnification clause in the subcontract. The court granted summary judgment in the window and door subcontractor’s favor. After oral argument, the Second affirmed the final judgment in the window and door subcontractor’s favor. Monogram Builders, Inc. v. Architectural Products Sales, Inc., --So. 3d--, 2026 WL 391003 (Fla. 2d DCA Feb. 11, 2026).
    • Obtained an affirmance by the Sixth District Court of Appeal of a final judgment in a premises liability claim, stemming from a slip and fall on Main Street in Disney’s Magic Kingdom. The appeal attempted to conflate the burdens of proof on summary judgment. The court rejected the appellants’ arguments and affirmed the final judgment entered in favor of Disney without oral argument. Cote v. Walt Disney World Parks and Resorts, Inc., 6D2023-4212 (Fla. 6th DCA November 10, 2025).
    • Obtained summary judgment in a foodborne-illness wrongful death case. The plaintiff brought a wrongful death action against multiple parties, including the seafood supplier, asserting that the Decedent died after consuming raw oysters containing vibrio vulnificus. Our attorneys represented the supplier and argued that there was no evidence the oysters were defective when they left the supplier’s control. Their expert provided an affidavit outlining the applicable harvesting, processing, and transportation standards and confirmed that the supplier met all relevant duties. Faced with this record, plaintiff’s counsel ultimately conceded that the evidence did not support a claim against the supplier. The Court granted summary judgment in the supplier’s favor. The case continues against the remaining defendants, who face multimillion-dollar demands.
    • Succeeded in obtaining a reversal of a nonfinal order granting leave to amend to an estate to assert a claim for punitive damages and gross negligence against a dive captain, dive master, and the corporate entity dive companies. Duff v. Racine, 2025 WL 1646730 (Fla. 4th DCA June 11, 2025).
    • Succeeded in convincing the Fifth District Court of Appeal to quash an amended discovery order to compel a church to identify church members and produce membership lists in a suit for exploitation, theft, conversion, declaratory relief, and other causes of action brought by a church member against the church. The court agreed with the church’s arguments that the trial court’s order was deficient in that it failed to address the church’s claims of associational privilege under the First Amendment and that there was a disputed issue below as it related to the incorporation status of the church. St. Paul’s Catholic Church v. Hilt, 5D23-0955 (Fla. 5th DCA Mar. 1, 2024).
    • Obtained a per curiam affirmance in the Fifth District Court of Appeal of an order declaring the children dependent due to their father’s drug use and overdose in front of his children. Kimberly served as pro bono counsel for the statewide Guardian ad Litem program to represent the interests of the child as part of the Defending Best Interests Project. S.M. v. Dep’t of Children & Families, 5D23-3142 (Fla. 5th DCA February 1, 2024).
    • Obtained an affirmance by the Fifth District Court of Appeal for the firm’s client in an appeal of a nonfinal order denying plaintiff’s motion to disqualify counsel. Plaintiff’s counsel moved to disqualify our firm and defense counsel for their communications with a post-incident treating physician employee/agent of the client’s owner during the course of a premises liability lawsuit. Our client argued there was no conflict of interest and no violation of the patient-physician privilege to communicate with a post-incident treating physician, who was also an employee/agent of our client. The trial court agreed and denied the motion, and the Fifth District affirmed the denial of the nonfinal order on appeal and granted our client’s motion for appellate attorney’s fees on a provisional basis. Figueroa v. OHRI, LLC, 5D22-1894 (Fla. 5th DCA Jan. 16, 2024).
    • Obtained an affirmance by the Fourth District Court of Appeal of a venue order obtained by our client, a school board member. Plaintiff/Petitioner/Appellant, a convicted felon had run for a seat on a school board before his rights had been restored and won the election but refused to be sworn in with the other newly elected board members. Since he failed to qualify and refused to accept the seat within thirty days, the Governor issued an executive order that declared a vacancy and appointed our client to the school board instead. The Plaintiff filed a writ of quo warranto and a declaratory judgment action in Broward County urging the trial court to void the executive order and order that the Plaintiff take and hold the office of the school board immediately. The Governor and our client moved to transfer the case to Leon County based on the home venue privilege. The trial court granted the motion, and the Fourth District affirmed the nonfinal order on appeal. Velez v. DeSantis, 2023 WL 8636899 (Fla. 4th DCA Dec. 14, 2023).
    • Obtained a per curiam affirmance by the Sixth District Court of Appeal of a motion for summary judgment entered in favor of a rental manager. In granting summary judgment, the trial court found that the rental manager, which did not own the premises, did not owe the Plaintiff a non-delegable duty and had no duty to maintain the exterior of the premises pursuant to the owner agreement with the homeowner. The trial court also found that the guest failed to establish any genuine issue as to any material fact regarding an insufficiency or issue with the operation of the lighting of the porch on the property which would give rise to a breach of any possible duty. The Court also provisionally granted the rental manager attorney’s fees upon the determination of the trial court at the conclusion of the case, pursuant to a proposal for settlement.  Janice Dillard v. VHC Hospitality LLC d/b/a Vacation Home Collection, Luciana Pinto, and Terra Resort Villa Homeowners Association Inc., No. 6D23-1256 (Fla. 6th DCA May 16, 2023).  
    • Obtained an affirmance by the Third District Court of Appeal of a nonfinal order dissolving a temporary injunction initially entered against a multi-condominium association following the erroneous entry of a temporary injunction. Three unit owners contended the Association improperly passed a special assessment to be used toward reconstruction of one of the buildings following a fire. The unit owners obtained a preliminary injunction invalidating the special assessment, halting construction, and mandating the Association convene a membership meeting and community-wide vote. The Association swiftly moved to dissolve the injunction, which the trial court granted, recognizing that it committed clear legal error and a misapprehension of the facts when it entered the injunction. In affirming the order below, Judge Miller commended the trial judge for acknowledging its error and found there was a sufficient basis in law and fact for the dissolution and that allowing the injunction to stand would have been incompatible with equity principles. The Court also granted the Association entitlement to a conditional award of appellate attorney’s fees should it prevail below. Lecorps v. Star Lakes Association, Inc., No. 3D21-2195 (Fla. 3d DCA May 25, 2022).
    • Obtained an affirmance by the First District Court of Appeal of a termination of parental rights judgment entered against a father who refused to acknowledge he was the father and instead wanted to wait 5 years until he was released from prison to establish paternity and have a relationship with the child. Kimberly served as pro bono counsel for the statewide Guardian ad Litem program to represent the interests of the child as part of the Defending Best Interests Project. In affirming the order below, Judge Tanenbaum gave an in-depth analysis for the least restrictive means prong in TPR cases. P.B., Natural Father of J.C.T., Minor Child v. Fla. Dep’t of Children & Families & Guardian ad Litem for J.C.T., No. 1D21-3420 (Fla. 1st DCA March 29, 2022).
    • Obtained an affirmance by the Fifth District Court of Appeal of a final summary judgment in a premises liability action arising from a slip and fall in the bathroom of a renter’s own residential unit. The trial court ruled that there were no genuine issues of material fact as to actual or constructive notice concerning the transitory foreign substance found or negligent maintenance of the bathroom.  The Fifth District agreed and affirmed. Foreman v. Grep Southeast, LLC & Sabal Club Holdings, LLC, LLC , No. 5D21-1724 (Fla. 5th DCA March 22, 2022). 
    • Obtained an affirmance in the Fourth District Court of Appeal of a final dismissal order of third party claims for tortious interference with an advantageous business relationship, civil conspiracy to commit tortious interference with a contract, aiding and abetting tortious interference with a contract, and vicarious liability, against a law firm and its lawyers who filed the underlying lawsuit against the appellant. Jallali v. Zhou, 4D20-5 (Fla. 4th DCA April 22, 2021).
    • Obtained an affirmance of a final summary judgment by the First District Court of Appeal in a slip and fall case. The appellant argued that a restaurant/bar owner should have warned a patron about the bar stool being a dangerous condition and of the slippery dance floor, but presented no evidence that the owner was in a superior condition than the appellant. The Court rejected the appellant’s arguments and affirmed the final judgment in favor of the owner. Aljuni v. Blackfinn Jax, LLC, No. 1D20-946 (Fla. 1st DCA April 20, 2021). 
    • Succeeded in obtaining an affirmance in the Fifth District Court of Appeal of a final dismissal order of a wrongful death products liability action. The Estate had filed the lawsuit two years after the statute of limitations expired, and claimed the limitations period was tolled due to the alleged adverse interest of the child’s mother who had been abused by the deceased prior to the accident on an agricultural production site. The trial court dismissed the case with prejudice after giving the Estate five attempts to amend. The Fifth District affirmed the dismissal and dispensed with oral argument that same day.  Rude v. Morbark, Inc., Case No. 5D20-976 (Fla. 5th DCA April 20, 2021).
    • Succeeded in obtaining an affirmance by the Fourth District Court of Appeal of a final judgment entered in favor of an insurance carrier in a case involving an alleged assignment of benefits for a water loss. The county court granted final summary judgment in favor of the insurer, finding the plaintiff lacked standing to sue. The case sat in limbo in the circuit court appellate division and then was transferred to the Fourth District Court of Appeal after the jurisdictional changes took place. Four months later, the Fourth District issued a written opinion citing to one of the cases that the insurance carrier relied on in its Answer Brief.  Empire v. United Property & Casualty Company, No. 4D21-65 (Fla. 4th DCA April 14, 2021). 
    • Obtained a dismissal by the Fourth District Court of Appeal of an appeal of an order denying emergency relief in our  client’s action to foreclose a claim of lien and for damages and breach of contract against a former unit owner. The appellant attempted to revive an untimely appeal of a prior order by obtaining a new order to the same effect as the original and then filing the notice of appeal within thirty days of that most recent order. The Fourth District dismissed the appeal and granted the association its motion for entitlement to appellate attorney’s fees. Sawyers v. Lakeside Manor North Association, No. 4D21-225 (Fla. 4th DCA April 7, 2021).
    • Obtained an affirmance by the Fourth District Court of Appeal of the dismissal with prejudice of a listing real estate agent and his broker, in an alleged negligence and fraud case. The Fourth District rejected the plaintiffs’ arguments that the trial court abused its discretion in dismissing their pleadings due to their attorney’s conduct and detailed how the plaintiff’s attorney dropped the ball in litigating the case, in a separate opinion reversing the plaintiffs’ attorney’s contempt conviction. Arnoul v. Perlstein, No. 4D20-67 (Fla. 4th DCA Feb. 3, 2021).
    • Obtained an affirmance by the Second District Court of Appeal of a directed verdict entered at trial in an action to hold a welfare agency vicariously liable for an alleged assault and battery by an employee who was terminated for forgery of the victim’s signature. The Second District rejected the plaintiff’s arguments, and affirmed the final judgment in favor of the defendant.  Fields v. The Devereux Foundation, Inc., No. 2D19-2947 (Fla. 2d DCA Jan. 6, 2021).  
    • Obtained an affirmance by the First District Court of Appeal of a defense verdict obtained for client, an owner of a commercial retail center and parking lot, in a negligent security action. A chef was taking garbage outside a restaurant, when he was shot and killed. The Estate sued the owner of the building and the parking lot as well as defendants involved in the development, design, and maintenance of the retail center.  The jury returned a defense verdict in favor of all defendants. The Estate appealed, arguing that the trial court abused its discretion in excluding subsequent remedial measure evidence of the installation of lighting, signs, and cameras in the parking lot after the shooting.  The First District rejected the Estate’s argument, and affirmed the final judgments in favor of the defendants.  Rowe v. Rowin, No. 1D19-2637 (Fla. 1st DCA Nov. 25, 2020). 
    • The Fifth District Court of Appeal affirmed the final judgment entered in favor of a hospital and three of its trauma/critical care physicians, where the Plaintiff’s sole expert on liability and causation was a retired internal medicine physician, and the trial court found that the Plaintiff’s expert lacked the requisite qualifications under Florida law to render opinions against the hospital and its three specialist physicians.  Pisano v. Orlando Health, Inc. d/b/a Orlando Regional Medical Center, 5D19-524 (Fla. 5th DCA 2019).
    • The First District Court of Appeal affirmed final judgment entered in favor of the Association in a dispute over the use of a condominium unit as a full-service restaurant.  Fehrman v. Gateway Commons II Condominium Association, Inc., 1D17-4555 (Fla. 1st DCA 2018). 
    • The Fifth District Court of Appeal affirmed final summary judgment entered in favor of the insurer in a claim for post-arbitration interest and bad faith, stemming from an underlying uninsured motorist claim.  Huffman v. Commerce West Ins. Co., No. 5D16-4692 (Fla. 5th DCA 2018).
    • The Fourth District Court of Appeal affirmed the trial court's finding of defense and indemnity and an award of attorney's fees to a contractor.  Blok Builders, LLC v. Katryniok, No. 4D16-1811 (Fla. 4th DCA 2018).
    • The Third District Court of Appeal reversed and remanded an adverse final judgment entered against the insurer in an uninsured motorist case. The Court found that the insurer was either entitled to a summary judgment or a directed verdict because coverage was a legal and not a factual question, and the insurer was entitled to judgment as a matter of law. Zurich American Insurance Company v. Cernogorsky, No. 3D16-689 (Fla. 3d DCA 2017).
    • The Southern District Court of Florida, acting in its appellate capacity, affirmed a bankruptcy court's order denying a motion to reopen the case for action effecting discharge of debtor.  Verdecia v. Valentine, No. 17-CV-60723-WPD (S.D. Fla. 2017).
    • The Third District Court of Appeal affirmed the trial court's denial of a non-final order granting the defendants' motion to transfer venue based on forum nonconveniens in an aviation case.  Theobald v. Piper Aircraft, Inc., No. 3D16-1504 (Fla. 3d DCA 2016).
    • The Fourth District Court of Appeal reversed in part an adverse final judgment entered in favor of an insurance agent, finding that the contract between the agent and the agency was divisible so that the statute of limitations for each commission began to run when a comission was received by the agency.  Access Ins. Planners, Inc. v. Gee, No. 4D14-1883, 4D14-2706 (Fla. 4th DCA 2015).
    • The Fourth District Court of Appeal affirmed the entry of summary judgment in favor of a shopping center owner who was sued after a motorcycle patron was injured in an accident on the roadway outside of the shopping center. Ball v. Black, No. 4D14-276 (Fla. 4th DCA 2015).
    • The Second District Court of Appeal denied the plaintiff's petition for certiorari challenging the trial court's discovery order on attorney-client privilege issues in a bad faith case. Mabie v. Universal Underwriters Ins. Co., No. 2D14-847 (Fla. 2d DCA 2014).
    • The Eleventh Circuit Court of Appeals affirmed a final summary judgment entered in favor of an excess carrier, finding that its insured breached the policy by failing to notify the excess insurer of the occurrence, claim, and suit until almost four years after the occurrence and claim and several months after final judgment was entered against the insured. American Guarantee & Liability Insurance Co. v. Simon Roofting & Sheet Metal Corp., No. 13-11685 (11th Cir. 2014).
    • The Third District Court of Appeal affirmed the trial court's entry of post-trial directed verdict in favor of a cruise line in a slip in fall case, where the plaintiff failed to prove negligence. Deutsch v. Celebrity Cruises, Inc., No. 3D12-1710 (Fla. 3d DCA 2013).
    • The Third District Court of Appeal affirmed a final summary judgment entered in favor of a spa servicer on a cruise ship. The trial court found that the spa did not have a legal duty to the cruise patron to provide CPR or defibrillation after a patron collapsed while exercising on a treadmill in the cruise ship's gym. Amaran v. Royal Carribean Cruises, Ltd., (Fla. 3d DCA 2013).
    • The Third District Court of Appeal reversed the trial court's order denying the spa operator's motion to dimiss based on a contractual forum selection clause.  Steiner Transocean Limited v. Efremova, No. 3D12-2390 (Fla. 3d DCA 2013).
    • Chambers USA, Litigation: Appellate, Florida, Band 3 (2026)
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America©, Appellate Practice (2026-2027)
    • Florida Trend, Legal Elite, 2023 Notable Women Leaders in Law
    • South Florida Legal Guide, Top Lawyer, Appellate Law (2021)
    • Florida Super Lawyers Rising Star (2015-2020)
    • South Florida Legal Guide, Top Up and Comers, 2020
    • Broward County Bar Association
    • Dade County Bar Association
    • Florida Association of Women Lawyers, 2009-2013
    • Florida Bar, Appellate Practice Section Vice Chair (Live Programs), CLE Committee, 2023; Pro Bono Committee Chair, 2021; Executive Council, 2016-Present; Legislative Committee Vice Chair, 2018-2020; Programs Committee Chair, 2015-2018
    • Florida Bar, Board Certified in Appellate Practice, 2020
    • Florida Supreme Court Historical Society, Treasurer & Communications Chair, 2024
    • Florida Supreme Court Historical Society, Secretary, 2023
    • Rosemary Barkett American Appellate Inn of Court
    • Third District Court of Appeal Historical Society
    • Obtaining Evidence from Electronic Devices in Florida, National Business Institute Seminar, November 26, 2024 
    • Advanced Brief Writing - Tips, Tools, and Technology for Improving Your Appellate Brief, Miami-Dade Bar's Appellate Court Committee CLE, October 31, 2024 
    • A Not-So- “Little” Problem with Precedent: Intra-District Conflicts in Florida’s District Court of Appeals, The Florida Bar Appellate Practice Section's Audio Webcast, August 15, 2023 
    • Insurer Malpractice Claims Against Defense Counsel: Recognizing, Defending, and Preventing Potential Claims - Common Errors and Strategies for Avoiding Them, Panelist, Strafford CLE Webinar, January 24, 2023
    • Brief Writing for the Third DCA, Moderator, Florida Bar's Appellate Practice Section's Practicing Before the Florida Third District Court of Appeal 2022 CLE Seminar, Miami, FL, October 28, 2022
    • Preventing Defective Jury Instructions In Personal Injury Trials: Leveraging Errors on Appeal - Part III Common Objections, Panelist, Strafford CLE Webinar, September 7, 2022
    • UNprecedented, Summarily: A Podcast for Busy Lawyers, June 23, 2022
    • Punitive Damages and Interlocutory Appeals, Panelist, Miami-Dade Bar Miami Law Con, April 22, 2022
    • Everything Old is New Again Series - A Conversation with the Judiciary: Challenges and Opportunities in the Changing Landscape of Appellate Practice, Co-Host/Moderator, Florida Bar Winter Meeting Virtual CLE, Guardian ad Litem Program and Florida Bar Appellate Practice Section, January 26, 2022
    • 56 Feds are Coming: Strategies Using the Upcoming Florida Summary Judgment Standard, Marshall Dennehey Client Webinar, January 15, 2021
    • The Great Font Debate, Issues on Appeal Podcast, January 2021 
    • Hidden Essentials of Appellate Law, Co-Chair, Florida Bar Appellate Practice Section, West Palm Beach, FL, February 2019
    • Understanding Hearsay and Keeping Evidence Out (Pre and Post Trial), The Rules of Evidence: A Practical Toolkit, National Business Institute, Fort Lauderdale 2017
    • "Appellate Pro Bono Attorneys Step Up to Defend Children," The Florida Bar News, February 16, 2023
    • Adjunct Faculty, Nova Southeastern Shepard Broad College of Law, Davie, FL (2014-2015)
    • Adjunct Faculty, Ave Maria School of Law, Naples, FL (2009-2013)
    • Adjunct Faculty/Mock Trial Team Coach, St. Thomas University School of Law, Miami Gardens, FL (2008-2011)
    • Florida Guardian Ad Litem Office, Defending Best Interests (DBI) program
    • Board Certified, Appellate Practice, The Florida Bar

Results

Summary Judgment Secured in a Foodborne Illness Wrongful Death Matter

We won summary judgment in a foodborne illness wrongful death case. The plaintiff filed a wrongful death action against multiple parties, including the seafood supplier, distributors, transporters and the restaurant that served the decedent. The plaintiff alleged the decedent died as a result of eating raw oysters that contained vibrio vulnificus. We represented the supplier and argued there was no evidence the oysters were defective when they left the supplier’s hands. An expert was retained to support our motion for summary judgment. The expert prepared an affidavit citing the applicable duties pertaining to the harvesting, processing, and transportation of the oysters and stated the supplier did not breach any of the applicable duties. Utilizing calculated pressure tactics in a long-term strategy execution, plaintiff’s counsel eventually conceded that the record evidence did not support a finding that the supplier breached its duties, resulting in the court granting summary judgment. The case remains ongoing with multimillion dollar demands against the remaining defendants.

Obtained Reversal of Non-Final Order in a Wrongful Death Case

We obtained reversal of a non-final order in a wrongful death case against a dive captain, dive master and the corporate entity dive companies. A woman drowned while scuba diving on a chartered tour. Following her death, the toxicology report revealed high levels of illicit drugs and alcohol. During the course of litigation, her estate moved for leave to amend their complaint to add a claim for gross negligence and punitive damages, claiming the defendants were grossly negligent for failing to use the buddy system and for allowing the decedent to dive when they knew or should have known she was intoxicated. The estate also claimed gross negligence against the dive master for allowing the decedent out of his eyesight for four to ten minutes during the dive, despite having identified the decedent as requiring “special assistance.” In support of their motion, the estate relied on the police statements, deposition testimony and an expert report. The defendants argued the evidence was insufficient to support the amendment and contended that none of the witnesses knew that the decedent was intoxicated before she dove. In granting the motion, the trial court did not make an affirmative finding that the estate had made a reasonable showing by evidence, which would provide a reasonable evidentiary basis to recover punitive damages. On appeal, the Fourth District agreed with our arguments and reversed on several grounds. First, the Fourth District concluded the trial court applied the wrong legal standard. Second, the court found the estate failed to present sufficient evidence to establish a reasonable basis for recovery of punitive damages against the dive captain and dive master. Third, the estate’s proposed amended complaint did not properly allege a claim against the corporate entity defendants. 

Thought Leadership

Daily Business Review

A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims

August 6, 2026

Kimberly and Seth, shareholders in the Insurance Services Practice in our Fort Lauderdale office, break down the Florida Supreme Court's decision in 'Trace Elements v. MacKensen' and what it means for property insurance claims in the state. Read the article here.

Perlmutter Provides Predictability for Punitive Damages Claims in Florida

June 15, 2026

In a much anticipated decision, the Florida Supreme Court provided clarity for the standards of proof for punitive damages claims in Perlmutter v. Federal Insurance Company, SC2024-0058 (Fla. June 11, 2026). Litigants and trial judges must be mindful of the standards laid out by the Court. And, defense practitioners must be prepared to alter their strategies to defend against such claims. Perlmutter came to the Court from the Fourth District, based on conflict jurisdiction with decisions from the Second and Fifth District and on certification of a question of great public importance as to the standard of proof for punitive damages claims at the pleading stage. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 29 (Fla. 4th DCA 2023). In the underlying case, the Fourth District made two conclusions. First, it held that a “trial court must consider the evidentiary showing by all parties at the hearing on the motion to amend, that is, evidence ‘in the record’ and evidence ‘proffered by the claimant.’”  376 So. 3d at 33. Second, the Fourth held that it “interpreted section 768.72(1) and (2) to require the trial court to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted.  Id. at 34 (underscoring in the original). In making these conclusions, the court cautioned trial courts that the “preliminary determination” analysis did not entitle the trial court to decide whether the evidence is clear and convincing and noted that the trial court should not weigh evidence and should not determine witness credibility. Id. The Florida Supreme Court accepted jurisdiction and answered the certified question in the negative. It quashed the decision below and remanded the case for application of the following standards: The trial court should consider only the evidence identified or proffered by the claimant; it should not entertain an evidentiary counter-submission from the opponent. The trial court should consider whether a reasonable person could conclude based on the claimant’s evidence, that the defendant committed “intentional misconduct” or “gross negligence” as defined in section 768.72(2) or section 768.72(3). The trial court must review the request for punitive damages in the context of the underlying claims. The trial court should not apply the clear and convincing standard of proof in reviewing the sufficiency of the evidence at the pleading stage. The trial court does not act as a fact-finder; the trial court must not weigh the claimant’s evidence—it cannot decide the truth of the matter. The trial court must consider the record evidence and the proffered evidence in the light most favorable to the plaintiff, but the allegations in the proposed amended complaint are not themselves evidence. Perlmutter, SC2024-0058 at 13-15 (emphasis added). In explaining these standards, the Court interpreted the text of the statute and compared it to a related statute which governs punitive damages in the nursing home context. The nursing home statute expressly calls for evidentiary submissions by “the parties” and expressly tells the trial court to determine whether there is a reasonable basis to believe the claimant could satisfy the “clear and convincing evidence” standard at trial. Id. at 17-18 (comparing the text of section 768.72(1), Florida Statutes, with section 400.0237, Florida Statutes). Without that express language in section 768.72, the statute could not be applied in the same manner. With these standards specially delineated for the trial courts, the Court is “confident that its interpretation of section 768.72(1) will not frustrate the effectiveness of the statute in accomplishing the Legislature’s textually evident purposes.” Id.  at 22 (cleaned up). This remains to be seen. While Perlmutter provides predictability and clarity for trial courts when reviewing the evidentiary submissions in support of a punitive damages claim, the decision will not likely impact the numbers of punitive damages motions filed. Rather, these new parameters will change the way claims are defended, reminiscent of a time when rulings on punitive damages were only subject to certiorari review and appellate courts were limited in reviewing procedural errors. This decision will likely deflate the level-playing field that Florida Rule of Appellate Procedure 9.130(a)(3)(G) addressed by allowing appeals of orders granting and denying punitive damages amendments. Further, Perlmutter may have impliedly created a call to action for the Legislature to amend section 768.72(1) in the same manner it amended section 400.0237 to allow the courts to analyze “admissible evidence submitted by the parties” and determine at a hearing whether there is a reasonable basis to believe the claimant at trial would be able to demonstrate by “clear and convincing evidence” that the recovery of punitive damages is warranted. Until then, defendants must adjust their strategies. To adapt to these new standards, defense practitioners will need to tailor their strategy for defending punitive damages claims since they can no longer submit a counter-proffer or urge a court to apply the clear and convincing standard at the pleading phase. Instead, defendants will need to attack the deficiencies in the claimant’s pleadings and proffer. If the trial court fails to serve as a gatekeeper, and does not apply the above standards, then defendants can pursue an interlocutory appeal under Rule 9.130(a)(3)(G). If a nonfinal appeal is taken, then defendants should move to stay any intrusive financial discovery while the appellate court analyzes the issues on appeal. Finally, defendants should utilize Florida Rule of Civil Procedure 1.510 to serve as a screening device to allow the trial court to analyze all evidence and prevent nonmeritorious punitive damages claims from proceeding to a jury.

Firm Highlights

Thought Leadership

United State District Court for the Middle District of Florida finds Evidence of Replacement Cost Value is Admissible and Recoverable Even When Repairs Have Not Been Made

The plaintiff filed a claim for damage as a result of Hurricane Ian. It claimed damages were over $24 million, but the carrier accepted partial coverage and paid $8,307.49 for secondary components. The carrier found hurricane damage to the building, but it was below the insurance policy’s $3.6 million deductible. The plaintiff sued for breach of the insurance policy. The carrier argued in a motion for summary judgment that plaintiff could not recover replacement cost value (RCV) because the property repairs had not been effectuated. The policy provided for RCV, but only after the repairs were completed. The carrier argued that because the repairs were not completed, the plaintiff was not entitled to RCV damages. The plaintiff argued the carrier could not withhold the actual cost value (ACV) due, which was the main allegation of the lawsuit, then fault it for not making the repairs to unlock the RCV. The United States District Court for the Middle District of Florida rejected the carrier’s argument, finding that when an insurer allegedly breached the policy by withholding coverage, it could not hide behind a repair-contingent provision to block the insured from RCV damages at trial. The court found the issue to be whether the contractual language designed to preclude certain coverage until after repairs are completed barred an insured from seeking those damages at trial when repairs were not complete. The court noted the Eleventh Circuit had not resolved this issue and neither side pointed to a definitive answer from the Florida Supreme Court. The court reasoned that it must look to the Sixth District Court of Appeal (6th DCA), which is the court which would have heard this case if it was in state court. The court noted the 6th DCA recently addressed this issue in Universal Prop. & Cas. Ins. Co. v. Rodriguez, 427 So. 3d 676 (Fla. 6th DCA 2026). The Rodriguez Court found that a breach of contract action is designed to adjudicate not only whether the contract was breached, but also evaluate the damages incurred had the breach not occurred, which the Rodriguez court found to be recovery of the RCV. This court also noted basic Florida contract principles compelled the same result, as a material breach frees the nonbreaching party to suspend its own performance and can demand the full benefit of its bargain, including RCV damages. Finally, the court found the distinction between a full denial and partial denial did not compel a different result. It found the policy required the carrier to acknowledge coverage and pay ACV for all covered damages, and the failure to do that is a material breach, entitling the insured to all of the damages available under the contract, which included the RCV.

Thought Leadership

Appeals Court Reverses Trial Court Order Awarding Attorney’s Fees Due to Lack of Evidence to Support Fee Awarded

The Fourth District Court of Appeal reversed the trial court’s order awarding appellate fees to People’s Trust Insurance Company based upon a lack of evidence to support the attorney’s fee award in RM & Assocs. Consulting, Inc. v. People's Trust Ins. Co., 2026 Fla. App. LEXIS 4654 (Fla. 4th DCA 2026). People’s Trust was the insurer of a residential property that had sustained water damage. RM & Associates Consulting was hired by the homeowner to perform mitigation services at the property. The homeowner assigned post-loss benefits to RM and RM subsequently filed suit against People’s Trust alleging that it had not been paid the money it was owed for the mitigation services. People’s Trust defended the lawsuit on the ground that the policy required the insured to notify the insurer before authorizing repairs so People's Trust could elect to use its preferred contractor. Because the owner did not comply with that provision, People's Trust asserted its liability was limited to the amount that its preferred contractor would have charged for the work, which People's Trust contended was $2,000. People's Trust paid that amount to RM before RM filed suit. People’s Trust filed a motion for summary judgment which was granted. RM appealed the summary judgment ruling and the ruling was upheld by the Fourth District Court of Appeal. The appellate court also granted People’s Trust’s entitlement to appellate attorney’s fees, subject to the trial court’s determination of the amount of fees, based upon an offer of judgment made by People's Trust. On remand, the trial court held an evidentiary hearing to determine the amount of attorney’s fees People’s Trust was entitled to. At the hearing, People’s Trust presented testimony from it’s fee expert, supervising trial counsel and appellate counsel. People’s Trust sought recovery of $24,866.17 for work performed by appellate counsel. The request primarily consisted of work performed in preparation of the answer brief. The fee expert testified that more than ninety hours spent preparing the answer brief was reasonable given the complexity and significance of the underlying issue. The appellate court found that the fee expert’s testimony fell short of meeting the necessary standard of demonstrating that the hours expended were necessary. The appellate court found that the billing records did not serve to cure the deficient testimony, as the billing records did not contain adequate details regarding the specific tasks performed. Rather the records contained entries such as “answer brief” which the appellate court found to be insufficient. The appellate court noted that neither the fee expert or counsel addressed how the prior research and briefing in the parallel litigation informed the work in the instant matter. The appellate court noted this was significant in that a court's attorney's fees award must exclude excessive, redundant, or otherwise unnecessary hours, citing Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). Based upon the record failing to support the finding of the trial court, the 4th DCA remanded the case to the trial court for a reconsideration and redetermination of reasonable appellate attorney’s fees supported by competent substantial evidence. The 4th DCA reiterated that the fee expert’s focus on the quality of the work and the importance of the work to People’s Trust did not make up for the perceived deficiencies in the position that spending over ninety hours on a single answer brief was reasonable. Whether moving for attorney’s fees or challenging the amount of fees being sought by an opposing party, practitioners should be mindful of the evidence being used to support the claims being made. Parties should pay close attention to whether the hours being sought may be impacted by prior litigation either party may have engaged in. A party must be prepared to address how prior litigation efforts did or did not impact the amount of hours being claimed in current litigation. Lastly, billing records must be sufficiently detailed so as to support any potential future fee claim.

Thought Leadership

First DCA Reverses Excessive Jury Award Unsupported by the Evidence

In December 2019, the plaintiffs filed a claim with Universal for damages caused by a water and sewage back up through the plumbing system and existing through multiple fixtures including the washing machine drain, kitchen sink, dishwasher, bathtub and toilet. Universal investigated the claim, issued payment for resulting water damage totaling $7,000.00 in actual cash value ($12,000.00 in replacement cost value). The plaintiffs sought additional benefits for work needed to access the below-slab cast iron plumbing system due to the failure of the system from rust, deterioration, corrosion and breaks in the line. Universal denied any additional benefits for access. In 2021, the plaintiffs filed suit. During litigation, Universal sent a plumber to inspect the home and the plumber concluded the pipes were clogged but could be cleaned. The plaintiffs’ plumber testified that the plumbing system needed to be replaced due to holes and openings in the pipes. The plaintiffs introduced two estimates prepared by Triad Restoration services totaling $79,680.22 in replacement cost value and $50,219.97 in actual cash value and an executed contract with another company for repairs with the amounts of repair redacted. Since the insurance policy did not provide coverage for repair or replacement of the plumbing system, the jury only had to decide whether the plumbing system needed to be replaced, and if it did, Universal would owe for the access costs; the jury verdict form required the jury to determine both the replacement cost value and actual cash value amounts. The jury asked if it had to rely on the Triad estimates for their amounts. The trial court advised the amount awarded had to be based on the evidence presented at trial and the law given by the trial court. The jury awarded $335,000.00 in replacement cost value or $305,000.00 in actual cash value. Universal motioned for a new trial arguing the amount awarded was unsupported by the evidence and then moved for remittitur. The trial court denied both motions and this appeal followed. The court found that while a jury’s verdict should only be disturbed with caution and discretion, the trial court must give the properly challenged award close scrutiny and determine whether it bears a reasonable relation to the damaged provided, is supported by the evidence, and could have been reached in a logical manner by reasonable means §768.74(3), (5)(d)-(e), Fla. Stat. The court found the trial court did consider the statutory requirements at the hearing on Universal’s remittitur motion and was concerned about a reasonable relation to the amount of damages proved and injury suffered and whether the award was supported by the evidence, but ultimately denied the motion, reasoning that the jury had been properly instructed to fairly and adequately compensate the plaintiffs. The court noted the only evidence providing the basis for the jury verdict was Triad’s estimates and those valued the plaintiffs' claimed loss at $79,680.22 in replacement cost value and $50,219.97 in actual cash value; no valuation evidence reasonably supported the jury verdict. The plaintiffs argued that the jury was entitled to consider more than the estimates, but the court conveyed the evidence provided did not give the jury a way to reach the amounts they awarded. The court was also not swayed by the plaintiffs’ argument regarding inflation and later price increases, but the court noted that no evidence via the contract, nor testimony regarding increase in labor, material, fuel or construction costs were entered into the record.  The court concluded the jury may draw reasonable inferences from the evidence, but it may not supply a damages number by speculation. The court did not find any of the plaintiffs’ remaining argument persuasive either. The court reversed the denial of Universal’s remittitur motion and motion for new trial as to damaged and remanded the case. The court ended its opinion with advising the trial court must determine whether replacement cost value or actual cash value is the property measure of damages under the policy and order remittitur in an amount consistent with that determination and the evidence.

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants