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Matthew J. Wildner

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MJWildner@mdwcg.com

Portrait of Matthew J. Wildner

Matthew is an attorney in the Professional Liability Department, where he represents businesses, directors and officers, design professionals, contractors and homeowners associations in commercial, professional liability, construct defect, architectural, engineering, and employment disputes. 

Litigating in both state and federal court, Matthew devotes a significant portion of his practice to defending design professionals and construction professionals, independently as well as through their insurance carriers, in complex construction defect suits involving a variety of claims, such as building and design-related deficiencies, code violations, negligence, breach of contract and fraud, as well as insurance coverage claims under GL policies. 

Additionally, Matthew represents employers in litigation and provides advice and counsel concerning a variety of employment-related matters, including claims alleging discrimination, wrongful discharge, breach of contract and related tort claims.

Matthew graduated from the University of Florida in 2006, where he received his B.A.  He obtained his juris doctor in 2010 from Stetson University College of Law. Matthew is admitted to the Bar of the state of Florida. He is admitted to practice before the Eleventh Circuit Court of Appeals and the United States District Court for the Southern, Middle and Northern Districts of Florida. Before moving into private practice, Matthew began his career at the Palm Beach County State Attorney's office, where he tried over 70 cases to verdict. Matthew also serves as an officer in the U.S. Army Reserve in the Judge Advocate General's Corps. He is a veteran of Operation Resolute Support, deploying to Afghanistan in 2016.

    • Stetson University College of Law (J.D., 2010)
    • University of Florida (B.A., 2006)
    • Florida, 2010
    • U.S. District Court Middle District of Florida
    • U.S. District Court Northern District of Florida
    • U.S. District Court Southern District of Florida
    • U.S. Court of Appeals 11th Circuit
    • Florida Bar Association
    • Represented General Contractor facing class-action lawsuit with damages claimed to exceed $1 billion. Consulted and managed multiple expert teams to defend against allegations that construction vibrations caused by the client and its subcontractors contributed to the collapse of an adjacent condominium. Representation contributed to amicable early settlement that allowed the insurer to quickly move and spared the client ongoing reputational damage.
    • Represented General Contractor of high-rise condominium complex against the owner/developer who alleged a multitude of construction defects. Drafted a MSJ that reduced scope of claim by close to $1 million and contributed to successful counterclaim. 
    • Represented subcontractor sued by Condominium HOA and General Contractor for subcontractor’s limited scope of work in case containing over 20 parties. Negotiated quick and minor payouts as to all claims which resulted in carrier saving close to $100k in attorney’s fees as opposed to protracted and costly litigation. 
    • Obtained summary judgment in favor of a south Florida municipality. The lawsuit was filed against the municipality by a member of the police department, who alleged unlawful termination due to his Post Traumatic Stress Disorder diagnosis. The suit alleged a breach contract and violations of the Americans with Disabilities Act, Title VII of the Civil Rights Act, and the Family Medical Leave Act. The defense argued that the Plaintiff was not a qualified individual for the position of police officer because he could not perform the essential functions of his job with or without a reasonable accommodation, and that Plaintiff failed to state a claim on the Breach of Contract and title VII claims. The court agreed with the defense on both points and summary judgment was granted. This was a substantial victory for the municipality, the court ruling not only upheld the termination of an unqualified employee but also avoided a potential costly judgment against the Defendant. 

Thought Leadership

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Legal Updates for Real Estate E&O Liability

What To Expect for Real Estate E&O In The Florida 2026 Legislative Session

February 5, 2026

Florida’s 2026 legislative session opens with an unusually heavy real estate agenda. If enacted, proposed measures could reshape transactional practices and expand compliance-driven errors-and-omissions exposure. More than 100 pre-filed bills address real property issues, with a primary focus on ad valorem tax reform, expanded disclosure and inspection regulation, and land-use and association governance changes. While full elimination of property taxes is unlikely, multiple proposals contemplate exemptions or phase-outs for homesteaded properties, seniors, disabled veterans, and first-time homebuyers. These changes directly affect property valuation, affordability analyses, and buyer-facing representations, which are all common sources of E&O claims when tax assumptions or investment projections later prove inaccurate. Several proposed bills also carry direct operational and insurance implications for real estate professionals: Transaction and Inspection Regulation: HB 65 – Requires home inspectors to meet DBPR standards and carry E&O insurance SB 832 / HB 767 – Increased transparency in residential property insurance rate disclosures Zoning and Development: SB 48 / HB 313 – Mandatory local approval of accessory dwelling units SB 208 / HB 399 – Removal of zoning barriers to promote infill development HB 837 / SB 962 – Revised land-use definitions excluding farmland Association and Property Governance: HB 465 / SB 822 – Licensing and contract requirements for community association management firms SB 750 / HB 803 – Limits on municipal administrative fees for private inspections and plan reviews SB 606 / SB 608 / SB 610 – Expanded residential pool-safety requirements E&O Takeaway: The proposed 2026 legislation reflects a shift toward greater statutory regulation of real estate transactions, inspections, disclosures, and property governance. As regulatory requirements expand, liability risk increasingly arises from failure to recognize and implement new compliance obligations, miscommunication of zoning or tax impacts, and reliance on newly regulated third-party inspection services. Brokers, managers, and their E&O carriers should closely monitor enacted provisions and update transaction checklists, disclosure protocols, and client advisory practices accordingly. Legal Update for Real Estate E&O – February 2026, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2026 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact MEDeSatnick@mdwcg.com.

Case Law Alerts

Florida increases minimum wage.

April 1, 2022

On September 30, 2022, the minimum wage will increase to $11.00 per hour. This comes after Florida’s minimum wage increased to $10.00 per hour on September 30, 2021 ($6.98 for tipped employees). The state minimum wage will continue to increase $1 per year thereafter until it reaches $15.00 per hour ($11.98 for tipped employees). After which, it will be adjusted annually based on inflation. Section 448.109, Florida Statutes, requires employers who pay their employees the Florida minimum wage to post a minimum wage notice in a visible and accessible place in each establishment where these employees work. In addition to the Florida minimum wage notice, federal law requires employers to post a notice of the federal minimum wage. Florida’s minimum wage notice is available for downloading in English, Spanish, and Creole from the Florida Department of Economic Opportunity’s website at: http://www.floridajobs.org.   Case Law Alerts, 1st Quarter, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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Firm Highlights

Thought Leadership

Fla. Workers' Comp Physician Dispensing Ruling Could Produce New Legislative Fight

In a significant decision issued on February 25, 2026, the First District Court of Appeal (DCA) ruled in Publix Super Markets, Inc., et al. v. Department of Financial Services, et al., 430 So. 3d 252 (Fla. 1st DCA 2026), that while injured workers have an absolute right to choose their own pharmacy or pharmacist, that right does not extend to physicians who dispense medications directly to their patients.  Read Blake's article in Insurance Journal: https://www.insurancejournal.com/news/southeast/2026/08/05/880229.htm. 

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

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Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

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Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Thought Leadership

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

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.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Event

Pennsylvania Appellate Update 2025-2026

On August 21, 2026, Casey will serve as a panelist for the live webcast program, “Pennsylvania Appellate Update 2025-2026” presented by the Appellate Advocacy Committee of the Pennsylvania Bar Association and Pennsylvania Bar Institute. The program is divided into three parts—Criminal, Civil, and Administrative. Casey will serve as a panelist for the Civil portion, along with Christina McKinley of Blank Rome, Ben Baer of Injury Law Partners, John Masslon of Keller Postman, Jonathan Bruno of Bruno Litigation LLC, and moderator, Ezza Ahmed of Buchanan Ingersoll.  Registration and more information: https://www.pbi.org/product/pennsylvania-appellate-update-2025-2026/

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

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Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney