Experience:
Jay's practice is focused on civil litigation, including both trial and appellate work, in both state and federal courts. His experience includes all types of commercial/business litigation, including contract, corporate and partnership disputes, antitrust, healthcare litigation, banking litigation, mortgage foreclosure, commercial collections, commercial landlord/tenant litigation, business tort and trade secret litigation, employment contract and non-competition disputes, commercial products liability, franchise and manufacturer/dealer disputes and construction disputes. Jay has also represented professional athletes. Jay has been involved in a number of significant cases including:
· Orlando Utilities Commission v. Century Coal, LLC,Case No.: 6:08-cv-1008-Orl-31KRS, U.S. District Court, Middle District of Florida, Orlando Division - recovery of judgment in favor of OUC for $24+ million in breach of contract case.
· Sprys v. Wal-Mart Stores, Inc., Case No. 98-1188-CIV-ORL-31DAB, U.S. District Court, Middle District of Florida, Orlando Division - successful defense of Wal-Mart in $100 million dollar claim of pharmacy price discrimination and alleged Medicaid fraud.
· Harborside 17 Partners, LLC; US Euro Equity, Ltd.; JUSA Holdings Harborside, Ltd.; Harborside Holdings, NC, Ltd.; Wolfgang Dueren and Jupiter USA, Inc. v. Warren Stanchina; Alan M. Whitney, Mary Lynn Stanchina, Harborside Joint Venture; GreatLand, LLC; US Euro Partners, LLC and Robert L. Sirianni, Case No. 2007-CA-612, Circuit Court, Orange County, Florida - successful defense of $7 million fraud claim and recovery of $7 million settlement in favor of our clients.
· The Jessey Group, Inc. v. The Pacific Institute, Inc., Case No. 95-938-CIV-ORL-19, U.S. District Court, Middle District of Florida, Orlando Division - obtained a $1.3 million jury verdict in a breach of contract and deceptive and unfair trade practices case.
· Fabry v. E.I. DuPont DeNemours & Co., Case No. CI 91-7972, Circuit Court, Orange County, Florida - obtained a $3.8 million settlement in a commercial products liability case.
· Deas v. Paccar, Inc., 775 F. 2d 1498 (11th Cir. 1985), cert. denied, 106 S.Ct. 1648, 90 L.Ed.2d 201 (1986) - successful defense of Peterbilt Motors Company against a $5 million claim under the Florida and Federal Dealer's Day in Court statutes.
· Fabry v. Commissioner of Internal Revenue, 223 F.3d 1261 (11th Cir. 2000) - obtained reversal of Tax Court decision and succeeded in demonstrating that damage to business reputation was excludable from gross income.
· Don L. Subaru v. Subaru of America, Case No. 89-04837-CA-31, Circuit Court, Dade County, Florida - successful defense of Subaru of America in dealership franchise termination litigation involving fraudulent concealment by prospective dealer of grand jury investigation.
· Charles Richard Homa and S.R.T. Investment Group, LLC v. Adventist Health System/SunBelt, Inc., Case No. CI-98-789, Circuit Court, Orange County, Florida - achieved settlement for $500,000 of $8.5 million ponzi scheme claim.
· RAB Land & Development, Inc. v. Winn-Dixie Stores, Inc., Case No. 5D01-2135, Fifth District Court of Appeal. - trial court decision construing lease in Winn-Dixie's favor on shopping center lease issue involving more than $1 million affirmed on appeal.
· Ronald A. Schiavone, as Trustee of the Ronald A. Schiavone Living Trust v. George P. Apostolicas, Case No. 02-CA-2220-15-G, Circuit Court, Seminole County, Florida, Case Nos. 5D03-3895 and 5D04-799, Fifth District Court of Appeal - $1,517,612 final judgment and $267,425.51 attorneys' fees and costs judgment in favor of Schiavone Trust in partnership dispute affirmed on appeal.
· George P. Apostolicas v. Heathrow Golf Company Limited Partnership, Case No. 03-CA-2602-15-W, Circuit Court, Seminole County, Florida and Ronald A. Schiavone, as Trustee of the Ronald A. Schiavone Living Trust v. Heathrow Golf Company Limited Partnership, Case No. 03-CA-2699-15-K, Circuit Court, Seminole County, Florida (CONSOLIDATED), 5D04-1831, Fifth District Court of Appeal - Final judgment in favor of Heathrow and Schiavone Trust converting $825,000 in opposing party's debt to capital and granting $1.1 million preference to Schiavone Trust affirmed on appeal.
· Adventist Health System - Capstone Realty Advisors - Recovery of approximately $425,000 of unauthorized setoffs by mortgage servicer.
· Naples Community Hospital, Inc. v Cleveland Clinic Florida Hospital Naples Non Profit Corporation, Case No. 04-CA-1928, Circuit Court, Leon County, Florida
· Cleveland Clinic Florida Hospital Naples, et al. v. Naples Community Hospital, Case No. 2:04-cv-469-FtM-29 SPC, U.S. District Court, Middle District of Florida, Ft. Myers Division
· Administrative Complaints (AHCA v. Cleveland Clinic) State of Florida, Agency for Health Care Administration v. Cleveland Clinic Florida Hospital Naples, Non-Profit Corporation d/b/a Cleveland Clinic Florida Hospital Naples, AHCA No. 2004000889, State of Florida Agency for Health Care Administration (calendar year 2002) and AHCA No. 2004007184, State of Florida Agency for Health Care Administration (calendar year 2003)
· Petition for Formal Administrative Hearing (Modification of Cleveland Clinic's CON conditions) - Naples Community Hospital, Inc. v. Cleveland Clinic Florida Hospital Naples Non Profit Corporation and The State of Florida, Agency for Health Care Administration, State of Florida, Agency for Health Care Administration, FRAES No.: 2005003775 - Successful defense of federal and state antitrust claims and substantial settlement of claims for audit and allocation with respect to indigent care.
· Wachovia Bank - Studio Inn Universal FL, LLC - recovery of approximately $10 million in hotel financing transaction.
Background:
Jay grew up in Connecticut. He came to Central Florida in 1972 to attend Rollins College. Jay graduated from Rollins in 1976 with a Bachelors Degree in Business/Economics. While at Rollins, Jay was a member of the college golf team which finished third in the 1975 NCAA Division II Golf Championship. Jay attended the University of Miami School of Law and earned his law degree, with honors, in 1979. Jay has practiced business and civil litigation law in Orlando since 1980. Jay has been named to the Florida Trend's "Legal Elite" and recognized in The Best Lawyers in America and Florida Super Lawyers publications. Jay has also been named in Orlando Magazine's list of "Best Lawyers in Orlando" and selected as a Leading Florida Attorney in Business Litigation. He is also a member of the Million Dollar Advocates Forum based upon his achieving a jury verdict or settlement in excess of $1 million in a number of cases. Jay and his wife, Sue, live in Winter Park. They have three children, Casey, Jack and Peter.
Professional:
· American Bar Association
- Litigation and Antitrust Sections, Member
· The Florida Bar
- Trial Lawyers Section
- Ninth Judicial Circuit Fee Arbitration Committee
· United States Supreme Court
· American Trial Lawyers Association
· Academy of Florida Trial Lawyers
· Federal Bar Association
· First Central Florida Inns of Court
· Orange County Bar Association
· Million Dollar Advocates Forum
· "AV" Rated by Martindale-Hubbell
· Selected as a Leading Florida Attorney, Business Litigation Law
· Best Lawyers in America, 2006-2012
· Selected as Florida's Legal Elite by Florida Trend, 2005-2008
· Florida Super Lawyers, 2006-2011
· Orlando Magazine Best Lawyers, 2007-2010
· Appointed to Merit Selection Panel to choose United States Magistrate Judge for the Middle District of Florida
Civic:
· Orlando Chamber of Commerce
· Rollins College Alumni Association
· Orlando Science Center, Former Board Member
· St. Margaret Mary Church, Winter Park
· Grand Cypress Academy of Golf