John L. McManus

Experience: Financial Services and Insurance: Defended multiple class actions under Telephone Consumer Protection Act (TCPA) and Fair and Accurate Credit Transactions Act (FACTA).; Represented life settlement company in coverage dispute, resulting in $5 million jury verdict.; Defended financial institution in a class action lawsuit resulting in complete dismissal of residential mortgage related claim.; Defended former officers and directors of insolvent insurer against claims of alleged mismanagement.; Defended CEO of financial services company against all Racketeer Influenced and Corrupt Organizations Act (RICO) and fraud claims raised against him.; Defense of financial services company against putative class action arising from alleged violations of Florida's Deceptive and Unfair Trade Practices Act and Motor Vehicle Retail Sales Finance Act.; Defense of putative class action against insurance company arising from alleged failure to provide safe driver discount on insurance.; Defense of insurance company against putative class action alleging violation of Florida's Insurance Rating Law.; Defense of former officer and director of financial services company in 24 related securities fraud actions, including 18 class actions, brought for purported violation of securities laws.; Represented insurers, physicians, group health plans, managed care organizations, and members in complex insurance and managed care litigation and disputes.; Prosecuted antitrust claims on behalf of health care network alleging group boycott by optometrists.; Represented agency in pursuing health insurance agents who sold unauthorized health insurance plans to residents.; Construction and Real Estate Litigation: Prosecution and defense of numerous claims on behalf of owners, developers, contractors, and subcontractors in connection with construction and roofing defect disputes and construction lien litigation.; Represented affordable housing developers in litigating entitlement to and amount of ad valorem tax exemption.; Represented real estate brokers and developers in real estate brokerage litigation.; Complex Commercial Litigation: Represented national fragrance company in a trademark infringement trial, resulting in favorable jury verdict.; Defense of Internet marketing companies against claims based on unsolicited commercial e-mail under Florida Electronic Mail Communications Act and Maryland Commercial Electronic Mail Act.; Defense of federal securities lawsuit involving federal and state securities claims arising from private placement of Internet bookstore.; Defense of nutraceutical company against putative class action alleging violations of Florida's Deceptive and Unfair Trade Practices Act and Free Gift Advertising Law.; Defense of putative Racketeer Influenced and Corrupt Organizations Act (RICO) class action arising out of internet gaming.; Defense of major medical device company in litigation and arbitration arising from termination of distributorship.; Reported Decisions: St. Johns Vein Center, Inc., v. Streamline MD, LLC, 347 F. Supp. 1047 (M.D. Fla., Sept. 28, 2018); Gomez v. Household Finance Corporation, III, 2014 W.L. 12722852 (S.D. Fla. Sept. 30, 2014), aff'd 688 Fed. Appx. 680 (11th Cir. May 12, 2017); Keeton v. Johnson & Johnson, 2016 W.L. 2753667 (S.D. Fla. March 31, 2016); Cash4Gold, LLC v. C.J. Environmental, Inc., 2009 W.L. 1605354 (S.D. Fla. 2009).; Keeton v. Gynecare Worldwide, 2016 W.L. 2753866 (S.D. Fla. Jan. 29, 2016); Global Aerospace, Inc. v. Platinum Jet Management, LLC, 2011 W.L. 2530943 (S.D. Fla. 2011), affirmed, 488 Fed. Appx. 338 (2012).; Ivision International of Puerto Rico, Inc. v. Davila-Garcia, 364 F. Supp. 2d 166 (D. P.R. 2005).; Lopez v. HSBC Bank USA, N.A., 2014 W.L. 3361755 (S.D. Fla. 2014).; NW Sign Industries, Inc. v. Liberty Mutual Ins. Co., 2008 W.L. 202372 (S.D. Fla. 2008).; Perfumania, Inc. v. Perfulandia, Inc., 550 F. Supp. 2d 218 (D. P.R. 2007).; Puerto Rico Hospital Supply, Inc. v. Boston Scientific Corp., 426 F. 3d 503 (1st Cir. 2005), affirming Puerto Rico Hosp. Supply, Inc. v. Boston Scientific Corp., 2005 W.L. 1431882 (D. P.R. June 17, 2005).; Settlement Funding, LLC v. AXA Equitable Life Ins. Co., 2011 W.L. 1097635 (S.D.N.Y. 2011).; Temple v. Gorman, 201 F. Supp.2d 1238 (S.D. Fla. 2002).