J. Trumon Phillips

Representative Matters

Class Action

• Represented automotive manufacturer in class action alleging design defect associated with third-party thefts and asserting unjust enrichment and unfair trade practices claims. Porsche Cars N. Am., Inc. v. Diamond, 140 So. 3d 1090 (Fla. 3d DCA 2014)(adopting heightened standard for pleading and proving an unfair practices claim under Florida Deceptive and Unfair Trade Practices Act)
• Represented energy company in class action alleging deceptive pricing and consumer marketing practices. Kurimski v. Shell Oil Co., 570 F. Supp. 3d 1228 (S.D. Fla. 2021)
• Represented distributor of nutritional supplements in class action asserting warranty, unfair trade practices and unjust enrichment claims
• Represented luxury goods designer and distributor in in putative class action asserting breach of warranty, unjust enrichment, and unfair trade practices claims. Fineman v. Ferragamo USA Inc., 22-81923-CIV, 2023 WL 3778264 (S.D. Fla. May 12, 2023)
• Represented automotive manufacturer in multi-district class action litigation alleging component part defect and asserting warranty, unjust enrichment and unfair trade practices claims
• Represented cryptocurrency company in class action alleging unfair debt collection practices. 
• Represented automotive manufacturer in class action alleging design defect and asserting warranty and unfair trade practices claims
• Represented state agency in class action alleging insufficient provision of community based healthcare and violation of the ADA and seeking certification of a (b)(2) class. A.R. v. Dudek, 12-60460-CIV, 2013 WL 11971283 (S.D. Fla. Sept. 25, 2013) (denying class certification where Plaintiff had not demonstrated alleged damages flowed from systemic practice rather than deviations in implementation of protocol)
• Represented and advised numerous businesses in defense of claims under the Telephone Consumer Protection Act

Insurance

• Represented multiple insurers in numerous COVID-19 insurance coverage lawsuits, including one of the first-in-the nation suits. Island Hotel Props., Inc. v. Fireman’s Fund Ins. Co., No. 4:20-cv-10056, 2021 WL 117898 (S.D. Fla. Jan. 11, 2021) (granting motion to dismiss and finding government social distancing orders and allegation of COVID-19 on premises did not amount to physical loss or damage or trigger insurance coverage); Fontainebleau Fla. Hotel, LLC v. Westchester Surplus Lines Ins. Co., 2023 WL 4195588, at *4 (Fla.Cir.Ct.) (finding alleged presence of SARS-CoV-2 not covered under environmental liability policy)
• Served as coverage counsel with respect to numerous complex, eight and nine-figure first and third-party claims
• Obtained first-in-the-world dismissal with prejudice and appellate victory in multi-billion-dollar international claims complex surrounding aircraft remaining in Russia following invasion of Ukraine and advised multiple clients across numerous related cases in Florida and around the country. Zephyrus Aviation Cap., LLC v. Berkshire Hathaway Int'l Ins. Ltd., No. 4D2023-1815, 2024 Fla. App. 2024 WL 2855753 (4th DCA June 6, 2024) affirming Zephyrus Aviation Capital, LLC v. Berkshire Hathaway Intern. Ins. Ltd., 2023 WL 8599989, at *1 (Fla.Cir.Ct. June 30, 2023)
• Represented insurer in multi-party coverage dispute, prevailing on summary judgment as to coverage claims
• Advised reinsurer in claims dispute arising from multi-district litigation 

Commercial Litigation and Business Disputes

• Represented publicly traded transporation company in multi-million dollar M&A dispute
• Represented life sciences corporation in arbitration in a multi-million dollar dispute with a distributor
• Represented publicly traded software company in contract dispute, securing pretrial dismissal of eight causes of action brought under federal and state law.
• Represented building material manufacturer in multiple mass and class action suits alleging fraud, unfair trade practices and third-party contribution and indemnification claims
• Represented major hospitality and development company in multi-million dollar construction dispute involving corporate veil-piercing, fraud, unjust enrichment and unfair trade practices claims
• Represented a contractor in arbitration with state agency in dispute over licensing rights and ownership of intellectual property of a product undergoing EPA approval and registration
• Advised life sciences corporation in negotiation and agreement of research development and intellectual property rights sharing relationship
• Represented defense contractor in premises liability asbestos litigation

• Represented minor in the custody of state in appellate petition for certiorari seeking to quash order requiring drug testing and confinement to locked residential treatment facility without requisite notice and hearing. K.B. v. Florida Dept. of Children & Families, 202 So. 3d 909, 912 (Fla. 3d DCA 2016) (requiring notice and petition prior to confinement in juvenile addiction receiving facility and finding petitions directed at such confinements not subject to dismissal for mootness after release).
• Represented parent in child support and custody trial
• Regularly advises veterans at James A. Haley VA Hospital Legal Clinic on various legal matters