Jerry R. Linscott

Experience

• Defended a quasi-governmental entity in a class action in federal court in Atlanta, Georgia, alleging violation of federal securities law in the issuance of more than $50 million in bonds. The case was settled after a vigorous defense and numerous favorable court rulings for a small fraction of the amount sought by the plaintiff class.
• Defended a Fortune 500 company in a class action in federal court in New York against claims alleging violations of federal securities law arising out of an acquisition of another Fortune 500 company that was valued at more than $4 billion. After class certification and an appeal to the Second Circuit, the case was resolved for less than $2 million.
• Defended a major entertainment company in state court in Orlando from allegations of breach of contract in connection with charges assessed to buyers of timeshare interests at closing. This putative class action was dismissed with prejudice after we were able to definitively demonstrate to the court that the complex contracts entered into with the plaintiffs allowed the very charges that were being challenged. The relief sought by the putative class was in excess of $10 million.
• Defended several related title insurance companies in three class actions in state court in Dade and Broward counties, Florida. The plaintiffs alleged that the title insurers were charging premiums on title insurance policies issued in refinance transactions that were in excess of the amount allowed by Florida law. The same lawyers who sued these insurers sued the other major title insurers in Florida, most of which settled instead of risking an unfavorable outcome. Secured a summary judgment for one of the insurers declaring that the amounts charged in premium by that insurer fully complied with applicable law. The amount being sought by the plaintiffs in the three cases we defended exceeded $150 million. Also, as a result of prevailing on behalf of the title companies represented, the other title companies that had not previously settled their cases were granted summary judgment based on the summary judgment, which had been affirmed on appeal in the interim.
• Defended an online marketing company that had been sued in a putative class action for violation of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) for failing to adequately disclose add-on charges that a customer was required to pay. Put up a still defense to the claims, and the client settled for an amount that represented a failure to disclose caused by an inadvertent error. That amount represented only 5 percent of the amount being sought on behalf of the entire class.
• Represented the third-largest waste hauler in North America against a class action filed in federal court in Miami alleging FDUTPA claims for charging fuel surcharges and environmental fees to its customers. Filed a motion to dismiss, and the plaintiff’s counsel dismissed the case.
• Represented the second-largest manufacturer of home grills against a class action in federal court in Miami alleging FDUTPA and warranty violations. Plaintiffs dismissed the case after we filed a motion to dismiss.
• Represented a major time share developer based in Orlando in a breach of contract suit in a class action arising out of the sale of a golf course project to the Trump Organization. After the sale to Trump, the members of the golf club sued both our client and Trump. Negotiated a dismissal of client by the plaintiffs by demonstrating that the client fully complied with contract responsibilities and that they would be better served by proceeding only against Trump.
• Represented a Fortune 500 company and its board in a class action filed in state court in Orlando arising out of a sale of the client for $3.5 billion to another Fortune 500 company. The claims against the client were for breach of fiduciary duty for alleged failure to negotiate the best price for the sale of the company. After heated litigation in a short time frame, the case was settled in return for an agreement to make small changes in the materials circulated to the client’s shareholders soliciting their vote to approve the sale.
• Represented a Fortune 500 company based in Tampa, one of the three largest restaurant chains in the U.S., in claims that the company and its board violated their fiduciary duties in connection with a going private transaction valued at more than $3.2 billion. Negotiated a settlement that contemplated additional disclosure to the selling company’s shareholders in connection with the solicitation of their vote to approve the transaction.
• Currently representing a waste company that has the largest share of the waste business in Florida in a class action filed in Escambia County alleging violations of FDUTPA and unjust enrichment in connection with charging its customers fuel surcharges and environmental fees. Defense is primarily based on the inability of the plaintiffs to show the commonality and predominance required for class certification.
• Defended a publicly owned utility company based in Delaware against a class action claim filed in state court in West Palm Beach, Florida. Sought and obtained an order denying the plaintiff’s attempt to conduct merits discovery prior to class certification, which order was affirmed by the court of appeals. Rather than running the risk of assessment of attorney’s fees against it, the plaintiff dismissed the case.
• Defended a company in state court in Palm Beach County in a class action in which the class alleged that including a charge for “Regulatory Compliance” on its customer invoices was a violation of FDUTPA because, as the plaintiffs alleged, those words implied that those amounts would be turned over to a government. Negotiated a quick settlement of the case for a fraction of the amount demanded by the class because the client was able to achieve certain business and tax advantages, and save additional costs of defense, by an early resolution.