Daniel Rogers

Daniel B. Rogers handles individual, multiparty and class action litigation in various fields, including product liability, insurance, employment, disability, real estate, probate and numerous other business litigation matters.

A Board Certified Specialist in Appellate Practice and Chair of Shook’s Florida/Eleventh Circuit Appellate Practice Team, Dan has briefed and argued more than 50 appeals in Florida, as well as multiple federal and state appellate courts across the country.

He has also tried jury and non-jury cases in state, federal and administrative courts.

He has substantial experience litigating employment matters, including wage-and-hour claims as well as those involving claims under the Americans with Disabilities Act (ADA).

For example, he obtained a dismissal with prejudice, with no payment made to plaintiff, in a suit against a manufacturer alleging off-the-clock overtime.

In another case, he was able to obtain a favorable settlement of a wage-and-hour suit in which claims were related to working during lunch breaks and managerial classification.

Dan has written and lectured about appeals, class action, legal ethics, expert witnesses and emerging issues in environmental law. He also devotes significant time to pro bono efforts, having helped those who cannot afford legal representation with their criminal, immigration, probate and family law problems.

Dan also serves on the Miami-Dade County Planning Advisory Board, the county’s designated local planning agency and the main advisory board to the Board of County Commissioners on matters related to planning, annexations and incorporations.

Representative Matters:

• Ramirez v. E.I. du Pont de Nemours & Co. | In a product liability case alleging an agrichemical caused cancer and other personal injuries, Dan obtained a defense verdict at trial, and then successfully defended the defense judgment on appeal. No. 09-321 (M.D. Fla. 2010), aff’d, 579 F. App’x 878 (11th Cir. 2014).
• Castillo v. Roche Laboratories Inc. | In an employment discrimination/retaliation case, Dan obtained a defense summary judgment and successfully defended the judgment on appeal. No. 10-20876 (S.D. Fla. Apr. 6, 2011), aff’d, 467 F. App’x 859 (11th Cir. 2012).
• The Vizcayans, Inc. v. City of Miami  | In a land use and zoning case, Dan successfully represented a non-profit organization in concurrent trial and appellate proceedings to quash municipal decisions that allowed construction of a building that would have diminished the integrity of Miami’s only National Historic Landmark. 15 Fla. L. Weekly Supp. 657 (Fla. 11th Jud. Cir. May 7, 2008), and 2009 Fla. Div. Adm. Hear. LEXIS 693 (Fla. Adm. Comm’n 2009).

Education:

• J.D., magna cum laude, University of Miami School of Law, 1999
• B.A., Florida State University, 1997

Bar Admissions:

• Florida
• 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, District of Columbia Circuit
• U.S. Court of Appeals, Eleventh Circuit
• U.S. Court of Appeals, Fourth Circuit

Memberships:

• Florida Supreme Court, Standard Jury Instructions in Civil Cases Committee, Member (2014-Present); Reporter (2011-2013)
• Dade County Bar Association, Appellate Court Committee, Chair (2014-2016); Co-Chair (2013-2014); Vice-Chair (2012-2013)
• American Bar Association, Section of Litigation, Product Liability Litigation Committee,
• Appellate Practice Committee (Appellate Rules and Statutes Subcommittee)
  The Florida Bar, Section of Appellate Practice

Clerkships:

• The Hon. Jose Martinez of the U.S. District Court, Southern District of Florida
• The Hon. Martha Warner, Florida’s Fourth District Court of Appeal

Community Involvement:

• Miami-Dade County Planning Advisory Board
• Eleventh Circuit Historical Society, Federal
• Florida’s Eleventh Judicial Circuit Historical Society, Trustee and Founding Board Member, Chair (2016-2017); Vice-Chair (2015-2016); Secretary (2014-2015)
• Third District Court of Appeal Historical Society
• Anti-Defamation League