Denis Durkin

Denis L. Durkin is a civil trial lawyer who focuses primarily on construction law, commercial litigation, and media law, with experience in jurisdictions throughout the United States. He is practical and cost-effective in in his approach to litigation matters and uses his considerable experience to analyze his clients’ situations in order to craft the most appropriate strategies for either settlement or trial.

Experience :

• Represented as lead counsel, newspapers, television stations and other news organizations in many libel and invasion of privacy cases in state and federal courts throughout Florida. Denis has obtained summary judgment on behalf of numerous media clients and served as lead trial counsel in defamation matters tried before juries throughout the state.
• Represented, as lead trial counsel, a general contractor in an appeal against the Veterans Administration (VA) before the VA Board of Contract Appeals concerning termination for default in the construction of an energy plant at a VA hospital in Tampa, Florida. A two-week administrative trial resulted in the Board of Contract Appeals overturning default termination and converting it to termination for convenience. The VA subsequently paid a multimillion-dollar settlement.
• Represented, as lead counsel, a city involved in a delay in completion claim against an insurance company arising out of the construction of a major convention center. The parties engaged in extensive document discovery and numerous depositions. The case settled following a second effort at mediation.
• Represented, as lead claims counsel, a general contractor in a multimillion-dollar delay and disruption claim against the U.S. Army Corps of Engineers, arising out of construction of a Predator drone maintenance facility in Nevada. Settlement was reached at a mediation before a judge of the Armed Services Board of Contract Appeals.
• Represented, as lead trial and appellate counsel, a taxpayer in the landmark ad valorem tax assessment decision which held that a Lake County property appraiser had employed an unconstitutional appraisal methodology in assessing the tangible personal property of a cable TV provider. Client realized tax and interest savings in excess of $4 million.
• Acted as co-counsel for defendant in civil action brought by a blood bank against a blood registry concerning the alleged infringement of a federally registered slogan. The plaintiff sought recovery of lost profits, damages and attorney’s fees. Following extensive briefing and oral argument, the court denied the plaintiff’s motion for a preliminary injunction, and the plaintiff agreed to dismiss claims with prejudice.

Memberships :

• American Bar Association: Forum on the Construction Industry
• Florida Bar Foundation
• Orange County Bar Association , Construction Law Committee (2005 to present)
• U.S. District Court, Middle District of Florida: Rules Committee (2006 to present)

Community :

• Winter Park Racquet Club
• Country Club of Orlando
• Mid-Florida Economic Development Commission

Education :

• J.D., Emory University School of Law, 1973; Executive Research Editor, Journal of Public Law (later the Emory Law Journal)
• B.A., Florida Southern College, 1970, cum laude

Admissions :

• U.S. Supreme Court
• U.S. Court of Federal Claims
• U.S. Court of Appeals, Federal Circuit
• U.S. District Court, Middle District of Florida
• U.S. District Court, Southern District of Florida