Jerry R. Linscott concentrates his practice in complex business litigation with an emphasis on class action defense. His class action experience has encompassed a range of industries such as insurance, healthcare, entertainment cable communications and energy, among others.
His knowledge of the class action arena attracts clients because of his focus on steps that can bring an early end to litigation, including finding the facts and law that may support denial of class certification.
- 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 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.
- 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.
- 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.
- J.D., University of Nebraska-Lincoln College of Law, 1966
- B.S.B.A., University of Nebraska-Lincoln, 1963
- U.S. Supreme Court, 1991
- U.S. Court of Appeals, Fifth Circuit, 1973
- U.S. Court of Appeals, Eleventh Circuit, 1983
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
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