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Barry L. Davis

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Barry L. Davis

Barry L. Davis

Partner

Full Profile

Barry Davis has more than 30 years of experience as a trial lawyer in high exposure, complex litigation. He has acted as lead counsel in more than 50 trials and handled thousands of high-profile civil litigation matters. Among them are product liability cases across a broad range of sectors, including industrial, medical/pharmaceutical and consumer products, as well as cases involving construction, insurance bad faith, IP and fraud. Barry also acts on behalf of insurers and Fortune 500 companies in class action and MDL litigation. He currently serves as General Counsel for the US subsidiary of one of the largest construction companies in the world.

Barry is one of a distinct group of Florida lawyers to be certified by The Florida Bar as a civil trial lawyer. He is regularly recognized by legal industry publications, such as Super Lawyers, and holds an AV rating by Martindale-Hubbell.

Barry spent three years as an adjunct law professor at St. Thomas University School of Law, where he taught classes in products liability and settlement negotiation, and coached the trial team.

Barry is the managing partner of Clyde & Co’s Miami office and a member of the firm’s US Management Board.

Admissions

  • US Supreme Court
  • US Courts of Appeals for the Fifth and Eleventh Circuits
  • All US District Courts in Florida
  • All Florida state courts
  • Florida Supreme Court Certified Circuit Civil Mediator

Education

  • J.D., University of Florida College of Law, 1979
  • B.S., University of Florida, 1976. Florida Blue Key. President of the Tau Epsilon Phi fraternity

Memberships

  • International Association of Defense Counsel (IADC), Trial Academy Faculty
  • Product Liability Advisory Council (PLAC)
Experience

 Product Liability

  • Defense verdict for Hewlett Packard in a defective design and manufacture of a notebook computer and its lithium ion battery that allegedly caused a massive building fire.
  • Defense verdict on behalf of race car manufacturer, Multimatic Inc., in a USD 60 million wrongful death claim arising from the decapitation of a race car driver during a qualifying run at a Grand Am racing event.
  • Defense verdict for Zicam in a negligent design and manufacturing of nasal gel claim arising from alleged loss of sense of smell and taste.
  • Defense verdict and multiple summary judgments for Cordis Corp. in multiple "migration" of cardiac stent claims.
  • Summary judgment and nominal settlements for Zimmer Corporation in multiple Harrington Rod cases.
  • Summary judgment for Actavis in a wrongful death case involving the online sale of diet drugs.
  • Summary judgment for Ethicon Inc. in alleged defective Prolene suture cases.
  • Summary judgment for Leksell in a wrongful death case alleging defective design of a Gamma Knife Perfexion radiosurgery device.
  • Summary judgment for a hurricane shutter manufacturer/installer on commercial product defect claims involving thousands of residential units.
  • Defended more than 1000 asbestos cases for ASARCO, subsidiary of one of the largest mining companies in the world, Grupo Mexico.

Construction/Commercial Litigation

  • Jury verdict and settlements of USD 4 million, plus attorney's fees and costs, for Astaldi Construction Company against project engineers due to damages from delays and interference in the installation of 26 miles of sewer pipe.
  • Defended over 100 construction-related lawsuits involving a wide range of allegations, including delay claims, improper roadway, bridge and retaining wall design resulting in structural failures, soil compaction negligence, defective roofing, flashing, window and stucco design and installation, mold, rust and corrosion claims, hurricane-related claims, defective sprinklers, plumbing and drainage design and installation, scaffolding design and erection, crane collapses, non-conformance with construction and engineering drawings and other claims of building code and industry standard non-compliance.
  • USD 7.5 million settlement for contractor in breach of contract litigation against the City of Cape Coral arising from water and sewer drainage project.
  • Arbitration clause enforcement award and settlement with subcontractor on bridge and roadway project.
  • Dispute Resolution Board representation of contractors on several municipal infrastructure projects.
  • Settlement in construction bid award dispute for an international construction company arising from the unilateral rejection of bids by an expressway authority after the project had been prematurely awarded.
  • Counsel for international contractor on USD 1 billion dollar contract to develop hydroelectric generation facility involving claims of delay, cost overruns, defective design, bidding irregularities and misrepresentations.
  • Summary judgment for Fuddrucker's Restaurant franchisee in an alleged breach of partnership agreement case seeking USD 5 million.

General Liability/Premises

  • Jury verdict of USD 1 million plus attorney's fees and costs for Bank of America in an indemnification case against its lighting contractor arising from a night-time shooting and death at a drive-thru ATM.
  • Defense verdict for Aramark, Inc. in multiple toxic tort pesticide exposure cases claiming brain damage.
  • Defense verdict for Bank of America in a negligent security claim arising from a gunshot wound to the head at an ATM.
  • Summary judgment for Bank of America in a wrongful death case arising from a fall and subsequent infection resulting in death due to allegedly defective premises.
  • Nominal settlement for Blackrock in an apartment complex negligent security wrongful death case arising from a shooting on the premises at night.
  • Nominal settlement due to effective use of laser mapping techniques to defend and disprove line of sight obstruction allegations in a USD 25 million quadriplegic claim resulting from a vehicle-bike collision at a Miami Beach resort.
  • Class action defense counsel to a national bank in patent infringement and misuse of pin code technology case. 
  • Regional counsel to Bank of America on over 100 cases of negligent security and premises liability.  

Presentations

  • "Bad Faith in Florida," private presentation, November 2016
  • "Insights: Florida Insurance Coverage and Liability Defense," private presentation, September 2016
  • "Trends and Defense Strategies in US Product Liability," Global Client Week, Clyde & Co, July 2016
  • "Three Important Issues in Minimizing Risk: Defending the Case, Enforcing Defense and Indemnity Obligations, and Avoiding and Defending Bad Faith," private presentation, March 2016
  • "Witness Prep: How Far Can you Go? - Exploring the Ethical Line Between Suborning Perjury and Zealous Representation," Micro Panel Moderation, Magna LS Streamlining Relationships with Outside Counsel, November 2015
  • "Florida Law and Defenses to Premises Liability and Negligent Security Cases," private presentation, February 2015

Publications

  • "Defending Negligent Security Cases in Florida," August 2016
  • "A Review of Forum Non Conveniens in the United States and the Factors in Deciding Whether to Pursue an FNC Dismissal," International Association of Defense Counsel, International Committee Newsletter, January 2015

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