Matthew Henning

Full Profile

Matthew Henning is an experienced litigator with trial experience in both federal and state courts. He has successfully represented product manufacturers, insureds, insurance carriers and other clients in a variety of disputes. Matthew focuses his practice on high-exposure cases that include multi-district litigation (MDL), wrongful death claims and the catastrophically injured. He also concentrates on insurance coverage, construction and other commercial cases.

For more than a decade, Matthew has handled every phase of the litigation process, from pre-litigation claims, through trial and appeal. In addition to serving as trial counsel, he is experienced in leading teams of attorneys as regional counsel over several states. 

Matthew’s clients include tire manufacturers, construction equipment manufacturers, automobile manufacturers, manufacturers of airplanes and aviation equipment, airlines, banks, insurers, reinsurers and multinational construction corporations.

Admissions

• Florida, including all state courts
• US District Courts for the Southern and Middle Districts of Florida

Education

• J.D., cum laude, University of Miami College of Law, 2005. Business Law Review. Dean's list, 2003.
• B.S. Communications, University of Tennessee, 1998

Memberships

• Dade County Bar Association
• Defense Research Institute, Trial Tactics Committee

Experience

• Keene-McPeters v. Cooper Tire, 2008 WL 5233140 (11th Cir. 2008). Case involved a rollover accident alleged to be caused by tire tread separation. The 11th Circuit not only upheld a defense verdict for the tire manufacturer, but also clarified for the first time that it was both appropriate for a trial court to instruct the jury on Florida's "Government Rules Defense," and that compliance with FMVSS testing is sufficient to trigger it. This ruling is significant for all manufacturers as this defense states that the jury is to presume a product is not defective if a manufacturer complies with relevant governmental rules.
• Cooper Tire v. Montilla, 62 So.3d 1162 (Fla. 4th DCA 2011). Reversed and remanded decision on appeal, granting motion to transfer in multiple wrongful death actions clarifying the venue test applied by courts in Florida for all manufacturers.
• Summary judgement for an insurer in multidistrict litigation (MDL) class action that alleged price-fixing of replacement auto parts and more than $1 billion in damages.
• Mastec, Inc. v. U.S. Fire Ins. Co., 361 Fed. App'x 37 (11th Cir. 2010). Summary judgment for insurer in pollution exclusion coverage denial upheld on appeal.
• Aronowitz v. Health-Chem Corp., 513 F.3d 1229 (11th Cir. 2008). Verdict upheld for Health-Chem Corp. in multi-issue contractual litigation.
• Defense verdict in a concrete mixer death for a manufacturer of a mixer truck.
• Defense verdict and key appellate ruling in a products liability personal injury case.
• Summary judgment for a high-end restaurant, Arancellos, in a negligent security case arising out of a patron stabbing.
• Summary judgment for a marine barge owner upheld in a degloving case applying maritime law.
• Summary judgment in a federal case applying Brazilian law for Zimmer Corporation in a dispute with the Brazilian distributor.
• Settlement for BlackRock, Inc. in an alleged negligent security claim in an apartment shooting death.
• Nominal settlement for a global provider of spa services in an alleged masseuse rape case.

Presentations

• “Evolution of Terrorism and War Risk Policy Exclusions, Accepted Definitions of Terrorism, and Relation to Terrorism Insurance Act,” University of Miami School of Law Insurance Symposium, 2005

Publications

• Author of Chapter 19, "Deposition of an Accident Reconstructionist," The Deposition Manual, DRI Defense Library Series, 2015
• Author of Chapter 20, "Deposition of an Economist," The Deposition Manual, DRI Defense Library Series, 2015
• Contributing author, "Florida Construction Law," 2004