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Florida Appellate Lawyer

Mathew D. Gutierrez is a partner at The Ferraro Law Firm. In this role, Mr. Gutierrez is responsible for every aspect of the firm’s appellate practice, which spans all levels of Florida’s state and federal courts. He also provides the firm’s trial lawyers with litigation and brief-writing support and advises them on preservation of error issues.

Prior to joining The Ferraro Law Firm, Mr. Gutierrez spent five years as a litigator at one of the largest multi-national defense firms in the country (Am Law 50). In that capacity, Mr. Gutierrez represented clients in high-stakes corporate litigation, with a particular emphasis on appeals, contractual and partnership disputes, federal securities law claims, and First Amendment litigation. His clients included Fortune 50 corporations, financial institutions, major political parties and candidates, hospital systems, brokerage firms, developers, and manufacturers.

Mr. Gutierrez began his post-law school career as a judicial law clerk to Judge Leslie B. Rothenberg at the Florida Third District Court of Appeal. As an appellate law clerk, Mr. Gutierrez researched and analyzed contested legal issues, presented written and oral case recommendations to judges, and drafted legal memoranda and proposed opinions for publication. During his clerkship, Mr. Gutierrez also served as Moot Court Coach at the University of Miami School of Law.

Mr. Gutierrez earned his law degree from Emory University School of Law (J.D., with honors, 2011), where he was a research assistant to Dean Robert A. Schapiro. During law school, he also served as an intern at the United States District Court, the United States Attorney’s Office, the Fulton County District Attorney’s Office, and the Fulton County Superior Court. Mr. Gutierrez received his undergraduate degree in English literature from the University of Miami (B.A., 2008).

Mr. Gutierrez is admitted to practice in Florida and the District of Columbia.

He is conversational in Spanish.

Education

  • J.D., With Honors, Emory University School of Law, Atlanta, Georgia, 2011
  • B.A., English Literature, University of Miami, Miami, Florida, 2008

Bar Admissions

  • Florida, 2011
  • District of Columbia, 2014
  • United States District Court for the Southern District of Florida, 2013
  • United States District Court for the Middle District of Florida, 2014
  • United States District Court for the Northern District of Florida, 2014
  • United States District Court for the District of Columbia, 2014

Professional Associations

  • Dade County Bar Association, Appellate Court Committee
  • Transportation Lawyers Association

Awards

  • Florida Super Lawyers Rising Stars, 2021

Case Results

Appeals

  • Prevailed in a landmark appeal before the Supreme Court of New York, Appellate Division, First Department, securing reversal of an order dismissing a multi-billion-dollar false claim action alleging that, for decades, some of the nation’s largest life insurers fraudulently retained hundreds of millions of dollars of their insureds’ abandoned life insurance proceeds rather than surrender them to the state of New York, as required by New York’s Abandoned Property Law. Total Asset Recovery Services LLC v. MetLife, Inc., 189 A.D.3d 519 (N.Y. App. Div. 1st Dep’t 2020).
  • Prevailed in a high-profile appeal before the Florida Supreme Court resulting in the Court striking down the Daubert statute as unconstitutional, reaffirming the state’s adherence to the Frye standard for the admission of expert testimony, and reinstating an $8 million jury verdict secured by the firm. DeLisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018).
  • Prevailed in a high-profile appeal before the U.S. Court of Appeals for the D.C. Circuit, securing reversal of an order dismissing a First Amendment lawsuit against the Internal Revenue Service (IRS) regarding its discrimination against conservative organizations seeking tax exempt status on the eve the 2012 elections. See True the Vote, Inc. v. IRS, 831 F.3d 551 (D.C. Cir. 2016).
  • Prevailed in an appeal before the Florida Fourth District Court of Appeal, securing partial reversal of an order granting summary judgment against the firm’s client based on the trial court’s conclusion that the “marriage-before-injury” rule precluded all of a decedent’s survivors from recovering loss-of-consortium damages under Florida’s Wrongful Death Act. Ripple v. CBS Corp., 337 So. 3d 45 (Fla. 4th DCA 2022).
  • Prevailed in an appeal before the Supreme Court of New York, Appellate Division, First Department, securing reversal of the trial court’s entry of summary judgment against the firm’s client in a real property damage case by persuading the Court that the plaintiff’s expert evidence was sufficient to create a dispute of material fact regarding causation. Ferraro v. McGovern, 193 A.D.3d 571 (N.Y. App. Div. 1st Dep’t 2021).
  • Prevailed in an appeal before the Florida Third District Court of Appeal, where the Court agreed with Mr. Gutierrez’s argument that the plaintiff proffered sufficient evidence to establish specific jurisdiction under Florida’s long-arm statute, and that the trial court’s exercise of specific jurisdiction was constitutional. Continental Motors, Inc. v. Losner, 300 So. 3d 1299 (Fla. 3d DCA 2020).
  • Prevailed in a case before the Florida Fourth District Court of Appeal, securing reversal of a judgment entered following a bench trial against a Florida-based trucking conglomerate alleged to have defaulted on a multi-million-dollar loan. See Summitbridge Credit Investments III, LLC v. Carlyle BeachLLC, 218 So. 3d 486 (Fla. 4th DCA 2017).
  • Prevailed in certiorari proceedings before the Florida Third District Court of Appeal, where the Court rejected Florida Power & Light’s request for a writ quashing two orders denying its motions for protective orders as to critical discovery sought by the plaintiff in an asbestos case. Fla. Power & Light v. Cook, 277 So. 3d 263 (Fla. 3d DCA 2019).
  • Prevailed in certiorari proceedings before the Florida Third District Court of Appeal on behalf of developers in litigation involving the sale of commercial property in Miami Beach, Florida valued at approximately $60 million. 940 Lincoln Road Associates LLC v. 940 Lincoln Road Enterprises, Inc., Case No. 3D16-0751 (Fla. 3d DCA 2016).
  • Prevailed in an administrative appeal before the United States Department of Agriculture, securing reversal of an order disqualifying a Florida-based supermarket from the federal food stamp program (SNAP) for three years, which jeopardized over $20 million in revenue.
  • Successfully represented a national insurance brokerage in an appeal before the Florida Fifth District Court of Appeal relating to the brokerage’s alleged raid of a competitor’s employees and their multi-million-dollar books of business. After briefing was concluded, the lawsuit was resolved by a favorable out-of-court settlement. AssuredPartners, Inc. v. Brown & Brown, Inc., Case No. 5D16-3811 (Fla. 5th DCA 2017).
  • Successfully represented a Florida-based supermarket in an appeal before the Florida First District Court of Appeal relating to the Florida Department of Health’s disqualification of the supermarket from Florida’s Women, Infants, and Children (WIC) food subsidy program, which could have triggered a reciprocal disqualification from the federal food stamp program (SNAP). After briefing was concluded, the appeal was resolved by a favorable out-of-court agreement which avoided a reciprocal SNAP disqualification. Omar & Manuel Corp. v. Fla. Dep’t of Health, Case No. 1D13-0248 (Fla. 1st DCA 2013).

Litigation

  • Successfully represented a former executive of a Florida-based, publicly traded corporation in separate lawsuits brought by the Securities and Exchange Commission (SEC), the corporation, and its shareholders involving an alleged securities fraud that caused a $2 billion loss in the company’s market capitalization.
  • Obtained dismissal of numerous putative class action lawsuits filed by stockholders of a Florida-based, publicly traded company accused of engaging in securities fraud during a proposed acquisition.
  • Successfully represented a defense corporation in a lawsuit under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) alleging that the corporation leaked toxic sludge from its industrial property, causing over $200 million in natural resource damage.
  • Obtained dismissal of a lawsuit filed against a publicly-traded health insurance company alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA).
  • Successfully represented a corporate conglomerate in a first-of-its-kind “double derivative” action brought by shareholders of the conglomerate’s subsidiaries alleging that the conglomerate’s principals unlawfully diverted over $100 million in assets.

*Certain of these representations occurred prior to joining The Ferraro Law Firm.

Our Attorneys

James L. Ferraro

Founding Shareholder & President

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Verdicts & Settlements

BILLIONS
OF DOLLARS
Recovered for Our Clients

The Ferraro Law Firm is one of the top five asbestos and mesothelioma law firms in the nation in the number of claimants we represent and the total recovery we have obtained for our clients. Our courtroom successes have also given us the financial resources to handle complex cases that require a significant monetary investment on the part of the law firm handling your case.

Drag & Scroll
01

$70,102,000

Mesothelioma & Asbestos

02
03
04
05
06
07
08
09

$14,088,300

Mesothelioma & Asbestos

10

$14,000,000+

Mesothelioma & Asbestos

11

$14,000,000

Mesothelioma & Asbestos

12
13

$12,500,000

Product Liability

14

$11,000,000

Product Liability

15
16

$9,000,000

Talcum Powder

17
18

$6,785,000

Mesothelioma & Asbestos

19

$6,250,000

Mesothelioma & Asbestos

20
21

$5,500,000

Catastrophic Personal Injury

22

$5,000,000

Product Liability

23

$5,000,000+

Mesothelioma & Asbestos

24

$5,000,000

Mesothelioma & Asbestos

25
26
27

$3,455,000

Mesothelioma & Asbestos

28

$2,981,302

Mesothelioma & Asbestos

29

$2,854,159

Mesothelioma & Asbestos

30

$2,500,000

Mesothelioma & Asbestos

31

$2,000,000

Mesothelioma & Asbestos

32

$1,800,000

Mesothelioma & Asbestos

33

$1,500,000

Defective Drugs

34

$1,153,000

Mesothelioma & Asbestos

35

$1,131,327

Mesothelioma & Asbestos

36

$1,066,000

Mesothelioma & Asbestos

37

$1,055,000

Mesothelioma & Asbestos

38

$900,000

Mesothelioma & Asbestos

39

$800,000

Catastrophic Personal Injury

40

$500,000

Mesothelioma & Asbestos

41

$450,000

Catastrophic Personal Injury

42

$300,000

Mesothelioma & Asbestos

43

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If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than three decades, and have the resources you need to challenge any opponent.

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