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Appellate Results

For decades, The Ferraro Law Firm’s landmark appellate victories have shaped Florida’s product liability and toxic tort jurisprudence, along with the manner in which science is admitted into Florida courtrooms. Over this time, the firm’s appellate practice has achieved unmatched success.

  • DeLisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018)

    In 2018, the firm won a high-profile appeal before the Florida Supreme Court in DeLisle. The firm’s appeal challenged the constitutionality of the Daubert statute, which purported to statutorily preempt Florida’s common law Frye standard governing expert testimony. In its opinion, the Court struck down the Daubert statute as unconstitutional, reaffirmed the state’s adherence to Frye, and reinstated the $8 million jury verdict secured by the firm.

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  • Aubin v. Union Carbide Corporation, 177 So. 3d 489 (Fla. 2015)

    In 2015, the firm prevailed in a monumental appeal before the Florida Supreme Court in Aubin. The Court’s seminal Aubin decision rejected the defense-friendly Restatement (Third) of Torts: Products Liability, and made clear that Florida courts must follow the more neutral Restatement (Second) of Torts: Products Liability. As a result, Florida consumers may now prove that a product was “defectively designed” simply by showing that it failed to perform as safely as an ordinary consumer would expect. This ruling did away with the prior standard requiring Florida consumers to establish that a “reasonable alternative design” existed. In addition, the Court held that the widely asserted “learned intermediary” defense to failure-to-warn claims is “not a complete defense,” but rather is subject to a fact-intensive reasonableness assessment. Based on these holdings, the Court reinstated the $14 million jury verdict secured by the firm.

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  • American Optical Corp. v. Spiewak, 73 So. 3d 120 (Fla. 2011)

    In 2011, the firm successfully challenged as unconstitutional the retroactive application of the Asbestos and Silica Compensation Fairness Act. In a landmark decision, the Court agreed that the retroactive application of the statute violated the due process clause of the Florida Constitution.

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  • Castillo v. E.I. Du Pont De Nemours & Co., Inc., 854 So. 2d 1264 (Fla. 2003)

    In 2003, after ten years of litigation, the firm won a highly publicized appeal before the Florida Supreme Court in Castillo. At issue was the first ever verdict against a chemical company for causing a birth defect, and the cutting-edge science the firm utilized to establish causation. Applying the Frye standard governing expert testimony, the Court held that the science utilized by the firm was sufficiently reliable, and reinstated the multi-million-dollar verdict secured by the firm.

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  • Mazzoni Farms, Inc. v. E.I. DuPont de Nemours & Co., 761 So. 2d 306 (Fla. 2000)

    In 2000, the firm prevailed in an appeal before the Florida Supreme Court in Mazzoni Farms, a case in which the firm represented commercial plant nurseries who alleged that Benlate, a fungicide produced by DuPont, caused mass destruction to their trees and plants. The Court held that releases signed by these commercial plant nurseries did not bar them from suing DuPont for fraudulently inducing them into settling their products liability and fraud claims.

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  • Efron v. UBS Fin. Services Inc. of Puerto Rico, 2020 WL 697721 (Fla. 3d DCA Feb. 12, 2020)

    In 2020, the firm secured an extraordinarily rare reversal of an arbitration award, totaling $11 million, by the Third District Court of Appeal. Although the Federal Arbitration Act limits a party’s ability to vacate an arbitration award, the firm successfully argued that its client was denied important rights at arbitration, prompting the Third District to vacate the award and grant the firm’s client a new arbitration hearing.

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  • Continental Motors, Inc. v. Losner, 2020 WL 1289822 (Fla. 3d DCA Mar. 18, 2020)

    In 2020, the firm prevailed in an appeal before the Third District Court of Appeal, which affirmed the trial court’s denial of Continental Motors, Inc.’s motion to dismiss for lack of personal jurisdiction.

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  • Fla. Power & Light v. Cook, 277 So. 3d 263 (Fla. 3d DCA 2019)

    In 2019, the firm prevailed in a petition by Florida Power & Light for a writ of certiorari to quash two orders denying its motions for protective orders as to critical discovery sought by the plaintiff in an asbestos case.

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  • Northrup Grumman Sys. Corp. v. Britt, 241 So. 3d 208 (Fla. 3d DCA 2017)

    In 2017, the firm secured an affirmance by the Third District Court of Appeal of a $9 million jury verdict obtained in an asbestos case against Northrup Grumman Systems Corp.

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  • R.J. Reynolds Tobacco Co. v. Hubbird, 194 So. 3d 502 (Fla. 3d DCA 2016)

    In 2016, the firm secured a per curiam affirmance of a $28 million judgment against R.J. Reynolds Tobacco Co. in a product liability case involving a deceased man who smoked Lucky Strike, Viceroy, and Winston cigarettes from 1945 to 1993.

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  • Philip Morris USA, Inc. v. Cuculino, 165 So. 3d 36 (Fla. 3d DCA 2015)

    In 2015, the firm won an appeal before the Third District Court of Appeal, which affirmed a final judgment entered after a $12.5 million jury verdict in favor of the plaintiff in an Engle-progeny case

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  • R.J. Reynolds Tobacco Co. v. Williams, 183 So. 3d 408 (Fla. 3d DCA 2014)

    In 2014, the firm won an appeal before the Third District Court of Appeal, which affirmed a $5 million verdict awarded in an Engle progeny case to the estate of a smoker who developed oropharyngeal squamous cell carcinoma and died.

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  • Union Carbide v. Garrison, 126 So. 3d 1069 (Fla. 4th DCA 2013)

    In 2013, the firm secured a per curiam affirmance of a $20.646 million award to a mesothelioma victim.

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  • R.J. Reynolds Tobacco Co. v. Reese, 139 So. 3d 900 (Fla. 3d DCA 2013)

    In 2013, the firm secured a per curiam affirmance of a $1,066,000 verdict entered against a cigarette manufacturer who contracted laryngeal cancer.

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  • Sbory v. Am. Optical Corp., 958 So. 2d 474 (Fla. 4th DCA 2007)

    In 2007, the firm prevailed in an appeal before the Fourth District Court of Appeal, which reversed the trial court’s entry of final summary judgment in an asbestos case against Goulds Pumps, Inc.

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  • Baranek v. Am. Optical Corp., 941 So. 2d 1214 (Fla. 4th DCA 2006)

    In 2006, the firm prevailed in an appeal before the Fourth District Court of Appeal, which reversed the trial court’s dismissal of the plaintiff’s lawsuit on forum non conveniens grounds.

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  • Fox v. Union Carbide Corp., 910 So. 2d 422 (Fla. 4th DCA 2005)

    In 2005, the firm prevailed in an appeal before the Fourth District Court of Appeal, which reversed the trial court’s dismissal of the plaintiff’s lawsuit on forum non conveniens grounds.

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  • Union Carbide v. Kavanaugh, 879 So. 2d 42 (Fla. 4th DCA 2004)

    In 2004, the firm prevailed in an appeal before the Fourth District Court of Appeal, which affirmed the $1,153,000 final judgment awarded to the plaintiff in a product liability asbestos case. The Court rejected Union Carbide’s argument that, as a bulk supplier of asbestos, it had no affirmative duty to warn ultimate users of the dangers of asbestos.

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  • Lagueux v. Union Carbide Corp., 861 So. 2d 87 (Fla. 4th DCA 2003)

    In 2003, the firm prevailed in an appeal from an asbestos verdict in the Fourth District Court of Appeal. Although the firm secured a jury verdict in favor of the plaintiff, the firm challenged the trial court’s decision to allow Union Carbide to apportion fault to non-parties Johns-Manville and Philip Carey. The Fourth District reversed that decision, and enlarged the plaintiff’s recovery on appeal. In addition, the Fourth District rejected Union Carbide’s cross-appeal.

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  • Owens-Corning Fiberglas Corp. v. McKenna, 726 So. 2d 361 (Fla. 3d DCA 1999)

    In 1999, the firm won an appeal in which the Third District Court of Appeal affirmed a $5 million jury verdict in an asbestos case against Owens-Corning Fiberglas Corp.
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  • Snoozy v. U.S. Gypsum Co., 695 So. 2d 767 (Fla. 3d DCA 1997)

    In 1997, one of the firm’s lawyers won an appeal in an asbestos case before the Third District Court of appeal, which affirmed the jury verdict entered in favor of the plaintiff, finding that the trial court correctly directed the verdict on the manufacturer’s Fabre affirmative defense, and remanded for an additional trial on damages for the victim’s children.

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  • Owens-Corning Fibgerglas Corp. v. Corcoran, 679 so. 2d 291 (Fla. 3d DCA 1996)

    In 1996, the firm won an appeal in which the Third District Court of Appeal affirmed a $6.25 million compensatory award in a mesothelioma case, which was the largest award of its kind in Florida at the time.

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  • W.R. Grace & Co. v. Pyke, 661 So. 2d 1301 (Fla. 3d DCA 1995)

    In 1995, the firm prevailed in an appeal in an asbestos case involving a $1,055,000 jury verdict entered in favor of the plaintiff, who contracted asbestosis.

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  • Diaz v. Southeast Bank, N.A., 595 So. 2d 228 (Fla. 3d DCA 1992)

    In 1992, the firm secured a reversal from the Third District Court of Appeal, which held that the trial court erroneously granted final summary judgment in a negligence action against Southeast Bank, N.A.

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  • Salozzo v. Wagner Spray Tech Corp., 578 So. 2d 393 (Fla. 3d DCA 1991)

    In 1991, the firm secured a reversal from the Third District Court of Appeal, which held that expert testimony was not required to permit a jury conclusion that warnings provided on a spray gun were inadequate, improperly located, or both.

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  • Berdeaux v. Eagle-Picher Indus., Inc., 575 So. 2d 1295 (Fla. 3d DCA 1991)

    In 1991, the firm secured a reversal from the Third District Court of Appeal, which held that the trial court’s dismissal of nine asbestos-litigation plaintiffs was erroneous.

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