John L. McManus

John L. McManus

Shareholder

John L. McManus concentrates his practice on representing businesses in complex commercial litigation in Florida federal and state courts. He has experience in representing financial institutions, insurers, specialty finance companies, and their officers or directors in a wide variety of litigation and arbitration disputes. John represents buyers, sellers, and private equity groups in disputes involving mergers, acquisitions, and ongoing business operations. These disputes typically involve post-closing working capital and purchase price adjustment issues, claims of breach of contractual representations and warranties, and earnout disputes, as well as disputes involving business torts, trade secrets, employee non-competition agreements. John has broad experience in representing owners, developers, and contractors in construction defect and construction lien litigation. He has also represented physicians, group health plans, managed care organizations, and medical practices in litigating a wide range of health care disputes.

Concentrations

  • Business torts
  • Class action defense
  • Complex commercial litigation
  • Construction defect and lien litigation
  • Financial services litigation
  • Health care and managed care litigation
  • Insurance coverage disputes
  • Mergers and acquisitions litigation
  • Real estate litigation
  • Trade secrets and non-compete litigation
 
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Capabilities

Experience

  • Represented life settlement company in coverage dispute, resulting in $5 million jury verdict.
  • Defended financial institution in a class action lawsuit resulting in complete dismissal of residential mortgage related claim.
  • Defended former officers and directors of insolvent insurer against claims of alleged mismanagement.
  • Defended CEO of financial services company against all Racketeer Influenced and Corrupt Organizations Act (RICO) and fraud claims raised against him.
  • Defense of financial services company against putative class action arising from alleged violations of Florida’s Deceptive and Unfair Trade Practices Act and Motor Vehicle Retail Sales Finance Act.
  • Defense of putative class action against insurance company arising from alleged failure to provide safe driver discount on insurance.
  • Defense of insurance company against putative class action alleging violation of Florida’s Insurance Rating Law.
  • Defense of former officer and director of financial services company in 24 related securities fraud actions, including 18 class actions, brought for purported violation of securities laws.
  • Represented insurers, physicians, group health plans, managed care organizations, and members in complex insurance and managed care litigation and disputes.
  • Prosecuted antitrust claims on behalf of health care network alleging group boycott by optometrists.
  • Represented agency in pursuing health insurance agents who sold unauthorized health insurance plans to residents.
  • Prosecution and defense of numerous claims on behalf of owners, developers, contractors, and subcontractors in connection with construction and roofing defect disputes and construction lien litigation.
  • Represented affordable housing developers in litigating entitlement to and amount of ad valorem tax exemption.
  • Represented real estate brokers and developers in real estate brokerage litigation.
  • Represented national fragrance company in a trademark infringement trial, resulting in favorable jury verdict.
  • Defense of Internet marketing companies against claims based on unsolicited commercial e-mail under Florida Electronic Mail Communications Act and Maryland Commercial Electronic Mail Act.
  • Defense of federal securities lawsuit involving federal and state securities claims arising from private placement of Internet bookstore. 
  • Defense of nutraceutical company against putative class action alleging violations of Florida’s Deceptive and Unfair Trade Practices Act and Free Gift Advertising Law.
  • Defense of putative Racketeer Influenced and Corrupt Organizations Act (RICO) class action arising out of internet gaming.
  • Defense of major medical device company in litigation and arbitration arising from termination of distributorship.
  • Cash4Gold, LLC v. C.J. Environmental, Inc., 2009 W.L. 1605354 (S.D. Fla. 2009).
  • Global Aerospace, Inc. v. Platinum Jet Management, LLC, 2011 W.L. 2530943 (S.D. Fla. 2011), affirmed, 488 Fed. Appx. 338 (2012).
  • Ivision International of Puerto Rico, Inc. v. Davila-Garcia, 364 F. Supp. 2d 166 (D. P.R. 2005).
  • Lopez v. HSBC Bank USA, N.A., 2014 W.L. 3361755 (S.D. Fla. 2014).
  • NW Sign Industries, Inc. v. Liberty Mutual Ins. Co., 2008 W.L. 202372 (S.D. Fla. 2008).
  • Perfumania, Inc. v. Perfulandia, Inc., 550 F. Supp. 2d 218 (D. P.R. 2007).
  • Puerto Rico Hospital Supply, Inc. v. Boston Scientific Corp., 426 F. 3d 503 (1st Cir. 2005), affirming Puerto Rico Hosp. Supply, Inc. v. Boston Scientific Corp., 2005 W.L. 1431882 (D. P.R. June 17, 2005).
  • Settlement Funding, LLC v. AXA Equitable Life Ins. Co., 2011 W.L. 1097635 (S.D.N.Y. 2011).
  • Temple v. Gorman, 201 F. Supp.2d 1238 (S.D. Fla. 2002).

Recognition & Leadership

  • Listed, The Best Lawyers in America, Commercial Litigation, 2013-2019
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • Member, Federal Bar Association, Broward County Chapter
  • Member, Broward County Bar Association, Construction Law Section
  • Member, American Bar Association
    • Litigation Section
      • Business Torts and Unfair Competition Committee
      • Commercial and Business Litigation Committee
    • ABA Forum on the Construction Industry
  • Member, The Florida Bar, Business Law and Trial Lawyers Sections
  • Master of the Bench, Stephen R. Booher American Inn of Court

Credentials

Education
  • J.D., with high honors, University of Florida Levin College of Law, 1997
    • Order of the Coif
    • Member, Florida Law Review
    • Member, Florida Journal of International Law
    • Recipient of three Book Awards in Evidence, Health Care Law, and Jurisprudence
  • B.A., cum laude, University of Michigan, 1992
Admissions
  • Florida
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of Florida