Skip to main content

Elliot Scherker has 40-plus years of experience as an appellate lawyer and has handled more than 2,000 appeals in state and federal courts. Elliot brings a practical and client-centered approach to his work. He is Co-Chair of the firm's National Appeals & Legal Issues Group.


  • Appellate practice
  • White collar criminal defense
  • Securities litigation
  • Constitutional litigation
  • Environmental and land use litigation
  • Bankruptcy appeals
  • Litigation trial support



  • Represented Lorillard Tobacco Company on appeal from $145 billion judgment against the five major American tobacco companies, the largest damage award in American legal history; presented oral argument in both the Third District Court of Appeal and the Florida Supreme Court on behalf of all five companies, resulting in damages judgment being reversed.
  • Overturned $521 million judgment against BDO Seidman.
  • Prevailed on appeal to Fifth Circuit from conviction in major criminal securities fraud prosecution in Texas.
  • Obtained reversal of $60 million punitive-damages judgments against former Arizona utilities commissioner in Ninth Circuit.
  • Obtained forum non conveniens dismissal for Hilton International in major premises liability action, on appeal from order refusing to dismiss action.
  • Represented Florida Marlins in upholding judgment approving public-private contract for development of new baseball stadium.
  • Prevailed before an en banc Florida appellate court for hotel client on question whether landowners or hotels are liable for accidents and drownings resulting from natural and ordinary risks occurring in bodies of water.
  • Overturned $8 million judgment against Brinks, Inc. in action by driver charged with theft, on post-trial in federal district court; upheld judgment on appeal in Eleventh Circuit
  • Board Certified, Appellate Law, The Florida Bar (1995-present)

Recognition & Leadership

  • Team Member, a Law360 “Environmental Practice Group of the Year, 2022
  • Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021
  • Listed, The Best Lawyers in America, Appellate Practice; Criminal Defense: White-Collar; Personal Injury Litigation - Defendants, 2001-2024                  
    • "Lawyer of the Year," White-Collar Criminal Defense Law, 2011; Personal Injury Litigation - Defendants, 2011; Appellate Law, 2010
  • Listed, Benchmark Litigation
    • "Local Litigation Star," 2020-2024
    • “National Litigation Star” 2019
  • Listed, Thomson-Reuters, "Stand-Out Lawyers," 2022
  • Listed, Acritas Stars™ Independently Rated Lawyers, "Star Lawyers," 2018-2021
  • Listed, Chambers USA Guide, "Litigation: Appellate," 2003-2023
  • Listed, The Legal 500 United States, 2008, 2014-2022
    • Dispute Resolution - Appellate: Court of Appeal, 2021-2023
      • "Recommended Lawyer," 2023
    • Dispute Resolution - Appellate: Supreme Courts (States and Federal), 2021-2023
      • "Recommended Lawyer," 2023
    • Litigation - Supreme Court and Appellate, 2008, 2014-2020
    • Dispute Resolution - Product Liability, Mass Tort and Class Action Defense; Consumer Products (Including Tobacco), 2021
  • Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2023
    • "Top 100 Lawyers in Florida," 2011-2016
  • Listed, Florida Trend magazine, "Legal Elite – Appellate Litigation," 2004-2022
    • "Hall of Fame," 2013-2022
  • Recognized, Daily Business Review, "Most Effective Lawyers - Appellate," 2010 and 2017 
  • Listed, South Florida Legal Guide, "Top Lawyer," 2004-2017, 2020-2021
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
  • Team Member, a Law360 "Product Liability Practice Group of the Year," 2011
  • Team Member, "Champions of Equality Award" (based on role in landmark Florida gay adoption case), SAVE DADE Foundation, May 2011
  • Team Member, a Law360 "Appellate Practice Group of the Year," 2010
  • Rated, AV Preeminent® 5.0 out of 5.0

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Fellow, American Bar Foundation
  • Fellow, American Academy of Appellate Lawyers
  • Member, American Law Institute
  • Member, American Bar Association 
  • Member, Baptist Health Founders Society
  • Board of Legal Specialization & Education, The Florida Bar, 2006-2012
  • Appointed by Chief Justice to Committee on Judicial Evaluations, Florida Supreme Court, 2006-2007


  • J.D., University of Miami School of Law, 1975
  • B.A., University of Miami, 1972
  • Florida
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the Southern District of Florida