Profile
Jay Yagoda is a shareholder in the Miami Appeals & Legal Issues and Miami Litigation Practice groups. Following a clerkship at the Florida Supreme Court, Jay has gained experience handling a wide variety of appellate matters in state courts throughout Florida and in federal courts across the country. Jay also litigates cases involving complex legal issues at the trial-court level to position clients for appellate success and provides litigation support to trial counsel during all phases of litigation, including pre-trial and post-trial motion practice. He has presented appellate oral argument before Florida’s District Courts of Appeal and the United States Court of Appeals for the First and Eleventh Circuits and has argued on behalf of clients in state and federal trial courts. In 2021, Jay was recognized by Florida Trend's Legal Elite as an Up and Comer for representing the future of the legal profession in Florida.
Concentrations
- Appellate practice
- Litigation trial support
- Land use/developer litigation and appeals
- Attorneys’ fees litigation
- Punitive damages litigation
- Mass torts and multidistrict litigation
- Products liability litigation
- Pharmaceutical, medical device, and health care litigation
- Education finance litigation
Capabilities
Experience
- Obtained a full affirmance of new trial awarded to defendant convicted of Foreign Corrupt Practices Act violation after trial court victory on post-trial motion. United States v. Boncy, 8 F.4th 30 (1st Cir. 2021).
- Secured a complete reversal of a trial court order allowing a punitive damages claim to proceed against defendant for work-place accident.
- Defended manufacturer of medical devices in all claims concerning vascular devices, including overseeing Florida team in numerous remanded cases across Florida’s federal district courts.
- Secured affirmance of complete dismissal of employment and wrongful death lawsuit in state appellate courts and later secured dismissal of successive appeal of plaintiffs’ renewed lawsuit filed in federal court. Roig v. United Parcel Service, Inc., No. 21-11915-HH, 2021 WL 6102102, at *1 (11th Cir. Sept. 1, 2021); Estate of Roig v. United Parcel Services, Inc., 295 So. 3d 838 (Fla. 4th DCA 2020).
- Obtained complete affirmance of dismissal of employment lawsuit with prejudice. Logtenberg v. Koenpack USA, Inc., No. 2019-211-AP-01, 2020 WL 991858 (Fla. Cir. Ct., App. Div., Feb. 20, 2020).
- Assisted in securing complete affirmance of summary judgment in favor of developer in homeowners’ association funding dispute. Valencia Reserve Homeowners Ass’n, Inc. v. Boynton Beach Associates, XIX, LLLP, 278 So. 3d 714 (Fla. 4th DCA 2019).
- Assisted in securing affirmance of summary judgment in favor of insurer that denied coverage for property damage claim. O. Beach Corp. v. Great American Insurance Co. of New York, 791 F. App’x 106 (11th Cir. 2019).
- Obtained complete affirmance of trial judgment in favor of tenant in lawsuit brought by landlord for return of deposit. Greenberg v. Mouyal, 259 So. 3d 103 (Fla. 3d DCA 2018).
- Assisted in obtaining affirmance of zoning board decisions granting variance and certificate of appropriateness requests in favor of developer for planned redevelopment of mixed-use property in historic district.
- Obtained affirmance of trial court’s order denying motion to dismiss for lack of personal jurisdiction, involving extensive jurisdictional discovery, to allow lawsuit to proceed in Florida state court. Beracha v. Ardura, 171 So. 3d 723 (Fla. 3d DCA 2015).
- Secured affirmance of residential foreclosure judgment. Rodriguez v. Bank of New York, 130 So. 3d 1288 (Fla. 3d DCA 2014).
Recognition & Leadership
- Team Member, Daily Business Review, "Florida Legal Awards: Cross Border Disputes Award," 2023
- Listed, Super Lawyers magazine, Florida Super Lawyers, "Rising Stars," 2015-2023
- Listed, Florida Trend, Legal Elite, "Up and Comers," 2021-2022
- Board Member, Third District Court of Appeal Historical Society
- Treasurer
- Member, The Florida Bar
- Member, Appellate Practice Section
- Member, Dade County Bar Association
- Member, American Bar Association
Credentials
Education
-
J.D., magna cum laude, University of Florida Levin College of Law, 2010
- Order of the Coif
- Executive Research Editor, University of Florida Journal of Law & Public Policy
- B.A., cum laude, University of Florida, 2007
Clerkships
- Hon. Barbara J. Pariente, Supreme Court of Florida, 2010-2012
Admissions
- Florida
- Supreme Court of the United States
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. Court of Appeals for the First 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 Eleventh Circuit