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Patrick G. Broderick

Patrick G. Broderick focuses his practice on litigation related to claims arising out of federal consumer protection statutes, including the Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Debt Collections Practices Act, Fair Credit Reporting Act, and Telephone Consumer Protection Act as well as various state consumer protection statutes. He is experienced defending companies against class action lawsuits asserting violation of consumer protection statutes, and overseeing company responses to government investigations initiated by state attorneys general and federal regulatory agencies relating to mortgage servicing practices.

Patrick handles commercial litigation matters, including breaches of contract claims arising out of franchising arrangements, licensing agreements, distribution agreements, and other contracts entered into by companies in industries such as telecommunications, consumer credit reporting, technology and manufacturing.

Patrick is also experienced in product liability actions, including those involving pharmaceuticals, medical devices, industrial equipment, automatic doors and other consumer products. He has trial experience defending claims based on failure to warn, design defect, manufacturing defects, breach of warranty, and consumer protection claims.

Patrick also served as a Captain in the United States Army Reserve. In June 2008, he was mobilized for one year in support of Operation Enduring Freedom, and he served in Washington, D.C. as an appellate attorney at the United States Army Legal Services Agency, Government Appellate Division. While mobilized, he earned numerous awards and accolades for the appeals he handled.

Capabilities

Experiencia

  • CWELT-2008 Series 1045 LLC v. PHH Corporation, No. 20-cv-20334, 2020 WL 2744191 (S.D. Fla. May 27, 2020) (Obtained dismissal of putative consumer class action alleging violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) arising out of allegedly improper imposition of lender placed insurance)
  • Naimoli v. Ocwen Loan Servicing, LLC, No. 18-cv-06180, -- F. Supp. 2d --, 2020 WL 2059780 (W.D.N.Y. April 29, 2020) (Obtained summary judgment on claims brought by consumer against mortgage servicing company for alleged violation of Real Estate Settlement Procedures Act (“RESPA”) arising out of allegedly improper implementation of loan modification)
  • Carl Deering v. Ocwen Loan Servicing, LLC, et al., No. 18-cv-1343 (W.D.N.Y. Sept. 6, 2019) (Obtained dismissal of plaintiff borrower claims for fraud and intentional infliction of emotional distress)
  • Anne Marie Tardi-Osterhoudt v. McCabe, Weisberg & Conway, et al., No. 18-cv-840, 2019 WL 4242410 (N.D.N.Y. Sept. 6, 2019) (Obtained dismissal of claims under Fair Debt Collection Practices Act (“FDCPA”) by arguing that mortgage servicing company was not debt collector)
  • SNIIC Two LLC v. Ocwen Loan Servicing, LLC, et al., No. 19-cv-583 (M.D. Fla. Aug. 20, 2019) (Obtained dismissal of Fair Debt Collection Practices Act (“FDCPA”) claims based on allegedly improper debt collection activity)
  • Iris Graham, et al. v. HSBC Mortg. Corp., et al., No. 18-cv-4196, 2019 WL 3066399 (S.D.N.Y. July 12, 2019) (Obtained dismissal of plaintiff fraud claims arising out of alleged misrepresentations at origination of mortgage loan)
  • Omar Hevia v. Ocwen Loan Servicing, LLC, No. 18-cv-25463, 2019 WL 3000761 (S.D. Fla. June 25, 2019) (Obtained dismissal of plaintiff claims brought under Real Estate Settlement Procedures Act (“RESPA”) due to application of Rooker-Feldman doctrine following foreclosure judgment)
  • William Salter v. Ocwen Loan Servicing, LLC, No. 19-cv-60304, 2019 WL 8137877 (S.D. Fla. June 19, 2019) (Obtained dismissal of plaintiff borrower claims under Real Estate Settlement Procedures Act (“RESPA”) arising out of alleged failure to respond to request for information)
  • Harriet Pierce v. Ocwen Loan Servicing, LLC, No. 18-cv-1466, 2019 WL 2343382 (N.D.N.Y. June 3, 2019) (Obtained dismissal of fraud and breach of contract claims arising out of plaintiff borrower’s claim that ownership of mortgage note was concealed)
  • Sherwin Wilson v. HSBC Bank, USA, et al., No. 16-cv-8405, 2019 WL 1004587 (S.D.N.Y. March 1, 2019) (Obtained dismissal of plaintiff borrower’s Fair Credit Reporting Act (“FCRA”) claims because of lack of dispute to credit reporting agencies under 15 U.S.C. § 1681s)
  • Chase Home Finance, LLC v. Roselene Lumar, No. 2008-71826-CA-01 (Fla. Cir. Ct. 11th Dist. Miami-Dade Cty. Nov. 15, 2019) (Obtained order dismissing criminal contempt of court charges against mortgage servicing client)
  • Edward Gardner, et al. v. Wells Fargo Bank NA, et al., No. 604255/17, 2019 WL 66122422 (N.Y. Sup. Ct. Nassau Cty. Nov. 27, 2019) (After bench trial, court dismisses quiet title action, finding that mortgage was not dischargeable under statute of limitations where loan was de-accelerated and plaintiff borrower acted with unclean hands)
  • Deutsche Bank National Trust Co. v. Yurowitz, 181 A.D.3d 646 (N.Y. App. Div. 2d Dep’t 2020) (Obtained appellate court affirmance of an order finding that process server’s affidavit was sufficient to establish service of process of foreclosure complaint)
  • U.S. Bank Nat. Assoc. v. James, 180 A.D.3d 594 (N.Y. App. Div. 1st Dep’t 2020) (Obtained appellate court affirmance of order granting summary judgment and finding that proof of mailing of statutory default notices was sufficient)
  • OneWest Bank, FSB v. Kaur, 172 A.D.3d 1392 (N.Y. App. Div. 2d Dep’t 2019) (Obtained appellate court affirmance of order restoring dismissed foreclosure action)
  • Deutsche Bank Nat. Trust Co. v. O’Brien, 175 A.D.3d 650 (N.Y. App. Div. 2d Dep’t 2019) (Obtained appellate court affirmance of order denying motion to dismiss for prior action pending)
  • Deutsche Bank Nat. Trust Co. v. Cardona, 172 A.D.3d 1313 (N.Y. App. Div. 2d Dep’t 2019) (Obtained appellate court affirmance of order granting summary judgment and ruling that there was no requirement of showing how original note came into plaintiff’s possession in order to prove standing)
  • Deutsche Bank Nat. Trust Co. v. Michael Kelly, No. 34812/2018 (N.Y. Sup. Ct. Rockland Cty. Jan. 3, 2020) (Obtained order granting summary judgment and finding that mortgage servicer’s affidavit was sufficient to prove standing)
  • Deutsche Bank Nat. Trust Co. v. Elora Rahman, No. 702624/2014 (N.Y. Sup. Ct. Queens Cty. Oct. 8, 2019) (After bench trial, obtained order granting judgment and finding that mortgage servicer’s witness testimony was sufficient to prove mailing of statutory notices)
  • Lisa Laurenzano, et al. v. Deutsche Bank Nat. Trust Co., No. 53442/2016, 2019 WL 4888706 (N.Y. Sup. Westchester Cty. July 11, 2019) (Obtained summary judgment on plaintiff claim to discharge mortgage as barred by statute of limitations, with court finding that the statute had been tolled by operation of law and therefore revocation of acceleration of mortgage loan was timely)
  • Deutsche Bank Nat. Trust Co. v. Margaret Beckford, No. 515553/2015 (N.Y. Sup. Ct. Kings Cty. June 28, 2019) (Obtained summary judgment by demonstrating endorsement on note to the order of plaintiff investor trust)
  • Macias v. Ocwen Loan Servicing, LLC, No. 16-cv-2215, 2017 WL 836028, at *3-4 (S.D.N.Y. Mar. 2, 2017) (granting motion to dismiss FDCPA claim absent proof that loan servicer was debt collector and also dismissing TILA claims as time barred)
  • O’Neal v. Allied Interstate, LLC, No. 15-cv-1089, 2016 WL 7666180, at *5-6 (M.D. Fla. Sept. 23, 2016) (granting motion for summary judgment on FDCPA claim where debt collector produced proof that debt validation letter was sent)
  • Coatney v. Synchrony Bank and Allied Interstate, LLC, No. 16-cv-389, 2016 WL 4506315 (M.D. Fla. Aug. 2, 2016) (in TCPA case, obtaining stay of proceedings pending DC Circuit decision in ACA Int’l)
  • Martin v. Allied Interstate, LLC, 192 F.Supp.3d 1296, 1308 (M.D. Fla. 2016) (granting summary judgment to debt collector on TCPA, FDCPA and FCCPA claims)
  • Hines v. HSBC Bank USA et al., No. 15-cv-3082, 2016 WL 5716749, at *4 (E.D.N.Y. Sept. 30, 2016) (dismissing emotional distress claims under the Rooker-Feldman doctrine and RESPA claims due to lack of damages)
  • He v. Ocwen Loan Servicing, LLC, No. 15-cv-4575, 2016 WL 3892405, at *3 (E.D.N.Y. July 14, 2016) (granting in part and denying in part motion to dismiss claims for violations of RESPA, CFPB regulation section 1024.41 and New York General Business Law section 349)
  • Voss v. Bank of America et al., No. 15-cv-232, 2016 WL 3746575, at *6 (N.D.N.Y. July 8, 2016) (granting in part and denying in part motion to dismiss borrower claims brought after denial of HAMP loan modification)
  • Miranda v. Ocwen Loan Servicing, LLC, 148 F.Supp.3d 1349, 1356 (S.D. Fla. 2015) (dismissing claim for statutory damages under RESPA)
  • Weiss v. Ocwen Loan Servicing, LLC, No. 15-cv-1050 (E.D.N.Y. Oct. 20, 2015) (recommending dismissal of FDCPA class action as moot following Rule 68 offer of judgment)
  • Argued motion to dismiss consumer’s claims based on Fair Credit Reporting Act in Lucchesi v. Experian Information Solutions, Inc., 226 F.R.D. 172 (S.D.N.Y. 2005).°
  • Argued motion for summary judgment in commercial defamation action and then argued appeal in the U.S. Court of Appeals for the Second Circuit in County Vanlines v. Experian Information Solutions, Inc., 317 F. Supp.2d 383 (S.D.N.Y. 2004), aff’d, No. 04-2982-CV, 2005 WL 3117211 (2d Cir. Nov. 22, 2005).°
  • Defended manufacturer of vaginal mesh medical device in In re C. R. Bard, Inc., Pelvic Repair System Products Liability Litig., MDL No. 2187 (S.D. W. Va. 2017).
  • Second-chaired product liability trial defending pharmaceutical manufacturer of pediatric over-the-counter analgesic in Hutto v. McNeil-PPC, Inc., No. 04-C-0096 (La. 27th Dist. Ct. 2010), aff'd, 79 So.3d 1199 (La. App. 3 Cir. 12/7/11).°
  • Argued Frye motion to preclude plaintiff's expert opinions and for summary judgment in favor of manufacturer of over-the-counter pharmaceutical in Ratner v. McNeil-PPC, Inc. 27 Misc. 3d 322, 898 N.Y.S.2d 772 (Sup. Ct. Kings Cty. 2010) aff'd, 933 N.Y.S. 2d 323 (2d Dep't 2011).°
  • Defended depositions of pharmaceutical sales representatives regarding allegations of off-label promotion of antipsychotic prescription drug in In re: Seroquel Products Liability Litig., MDL No. 1769 (M.D. Fla.).°
  • Defended pharmaceutical manufacturer of methyl phenidate in wrongful death suit alleging failure to warn in Hill v. Ortho-McNeil Pharmaceutical, Inc., No. 09-9032 (S.D.N.Y.).°
  • Defended manufacturer of estrogen birth control patch in In re: Ortho Evra Product Liability Litig., MDL No. 1742 (N.D. Ohio) and in related New York State proceedings.°
  • Defended manufacturer of FDA approved contact lens solution in consolidated New York County cases alleging design and manufacturing defects in In re: New York ReNu With MoistureLoc Products Liability Litig., No. 766,000/2007 (N.Y. Sup. Ct. N.Y. Cty.).°
  • Defended hormone replacement therapy manufacturer in suits alleging breast cancer in In re: Prempro Products Liability Litig., MDL No. 1507 (E.D. Ark.).°
  • Served as member of trial team in Anderson v. Fortune Brands, Inc., No. 42821/97 (N.Y. Sup. Ct. Kings Cty.), the first tobacco case tried in New York.°
  • Second-chaired trial on behalf of automatic door manufacturer in Lazar v. Overhead Door Corp., No. 22518/01 (N.Y. Sup. Ct. Queens Cty.); case settled after jury selection on terms favorable for client.°
°The above representations were handled by Mr. Broderick prior to his joining Greenberg Traurig, P.A.
 
  • Vice President and Assistant General Counsel, Ocwen Financial Corporation
    • Assistant General Counsel, December 2012-November 2014
    • Senior Litigation Counsel, November 2011-December 2012
  • United States Army Reserve, March 2003-April 2012
    • Active Duty, United States Army Government Appellate Division, July 2008-June 2009

Recognition & Leadership

  • Listed, South Florida Legal Guide, "Top Lawyer," 2020 
  • Team Member, a Law360 "Florida Powerhouse," 2018 
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
  • Recipient, Metropolitan Who’s Who, 2006-2007
  • Member, Judge Advocates Association American Inn of Court, 2008-2009
  • Member, Toastmasters International, Alexandria Treetop Club, 2008-2009

Credentials

Educación
  • J.D., Georgetown University Law Center, 1997
  • B.B.A., University of Notre Dame, 1994
Con licencia para ejercer en
  • Florida
  • Nueva York
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Armed Forces
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Southern District of New York
  • United States Army Court of Criminal Appeals
Idiomas