Profile
Jay Yagoda is a shareholder in the Miami Appeals & Legal Issues and Litigation Practice groups. He brings a practical approach to resolving complex legal disputes, shaped by his role as a government attorney at one of the nation’s busiest U.S. Attorney’s Offices, over a decade’s worth of experience in private practice, and a judicial clerkship at the Florida Supreme Court.
Before returning to private practice, Jay served in the Appellate Division of the U.S. Attorney’s Office for the Southern District of Florida, first, as a line Assistant U.S. Attorney and, later, in a leadership role as an Acting Deputy Chief. For the federal government, Jay briefed and argued civil and criminal cases before the U.S. Court of Appeals for the Eleventh Circuit, worked closely with trial teams across multiple divisions to preserve issues and strengthen cases for appeal, and often gave guidance on novel legal questions with implications beyond individual cases.
Jay now applies his government experience to guide legal strategy across all phases of his private-sector practice, from pre-suit to appeal. In trial courts, he acts as embedded appellate counsel, providing support in preserving critical legal issues, drafting and arguing case-dispositive motions, advising on jury instructions and verdict forms, and managing post-judgment motion practice and attorney’s fee disputes. And in appellate courts, Jay helps clients challenge and defend trial court rulings, crafts appellate briefs, and presents oral arguments before state and federal appellate courts, including Florida’s District Courts of Appeal and the U.S. Courts of Appeals.
Jay is also active in the Florida appellate community. He is the Immediate Past President of the Third District Court of Appeal Historical Society, after having served on the Society’s Board of Directors for four years, and he has served two terms on the Executive Council of the Appellate Practice Section of The Florida Bar. For representing the future of Florida’s legal profession, Florida Trend’s Legal Elite recognized Jay as an Up and Comer in 2021 and 2022.
Concentrations
- Civil and criminal appeals
- Litigation strategy, trial support, and preservation
- Jury instructions and verdict forms
- Land use/developer litigation and appeals
- Attorneys’ fees and corporate advancement litigation
- Punitive damages litigation
- Mass torts and multidistrict litigation
- Products liability litigation
- Pharmaceutical, medical device, and health care litigation
- Education finance litigation
תחומי התמחות
ניסיון מקצועי
- Secured reversal of trial court order awarding over $1 million in indemnification of defense fees and costs to former employee sued by corporation for breach of fiduciary duty. Lopez v. American Sales and Management Organization, 373 So. 3d 1198 (Fla. 3d DCA 2023).
- Successfully defended on appeal trial court order rejecting plaintiff-corporation’s obligation under corporate operating agreement to advance attorney’s fees to former employee to defend lawsuit about employee’s misconduct. Blake v. American Sales & Management Organization, 345 So. 3d 924 (Fla. 3d DCA 2022).
- 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. Electric Boat Corporation v. Fallen, 343 So. 3d 1218 (Fla. 5th DCA 2022).
- 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. 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).
- United States Attorney’s Office for the Southern District of Florida, United States Department of Justice, 2023-2025
- Acting Deputy Chief, Appellate Division, 2025
- Assistant United States Attorney, Appellate Division, 2023-2025
הישגים ותפקידי מפתח
- 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
- President, 2025
- Member, The Florida Bar
- Member, Appellate Practice Section
- Member, Miami-Dade Bar
- Member, American Bar Association
- Member, Federal Bar Association, South Florida Chapter
הכשרה מקצועית וכישורי שפה
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J.D., magna cum laude, University of Florida Levin College of Law
- Order of the Coif
- Executive Research Editor, University of Florida Journal of Law & Public Policy
- B.A., cum laude, University of Florida
- Supreme Court of Florida, 2010-2012
- 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