Kimberly Mello practices as an appellate attorney representing clients in appeals in state and federal courts, including the Florida Supreme Court, United States Court of Appeals for the Eleventh Circuit, and Florida's District Courts of Appeal. She also regularly consults with trial lawyers on important substantive and procedural issues in ongoing cases, and assists with developing trial strategy to ensure that the best possible record is made in the event of appellate review. Her practice also involves preparing dispositive pre-trial motions, post-trial motions and, when necessary, handling writs and interlocutory appeals.
Ms. Mello has extensive experience handling appellate matters in complex litigation, with an emphasis in the following areas: toxic torts; mass torts; class actions; environmental litigation and business litigation.
Ms. Mello has authored numerous articles on appeals and other topics. She currently serves on the Board of Directors of the Humane Society of Tampa Bay and the Board of Trustees of the Florida Supreme Court Historical Society. She is a former member of the Executive Council of The Florida Bar's Appellate Practice Section, and is the former Chair of the Hillsborough County Bar Association's Appellate Practice Section.
Areas of Concentration
· Appellate Practice
· Toxic Torts
· Environmental Litigation
· Mass Torts
· Business Litigation
· Class Actions
Professional & Community Involvement
· Member, Hillsborough County Bar Association
- Co-Chair, Appellate Section, 2007-2009
· Member, The Florida Bar, Executive Council - Appellate Practice Section, 2000-2006
- Continuing Legal Education Committee, 2002-2004
- Chair, Programs Committee, 2001
- Publications Committee, 1996-2000
- Civil Appellate Practice Committee, 1995-1997
- Amicus Curiae Committee, 1995-1997
- Editor, The Record, Journal for the Appellate Practice Section, 1998-2000
· Member, American Bar Association
- Appellate Advocacy Committee
- Appellate Practice Committee
· Member, Second District Court of Appeal 50th Anniversary Committee, 2007
· Board of Trustees, Florida Supreme Court Historical Society, 2008-Present
· Board of Directors, Humane Society of Tampa Bay, Present
Awards & Recognition
· Listed, The Best Lawyers in America, Appellate Practice, 2013
· Team Member, a Law360 "Appellate Practice Group of the Year," 2010
Professional Experience
Significant Representations
· Mosaic Fertilizer, LLC v. Van Fleet International Airport Development Group, LLC, No. 11-15591, 2012 WL 3490904 (11th Cir. August 15, 2012): Obtained affirmance of summary judgment entered in favor of Mosaic Fertilizer, LLC, in which defendant sought damages in excess of $20 million based on claims arising out of an option to purchase real estate.
· Ferguson v. North Broward Hospital District, 478 Fed. Appx. 565 (11th Cir. 2012): Obtained affirmance of summary judgment entered in favor of North Broward Hospital District in which former employee asserted that his right to intermittent leave under the Family Medical Leave Act had been improperly denied.
· Sierra Club, Inc. v. United States Army Corps of Engineers, 422 Fed. Appx. 854 (11th Cir. 2011): Obtained vacation of preliminary injunction entered against intervenor Mosaic Fertilizer, LLC, which ceased its phosphate mining operations that had been authorized pursuant to a Clean Water Act permit issued by the United States Army Corps of Engineers.
· WrestleReunion, LLC v. Live Nation Television Holdings, Inc. (11th Circuit Court of Appeals, 2010): Obtained affirmance of final judgment entered after a two-week jury trial, in which plaintiff sought $22 million in damages arising from a grant of exclusive rights to market and distribute plaintiff's television programming.
· Webster v. Body Dynamics, Inc., 27 So. 3d 805 (Fla. 1st DCA 2010): Obtained affirmance of final judgment entered after a jury returned a defense verdict in a case involving serious permanent injuries suffered as a result of a stroke, which plaintiff contended was caused by his ingestion of dietary supplements containing ephedrine.
· Moore v. Fox Network (Orange Co. Cir. Ct. 2009): Member of defense team that defeated high-profile motion for temporary restraining order filed by college football fans seeking to compel Fox to renew re-broadcast agreement with Bright House cable network to air Sugar Bowl on New Year's Day.
· Mercedes Homes v. Colon, 966 So. 2d 10 (Fla. 5th DCA 2007): Obtained reversal of order denying arbitration.
· Mercedes Homes v. Rosario, 920 So. 2d 1254 (Fla. 2d DCA 2006): Obtained reversal of order denying arbitration.
· Successful representation of clients in obtaining writs of certiorari resulting from adverse discovery orders and other pre-trial orders. Akrey v. Kindred Nursing Centers East, LLC, 837 So. 2d 1142 (Fla. 2d DCA 2003) (obtained writ of certiorari quashing trial court's order disqualifying law firm); National Union Fire Ins. Co. of Pittsburgh, PA v. Florida Construction Commerce and Industry Self Insurers Fund, 720 So. 2d 535 (Fla. 2d DCA 1998) (obtained writ of certiorari quashing trial court's order that compelled production of documents after excess insurer made a sufficient showing that the documents may be protected under the work product doctrine).
· In re Methyl Tertiary Butyl-Ether ("MTBE") Products Liability Litigation, 209 F.R.D. 323 (S.D.N.Y. 2002): Member of defense team representing Exxon Mobil in multi-district litigation for purported MTBE ground water contamination in which injunctive relief sought in Florida alone exceeded $100 million. Prepared briefs on Florida law issues. Class certification was denied. (See Tampa Bay Review, August 30, 2002).
Publications & Presentations
Articles, Lectures & Publications
Articles
· "Navigating The New Florida Appellate Mediation Rules," Lawyer, Summer 2011
· "An Overview of Toxic Mold Litigation in Florida," Toxic Mold Litigation, Second Edition (Lawyers & Judges Publishing), 2009
· "Internal Investigations: An Overview of Practical Considerations for Counsel and Their Clients," The Environmental Litigator, Vol. 20, No. 3, Summer 2009
· "Practical Considerations For Certified Questions Of Great Public Importance," Lawyer, March 2009
· "Conducting An Internal Environmental Investigation: Considerations For Companies and Their Counsel," ABA Environmental Enforcement and Crimes Committee Newsletter, Vol. 10, No. 1, January 2009
· "Staying Execution of Money Judgments Pending Appeal," Lawyer, November 2007
· "Attorney-Client Privilege and Work Product: A Primer for Environmental Consultants," American Society of Safety Engineers Environmental Practice Specialty Newsletter - EnviroMentor, Vol. 4, No. 2, Winter 2005
· "The Evolving Duty to Preserve Evidence," American Bar Association Environmental Litigation Committee Newsletter, Fall 2005
· "Class Certification Denied in MTBE Gasoline Additive Litigation," Florida Specifier, October 2002
· "The MTBE Controversy," Lawyer, November 2001
· "The Responsible Corporate Officer Doctrine," Lawyer, October 2001
· "The Primary Jurisdiction Doctrine in Environmental Cases," Lawyer, June 2001
· "An Overview of Proposed Changes for the 2001 Legislative Session, Part II: Performance Based Permitting," Lawyer, May 2001
· "An Overview of Proposed Changes for the 2001 Legislative Session, Part I: Environmental Litigation Reform Act," Lawyer, April 2001
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