Jerry D. Hamilton

Jerry D. Hamilton

Partner

Contacts

305-379-3686
jhamilton@hamiltonmillerlaw.com
"And will you succeed? Yes, you will indeed! (98 and ¾ percent guaranteed)" - Dr. Seuss

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Jerry is a Board Certified Civil Trial Lawyer.  He has been nationally recognized as one of the Top Ten Defense Lawyers in the United States by one of the largest insurance companies in the world.  He is a Fellow of the Litigation Counsel of America, an invitation-only trial honorary society composed of less than one half percent of lawyers in The United States.

Jerry is also Board Certified in Maritime Law, has been recognized as a “Super Lawyer” by Law & Politics every year since 2006 and is named as one of Florida’s “Legal Elite” by Florida Trend.  In 2016, he was selected by the Dade County Bar Association as one of Miami’s top 10 trial lawyers to present in its annual Super Lawyers CLE Mock Trial and also received the Anthony G. Marshall Award as Hospitality Lawyer of the Year.  In 2017, he was a finalist  for the Council on Litigation Management’s (CLM) Professional Outside Counsel of the Year Award and also nominated by his peers in the Dade County Bar Association as a Legal Luminary.   

He has served as the Chair of the Civil Litigation Committee for the Dade County Bar Association and has been a Director for numerous years. He is AV® rated preeminent by Martindale Hubbell®.   He is also a member of the Federation of Defense & Corporate Counsel which limits its membership to slightly over 1400 members throughout the United States.

Currently, Jerry is a managing shareholder of  the international law firm of Hamilton, Miller & Birthisel, LLP,  which is consistently ranked among the top ten most diverse law firms in South Florida by the Daily Business Review.  It is one of the largest minority owned and certified international law firms in the country and boasts a 95% win ratio in trials. 

Jerry is a certified faculty member and instructor for CLM.   He frequently lectures at CLM’s Claims College and is on the faculty of the Litigation Management Institute which is designed to train lawyers and persons handling complex claims and litigation management issues.  Jerry is a regular speaker for Defense Research Institute, Hospitality Law Conference, Minority Corporate Counsel Association, Dade County Bar Association, on such topics as “Negligent Security”, “Financial, Legal and Compliance Challenges in the Lodging, Food and Beverage Industries”, “Evaluating Additional Insured Coverage and Contractual Indemnity Issues”, “Defending Claims of Negligent Response to a Medical Emergency”, “Crisis Management”, “How CCTV Has Changed the Landscape of Hospitality and Retail Litigation”, “Avoiding and Defending Bad Faith”, and “Advanced Strategies for Success in Mediation” to name a few.

For the past 25 years, Jerry has dedicated his practice to defending his clients in complex litigation matters, including business litigation and other commercial disputes, class actions, catastrophic personal injury, wrongful death, product liability claims, insurance coverage and bad faith disputes, legal, medical and professional malpractice claims, maritime disputes, hospitality and transportation claims. 

Experience

Notable Verdicts and Trial Experience

  • Obtained directed verdict, after third day of trial in federal court, where plaintiff sought damages in excess of seven figures from major U.S. retailer in premises liability claim.
  • Defense verdict in a traumatic brain injury case where plaintiff claimed $3 Million in damages from a blow to her head.
  • Defense verdict in Arbitration involving plaintiff who asserted a medical malpractice claim alleging her doctors failed to properly and timely diagnose her scleroderma.
  • Defense verdict after 1 week trial on $1 Million premises liability claim  More>
  • $1.4 Million Verdict for HM&B client after a 2 week federal trial in subrogation action on behalf of an Insurer, which was the full value of the claim paid by Insurer. Additionally, recovered all attorney’s fees and costs. More >
  • Prevailed on appeal of dismissal of entire complaint on claims of negligent response to medical emergency that resulted in alleged brain injury.  More >
  • Defense verdict where plaintiff was injured in a restaurant, had multiple neck surgeries and claimed she could no longer be gainfully employed. Plaintiff’s demand was $7 million.
  • Defense verdict in a Jones Act trial (standard of care is slight negligence), where plaintiff claimed that his work was unreasonably dangerous which led to a three level cervical fusion and resultant medical malpractice claim.  Plaintiff’s demand was $6 million.
  • Defense verdict in jury trial in medical malpractice case alleging unnecessary surgery and additionally, that neck surgeries fell below the standard of care.
  • Defense verdict on allegations of Unfair Trade Practices for Toyota distributor.
  • Verdict against product manufacturer in indemnification/contribution product liability case, where plaintiff lost substantial portion of arm. Also awarded attorney’s fees.
  • Verdict of $300 K which was considered a defense verdict for client, in anoxic brain damage case where plaintiff allegedly suffered brain injury on hotel property due to improper scuba instruction.
  • Tried personal injury case involving Captain who allegedly fell and suffered several herniated discs in neck. Demand was $3 Million and case settled on second day of trial for solely medical bills.
  • Summary Judgment on Punitive Damages for Atlantis Resort.   More >
  • Appeal Quashing a Trial Court’s Order Compelling the Insured’s Independent Counsel to Appear for Deposition More >
  • Summary judgment in claim put forth by medical doctor who suffered severe anoxic event from a cardio pulmonary event that alleged a negligent response to medical emergency. Plaintiff sought damages in the mid eight figure range. Additionally, argued case to the Third District Court of Appeals and the same was affirmed.
  • Argued multiple appeals in case involving jurisdiction, personal injury, and commercial litigation, with a 90% success rate on appeal.
  • Successfully handled numerous catastrophic cases, some involving mass torts, to satisfactory conclusion. One such case involved 16 claimants from a bus crash.  Injuries included paraplegia, vision loss, irreparable kidney damage, severe internal injuries, loss of fertility and a host of other injuries.

Recognition & Memberships

Recognition

  • Board-Certified in Civil Trial Law + Admiralty and Maritime Law, by the Florida Bar
  • AV Preeminent™ by Martindale-Hubbell®, the highest peer review rating possible
  • The Best Lawyers in America, Litigation-Insurance and Admiralty & Maritime Law, 2018
  • Honored as Top Ten Lawyer by AIG, 2010
  • Fellow, Litigation Counsel of America
  • Florida’s Legal Elite, Florida Trend
  • Florida Super Lawyer, Law & Politics, 2006-2017
  • Top Attorneys in Florida & America’s Most Honored Professionals, Personal Injury Defense, American Registry
  • Best of the Bar, South Florida Business Journal
  • Named as one of “100 Most Accomplished Blacks in Law” by ICABA
  • Top Lawyer, 2013 & 2016, South Florida Legal Guide
  • Recognized as the 2017 Superstar by Attorney at Law Magazine
  • Named as the 2014 Attorney of the Month by Attorney at Law Magazine

Memberships

  • International Association of Defense Counsel (IADC)
  • Federation of Defense & Corporate Counsel (FDCC) Litigation Counsel of America
    – Alternate Dispute Resolution Section
    – Class Action & Multidistrict Litigation
    – Intellectual Property
    – Life, Health & Disability
    – Professional Liability
    – Toxic Tort & Environmental Law
    – Appellate Law Section
    – Construction Law
    – Employment Practices & Workplace Liability
    – Healthcare Practice Section
    – International Practice Law
    – Premises & Security Liability
    – Property Insurance
    – Transportation
    – Civil Rights & Public Entity Liability
    – Insurance Coverage Section
    – Products Liability
    – Trial Tactics, Practice & Procedures
  • Defense Research Institute, Member
  • Council on Litigation Management (CLM)
  • National Association of Minority and Women Owned Law Firms (NAMWOLF)
  • National Bar Association, Commercial Law Section
  • Florida Restaurant and Lodging Association, Member
  • Academy of Hospitality Industry Attorneys (AHIA), Member
  • Caribbean Bar Association, Founding Member and Past President
  • International Council of Cruise Lines, Executive Member
  • Maritime Law Association, Proctor Member
  • Dade County Bar, Board of Directors 1998-2003, 2015-2017 Civil Litigation Committee

Education / Bar Admissions

J.D., with special citation, University of Florida College of Law
B.A., University of Miami

Florida, 1993
U.S. District Court for the Southern District of Florida
U.S. District Court for the Middle District of Florida
U.S. District Court for the Northern District of Florida
U.S. Supreme Court
Courts of Jamaica

Events

April 24, 2017, Speaker
Hospitality Law Conference
“Corporate Counsel Common Challenges Facilitated Discussion – Hotel & Restaurant”
April 20, 2017, Speaker
Minority Corporate Counsel Association (MCCA) General Counsel Summit
“Understanding the Differences: Litigation vs. ADR vs. Mediation, and When to Use one Over the Other”
March 30, 2017, Speaker
Council of Litigation Management (CLM) Annual Conference
“Prep or Be Prepped – Preparing for Corporate Representative Testimony”
September 15, 2016, Speaker
NAMWOLF Annual Conference
“Rainmaker Seminar – Emerging Leaders Session: The Art of Rainmaking: Do’s and Dont’s”
September 8, 2016, Speaker
2016 Council of Litigation Management (CLM) Conference
“School of Casualty Claims”
April 8, 2016, Speaker
Council of Litigation Management (CLM) Conference
“Negligent Security”
April 7, 2016, Moderator
Council of Litigation Management (CLM) Annual Conference
“CEOs’ Industry Perspectives – Opening Session”
February 22, 2016, Speaker
Hospitality Law Conference
“Financial, Legal and Compliance Challenges in the Lodging, Food and Beverage Industries”
February 19, 2016, Speaker
National Bar Association – Commercial Law Section
“The Rise & Decline: Understanding and Effectuating Your Ethical Responsibilities in the Advent of Technology Advancements”
September 11, 2015, Speaker
2015 Council of Litigation Management (CLM) Conference
“School of Casualty Claims”
May 15, 2015, Speaker
XL Catlin Offices, Exton, PA
“Evaluating Additional Insured Coverage and Contractual Indemnity Issues”
March 26, 2015, Speaker
2015 Council of Litigation Management (CLM) Conference
“Defending Claims of Negligent Response to a Medical Emergency”
February 26, 2015, Speaker
2015 National Bar Association CLS Conference
“Confidentiality and the Attorney-Client Privilege for Corporate Clients”
February 11, 2015, Speaker
2015 Hospitality Law Conference
“The 360 Degree Legal View of a Hospitality Catastrophe”
November 13, 2014, Speaker
Cruise Lines International Association Annual Leadership Forum
“Maritime Labour Convention and Personal Injury Litigation”
October 29, 2014, Speaker
Fort Lauderdale Mariners Club Annual Seminar
“Mitigation of Damages, Sue & Labor Clauses”
September 9, 2014, Instructor
Instructor, Claims and Litigation Management Alliance Claims College, School of Casualty Claims
“Litigation and Management Control”
June 11, 2014, Speaker
Claims and Litigation Management Alliance Transportation Conference
“Shipwrecked – The Use of Modern Technology in Maritime Losses”
February 21, 2014, Speaker
2014 National Bar Association Commercial Law Section Corporate Counsel Conference
“Crisis Management: Communicating with Clients, Management, and the Media during a Disaster”
February 12, 2014, Speaker & Panel Leader
2014 Hospitality Law Conference
“How CCTV Has Changed the Landscape of Hospitality and Retail Litigation”
October 25, 2013, Speaker
Liberty Mutual Insurance Continuing Education Program
“Avoiding and Defending Bad Faith”
May 22, 2013, Speaker
Tampa Bay Mariners Club Marine Industry Seminar
“Recent Developments in Maritime Law”
April 11, 2013, Speaker
2013 Claims and Litigation Management Alliance (CLM) Annual Conference
“Premises Liability – The Big Three: Premises Liability Problems (and how to fix them!)
February 11, 2013, Speaker
2013 Hospitality Law Conference
“Medical Emergencies at Your Hotel, Restaurant or Business”
November 14, 2012, Speaker
Cruise Lines International Association Leadership Forum 2012
“Drafting Rules of Arbitration”
October 16, 2012, Speaker
2012 Annual Conference for the National Association of Minority and Women-Owned Law Firms (NAMWOLF)
“Advanced Strategies for Success in Mediation”
October 1, 2012, Speaker
2012 Global Congress on Travel Risk Management
“Defining the Scope of Duty of Care Owed by Travel Management Companies and Other Travel Agents to Clients”
February 9, 2012, Speaker
2012 Hospitality Law Conference
“Medical Emergencies at Your Hotel, Restaurant or Business”
November, 2011, Speaker
Cruise Lines International Association Leadership Forum 2011
“Recent Developments in Shore Excursion Cases”
August 26-27, 2011, Speaker
2011 Global Congress on Travel Risk Management
“Common Issues and Solutions for Travel Safety and Security” and “Global Best Practices in Transportation Safety & Security”
March, 2011, Author
In-House Counsel Newsletter, Hospitality Lawyer
“Risk Management Review: Parking Lots and Garages”
November, 2010, Webinar Speaker
Hospitality Education for Liability Prevention Webinar Series
“Excursion and Beachfront Liabilities”
June, 2010, Author
In-House Counsel Newsletter, Hospitality Lawyer
“Reducing Hotel and Resort Liability for Pool Safety Negligence”