AA Jerry D. Hamilton - Hamilton Miller & Birthisel

partner

Jerry D. Hamilton

partner

Jerry D. Hamilton

jhamilton@hamiltonmillerlaw.com

phone

305-379-3686

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jhamilton@hamiltonmillerlaw.com

phone

305-379-3686

download vCard

Click Here

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. He has been selected as one of America’s Top 100 High Stakes Litigators®— this is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. He was selected as “Lawyer of the Year” for 2022 by Best Lawyers. He is frequently brought in as lead trial counsel in cases throughout the country, and has handled cases as trial counsel in California, Texas, South Carolina, Arkansas, Georgia, New York, and the Virgin Islands, just to name a few.

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. 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. 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 the largest black owned firm in the country and boasts a 80% win ratio in trials. He is the proud recipient of the Ted Klein Award from the Miami-Dade Florida Association of Women Lawyers (MDFAWL) for constantly being a proponent for advancing women’s issues in the profession.

Jerry is a certified faculty member and instructor for Council on Litigation Management. He currently serves on their Anti-Nuclear Verdict Taskforce. 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, 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 30 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.

HONORS

PRACTICE AREAS

Admiralty and Maritime Claims
Transportation
Insurance Defense
Commercial Litigation
Personal Injury and Wrongful Death Defense
Medical and Professional Malpractice Defense
Property and Casualty
Complex Business Disputes
Products Liability
Professional Liability

Education

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

B.A., University of Miami

Jerry is a Board Certified Civil Trial Lawyer. Since practicing law, he has tirelessly fought for truth and justice to ensure everyone had the fair opportunity in our justice system. Too often he sees people abuse and use our courts for unjustified claims and he is passionate about not allowing them to take advantage of our system of laws. However, when a case has merit he will resolve them quick and fairly without going to court. Currently, Jerry is a managing partner of Hamilton, Miller & Birthisel, LLP. For the past 25 years, he has handled complex litigation matters, including business litigation and other commercial disputes, class actions, personal injury, wrongful death, and product liability claims.

He loves coaching his daughter’s soccer team and enjoys playing tennis with his son.

PRACTICE AREAS

Education

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

B.A., University of Miami

Experience

Responsible for handling litigation of the sinking of a U.S. cargo ship with 33 lives lost, deemed the worst maritime shipping disaster in over 35 years. Settled all fatality lawsuits and over 600 cargo claims within 22 months.
Defense verdict in favor of a major retailer after a jury determined that the retailer did not have actual or constructive notice of the oily spill on which the customer slipped, it owed no duty to warn her of the condition, and the incident was not foreseeable.
Defense verdict in a case where liability was admitted by retailer client and case was tried on causation.
Defense verdict in case involving claim for Jones Act negligence and Unseaworthiness where crew member alleged injuries resulting from fall down stairs due to broken water main.
Defense verdict where plaintiff was injured in a restaurant, had multiple neck surgeries and claimed she could no longer be gainfully employed.
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.
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.
Defense verdict for client, in anoxic brain damage case where plaintiff allegedly suffered brain injury on hotel property due to improper scuba instruction.
Defense verdict in a traumatic brain injury case where plaintiff claimed damages from a blow to her head.
Defense verdict in Negligent Security case where plaintiff claimed allegedly being attacked by employees.
Defense verdict after 1 week trial on premises liability claim.
Defense verdict in Arbitration involving plaintiff who asserted a medical malpractice claim alleging her doctors failed to properly and timely diagnose her scleroderma.
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.
Prevailed on appeal of dismissal of entire complaint on claims of negligent response to medical emergency that resulted in alleged brain injury. More >
Directed verdict, after third day of trial in federal court, where plaintiff sought damages from major U.S. retailer in premises liability claim.
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.
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. 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.
Lead trial lawyer on multiple catastrophic trucking cases in Florida, California and Texas.
Lead trial lawyer for the defense in a passenger bus accident involving 11 deaths and 28 injuries. All cases brought to conclusion within less than 24 months and a significant recovery in an indemnity action.
Lead trial lawyer in civil and limitation actions for the owners of the El Faro which involved the loss of 33 lives and the sinking of the vessel in hurricane Joaquin.
Trial lawyer for BP Deepwater Horizon BELO Claims

Recognition

Top 250 Power Leaders: South Florida Business Journal, 2024
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 – 2024
The Best Lawyers in America, Product Liability Litigation – Defendants, 2023 – 2024
Florida Super Lawyer, Personal Injury General: Defense, 2006 – 2023
The Best Lawyers in America, Lawyer of the Year in Admiralty and Maritime Law, 2022
South Florida Business Wealth’s CEO Diversity Champion APOGEE Honoree, 2022
Top 100: Miami Super Lawyers: 2018 – 2021
Top 100: Florida Super Lawyers: 2019 – 2021
Honored as Top Ten Lawyer by AIG, 2010
Fellow, Litigation Counsel of America
Florida’s Legal Elite, Florida Trend
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
Recipient of the Ted Klein Award from the Miami-Dade Florida Association of Women Lawyers (MDFAWL)Recognized as the 2017 Superstar by Attorney at Law Magazin
Named as the 2014 Attorney of the Month by Attorney at Law Magazine
Top Lawyer, 2013 & 2016, South Florida Legal Guide

Memberships

The Spellman-Hoeveler American Inns of Court, 2018-2019
International Association of Defense Counsel (IADC)
Trucking Industry Defense Association (TIDA)
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

Admissions

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

Publications

May 19, 2023 | Defeating Runaway Verdicts – The Use of Technology In and Out of the Courtroom | ALM law.com

February 17, 2023 | Closing Statements – Closing the Possibility of a Runaway Verdict Against Your Client | ALM law.com

December 21, 2022 | Defeating Runaway Verdicts – Humanizing the Corporate Defendant | ALM law.com

November 10, 2022 | Tips and Strategies to Avoid Runaway Verdicts | ALM law.com

September 8, 2022 | Nuclear Verdicts: Strategies Defendants Should Employ to Combat a Defendant’s Worst Fear | ALM law.com

Presentations

“Chopped for CHOP” | June 2023, Competitor and Defending Champion | Magna Legal Services’ Annual Competitive Mock Trial Conference

“Runaway Verdicts – How to Prevent, Mitigate and Stop the Madness” | Keynote Speaker June 2, 2023 | Missouri Organization of Defense Lawyers

“Negligent Security: Seeing it from two Perspectives” | March 2023, Speaker | NRRDA Annual Conference

“Runaway Verdicts – Do’s and Don’ts.” | February 29, 2023, Speaker | ALM PropertyCasualty360 Complex Claims & Litigation Forum

“Damages Anchoring -Strategies for Preventing Nuclear Verdicts” | January 5, 2023, Moderator | The Tampa Magna Legal Services’ CLE Seminar & Networking Reception

“Preventing Nuclear Verdicts” | October 2022, Speaker | CLM Alliance Trial Academy

“Defusing Nuclear Verdicts” | October 2022, Speaker | ClaimsXChange Annual Conference

“Chopped for CHOP” | June 2022, Mock Trial Competitor & Champion | Magna Legal Services’ Annual Competitive Mock Trial Conference

“Combating Nuclear Verdicts” | April 2022, Speaker | CLM Task Force on Nuclear Verdicts

“Defending Against the Reptile Theory” | October, 2021 | NAMWOLF Annual Meeting

“The New and Improved Defense Playbook — A Fresh Look to Combat Nuclear Verdicts ” | March 19, 2020, Speaker | The CLM Way Special Day of Learning

“General Counsel Roundtable ” | February, 2020, Moderator | National Bar Association Commercial Law Section Corporate Counsel Conference

“Shark Tank: Sink or Swim at Trial ” | September 24, 2019, Speaker | NAMWOLF Annual Conference

“Defending Against the Reptilian Theory to Avoid Extra Contractual Damages in Cases Involving Catastrophic Injuries” | March 15, 2018, Speaker | CLM Annual Conference

“Corporate Counsel Common Challenges Facilitated Discussion – Hotel & Restaurant” | April 24, 2017, Speaker | Hospitality Law Conference

“Understanding the Differences: Litigation vs. ADR vs. Mediation, and When to Use one Over the Other” | April 20, 2017, Speaker | Minority Corporate Counsel Association (MCCA) General Counsel Summit

“Prep or Be Prepped – Preparing for Corporate Representative Testimony” | March 30, 2017, Speaker | Council of Litigation Management (CLM) Annual Conference

“Rainmaker Seminar – Emerging Leaders Session: The Art of Rainmaking: Do’s and Dont’s” | September 15, 2016, Speaker | NAMWOLF Annual Conference

“School of Casualty Claims” | September 8, 2016, Speaker | 2016 Council of Litigation Management (CLM) Conference

“Negligent Security” | April 8, 2016, Speaker | Council of Litigation Management (CLM) Conference

“CEOs’ Industry Perspectives – Opening Session” | April 7, 2016, Moderator | Council of Litigation Management (CLM) Annual Conference

“Financial, Legal and Compliance Challenges in the Lodging, Food and Beverage Industries” | February 22, 2016, Speaker | Hospitality Law Conference

“The Rise & Decline: Understanding and Effectuating Your Ethical Responsibilities in the Advent of Technology Advancements” | February 19, 2016, Speaker | National Bar Association – Commercial Law Section

“School of Casualty Claims” | September 11, 2015, Speaker | 2015 Council of Litigation Management (CLM) Conference

“Evaluating Additional Insured Coverage and Contractual Indemnity Issues” | May 15, 2015, Speaker | XL Catlin Offices, Exton, PA

“Defending Claims of Negligent Response to a Medical Emergency” | March 26, 2015, Speaker | 2015 Council of Litigation Management (CLM) Conference

“Confidentiality and the Attorney-Client Privilege for Corporate Clients” | February 26, 2015, Speaker | 2015 National Bar Association CLS Conference

“The 360 Degree Legal View of a Hospitality Catastrophe” | February 11, 2015, Speaker | 2015 Hospitality Law Conference

“Maritime Labour Convention and Personal Injury Litigation” | November 13, 2014, Speaker | Cruise Lines International Association Annual Leadership Forum

“Mitigation of Damages, Sue & Labor Clauses” | October 29, 2014, Speaker | Fort Lauderdale Mariners Club Annual Seminar

“Litigation and Management Control” | September 9, 2014, Instructor | Instructor, Claims and Litigation Management Alliance Claims College, School of Casualty Claims

“Shipwrecked – The Use of Modern Technology in Maritime Losses” | June 11, 2014, Speaker | Claims and Litigation Management Alliance Transportation Conference

“Crisis Management: Communicating with Clients, Management, and the Media during a Disaster” | February 21, 2014, Speaker | 2014 National Bar Association Commercial Law Section Corporate Counsel Conference

“How CCTV Has Changed the Landscape of Hospitality and Retail Litigation” | February 12, 2014, Speaker & Panel Leader | 2014 Hospitality Law Conference

“Avoiding and Defending Bad Faith” | October 25, 2013, Speaker | Liberty Mutual Insurance Continuing Education Program

“Recent Developments in Maritime Law” | May 22, 2013, Speaker | Tampa Bay Mariners Club Marine Industry Seminar

“Premises Liability – The Big Three: Premises Liability Problems (and how to fix them!) | April 11, 2013, Speaker | 2013 Claims and Litigation Management Alliance (CLM) Annual Conference

“Medical Emergencies at Your Hotel, Restaurant or Business” | February 11, 2013, Speaker | 2013 Hospitality Law Conference

“Drafting Rules of Arbitration” | November 14, 2012, Speaker | Cruise Lines International Association Leadership Forum 2012

“Advanced Strategies for Success in Mediation” | October 16, 2012, Speaker | 2012 Annual Conference for the National Association of Minority and Women-Owned Law Firms (NAMWOLF)

“Defining the Scope of Duty of Care Owed by Travel Management Companies and Other Travel Agents to Clients” | October 1, 2012, Speaker | 2012 Global Congress on Travel Risk Management

“Medical Emergencies at Your Hotel, Restaurant or Business” | February 9, 2012, Speaker | 2012 Hospitality Law Conference

“Recent Developments in Shore Excursion Cases” | November, 2011, Speaker | Cruise Lines International Association Leadership Forum 2011

“Common Issues and Solutions for Travel Safety and Security” and “Global Best Practices in Transportation Safety & Security” | August 26-27, 2011, Speaker | 2011 Global Congress on Travel Risk Management

“Risk Management Review: Parking Lots and Garages” | March, 2011, Author | In-House Counsel Newsletter, Hospitality Lawyer

“Excursion and Beachfront Liabilities” | November, 2010, Webinar Speaker | Hospitality Education for Liability Prevention Webinar Series

“Reducing Hotel and Resort Liability for Pool Safety Negligence”