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Mercer K. Clarke

Listed in Best Lawyers since 2006

Clarke Silverglate, P.A.

Mr. Clarke is President and a founding principal of Clarke Silverglate, P.A. He specializes in defending product liability (emphasis on pharmaceutical and medical device), toxic tort and professional malpractice claims, as well as complex claims arising out of commercial and employment disputes involving a variety of factual and legal issues. Mr. Clarke has tried more than 100 cases in state and federal courts throughout the state of Florida, and has represented appellants and appellees in the Florida and federal appellate courts and the Florida Supreme Court. He is a past member of the Board of Directors of the International Association of Defense Counsel and has served as a faculty member at the IADC Trial Academy.Mr. Clarke grew up in Ormond Beach, Florida, and graduated from Episcopal High School in Alexandria, Virginia, in 1962. He attended college at Washington & Lee University, where he received a Bachelor of Arts degree in Economics. Upon graduation, he served for two years as an officer in the United States Army, and in 1968 enrolled at the University of Florida School of Law from which he graduated in 1970.Mr. Clarke then joined the Miami firm of Smathers & Thompson as an Associate, became a Partner in 1974, and a Senior Partner in 1980. When Smathers & Thompson merged with Kelley Drye & Warren in 1987, he became an Equity Partner with Kelley Drye & Warren. In 1993 he co-founded Clarke & Silverglate, P.A. Mr. Clarke is AV rated by Martindale-Hubbell. He is listed in The Best Lawyers in America in the areas of commercial and personal injury litigation and, along with the firm, in Chambers USA as one of the leading lawyers in Florida for business and product liability litigation. He has also been designated a Leading Florida Attorney in the specialties of Personal Injury Defense and Product Liability by Leading Attorney Network, Inc. He is annually ranked by his peers as one of the top attorneys in South Florida in the South Florida Legal Guide and has been named one of Florida’s Legal Elite by Florida Trend magazine. Mr. Clarke is also listed in Who’s Who in America.  He has served as Chair of the Drug, Device and Biotech Committee of the International Association of Defense Counsel and as a member of the Board of Directors of the Association. 

Case History

  • Felix v. Hoffmann La-Roche — Consolidated cases in which two infants were brain damaged and died after mothers took acne medication Accutane during pregnancy.  Summary judgment granted and the Florida Supreme Cout accepted certiorari holding for the first time in Florida that a product's warning of danger could be decide as a matter of law.
  • Kunzie v. GlaxoSmithKline — Anti-epileptic medication caused the death of the patient because of a hypersensitivity reaction.  Summary judgment granted on grounds that the warning was adequate and there was no genuine issue of fact that the medication's benefits outweighed its risks, even the risk of death.  Affirmed on appeal.  This wa the first time in Florida a court had held that Risk/benefit could be decided as a matter of law.

Locations

799 Brickell Plaza, Suite 900
Miami, FL 33131
Phone: 305-347-1556
Firm Phone: 305-377-0700

Practice Areas

  • Commercial Litigation (Civil Litigation, Complex Litigation, Construction, Defendants, Food and Drug, Large Case Litigation, Mass Disaster, Mass Tort, Product Liability, Securities)
  • Litigation - Construction
  • Personal Injury Litigation - Defendants (Catastrophic Injury, Civil Fraud, Civil Litigation, Mass Tort, Medical Malpractice, Premises Liability, Product Liability, Toxic Tort, Wrongful Death)
  • Product Liability Litigation - Defendants (Mass Tort, Medical Devices, Pharmaceutical, Tobacco, Toxic Tort)

Lawyer of the Year

Education

  • Washington and Lee University (BA) (1966)
  • University of Florida (J.D.) (1971)

Bar Admissions

  • The Florida Bar

Organizations & Affiliations

  • Florida Defense Lawyers Association — member, articles publisher, lecturer
  • American Bar Association — member
  • Defense Research Insititue — steering committee, Drug and Medical Device Committee
  • The Florida Bar — member
  • Dade County Defense Bar Association — past president
  • Product Liability Advisory Counsel — sustaining member
  • International Association of Defense Counsel — past board member and committee chair