Appellate Practice Criminal Defense: White-Collar Personal Injury Litigation - Defendants
Elliot H. Scherker
Recognized in Best Lawyers since 2001 Awarded Practice Areas
Biography
With more than 40 years of experience as an appellate lawyer, and more than 2,000 appeals in state and federal courts, Elliot brings a practical and client-centered approach to his work. Elliot's practice covers a wide range of substantive law, which enables him to counsel his clients on both their legal rights and structuring their transactions. He is the co-chair of the firm's National Appellate Practice Group.
Overview
- University of Miami School of Law, J.D., graduated 1975
- University of Miami School of Law, BA, graduated 1972
- Florida, The Florida Bar
- American Academy of Appellate Lawyers - Fellow
- American Bar Association - Member
- American Bar Foundation - Fellow
- American Law Institute - Member
- Baptist Health Founders Society - Member
- Florida, The Florida Bar
- American Academy of Appellate Lawyers - Fellow
- American Bar Association - Member
- American Bar Foundation - Fellow
- American Law Institute - Member
- Baptist Health Founders Society - Member
- University of Miami School of Law, J.D., graduated 1975
- University of Miami School of Law, BA, graduated 1972
Client Testimonials
Awards & Focus
Named "Lawyer of the Year" by Best Lawyers® for:
- Appellate Practice, Miami (2010)
Recognized in The Best Lawyers in America® 2026 for work in:
- Appellate Practice
- Criminal Defense: White-Collar
- Personal Injury Litigation - Defendants
Additional Areas of Practice:
- Personal Injury Litigation
Special Focus:
- Appellate
- Defendants
- White-Collar Criminal Defense
Awards:
- AV Preeminent® 5.0 out of 5
- Legal 500 United States, 2008
- "C. Clyde Atkins Civil Liberties Award," ACLU of Florida Greater, Miami Chapter, May 2009
- Law360 "Appellate Practice Group of the Year," 2010
- Daily Business Review, "Most Effective Lawyer Award," Appellate Category, 2010
- "Champions of Equality Award" (based on role in landmark Florida gay adoption case), SAVE DADE Foundation, May 2011
- Law360 "Product Liability Practice Group of the Year," 2011
- Florida Trend magazine – Appellate Litigation, 2004-2013 "Hall of Fame," 2013
- Florida Trend "Legal Elite," 2004-2012
- Super Lawyers magazine, Florida Super Lawyers, 2006-2013 "Top 100 Lawyers in Florida," 2011-2013
- Chambers USA Guide, Appellate Practice, 2003-2013
- South Florida Legal Guide, "Top Lawyers in South Florida," 2004-2014
News & Media
Case History
Cases
- Other Court Admissions
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Southern District of Florida
- Supreme Court of the United States
- Areas of Concentration
- Appellate practice
- Constitutional litigation
- Environmental and land use litigation
- White collar criminal defense
- Bankruptcy appeals
- Litigation trial support
- Securities litigation
- Significant Representations
- Represented Lorillard Tobacco Company on appeal from $145 billion judgment against the five largest tobacco companies in the United States, the largest damage award in American legal history, presented oral argument in both the Third District Court of Appeal and the Florida Supreme Court on behalf of all five companies.
- Represented BDO Seidman, LLP on appeal from $521 million judgment and secured reversal for new trial.
- Obtained reversal of $60 million punitive-damages judgments against former Arizona utilities commissioner in Ninth Circuit.
- Prevailed before Florida Supreme Court and Eleventh Circuit for Wachovia on bank's liability under fraudulent transfer statutes for transferring monies subsequently found to be fruits of fraudulent actions.
- Part 2
- Obtained forum non conveniens dismissal for Hilton International in major premises liability action, on appeal from order refusing to dismiss action.
- Represented Walt Disney Company on appeal from $240 million judgment.
- Represented Anheuser-Busch, Inc. on appeal from $74 million judgment.
- Represented Florida Marlins in upholding judgment approving public-private contract for development of new baseball stadium.
- Represented lessor against FDIC, prevailed on appeal in the Eleventh Circuit and obtained $16 million judgment.
- Prevailed before an en banc Florida appellate court for hotel client on question whether landowners or hotels are liable for accidents and drownings resulting from natural and ordinary risks occurring in bodies of water.
- Represented Dominicana Airlines in Eleventh Circuit and overturned default judgment under Foreign Sovereign Immunities Act.
- Overturned $8 million judgment against Brinks, Inc. in action by driver charged with theft, on post-trial in federal district court; upheld judgment on appeal in Eleventh Circuit.
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