Eric S. Kay

Prior to joining Kirkland, Eric was involved in the following representative matters:

• In re Champlain Towers South Collapse Litigation (Fla. 11th Cir. Ct.): Member of the team supporting Plaintiffs’ Co-Chair Lead Counsel in the civil litigation surrounding the June 2021 condominium collapse in Surfside, Florida. Obtained a $1.12 billion class settlement.
• Absolute Activist Value Master Fund Ltd. v. Devine (S. Ct.; 11th Cir.; M.D. Fla.; S.D.N.Y.): Represented Cayman Island hedge funds in post-dismissal disputes in civil RICO proceedings. Argued four consolidated appeals at the United States Court of Appeals for the Eleventh Circuit.
• Pujol Moreira v. Société Générale, S.A. (2d Cir.): Litigated appeals on behalf plaintiffs alleging that two large French banks violated the Helms-Burton Act, which creates a private cause of action against those who traffic in assets that were confiscated by the Cuban government.
• Vericker v. Powell (Fla.): Litigated appeal at the Florida Supreme Court presenting the question whether certiorari jurisdiction extends to appellate review of non-final orders denying a motion invoking Florida’s statute barring “SLAPP” suits designed to chill the exercise of free speech rights.
• District Board of Trustees of Miami Dade College v. Verdini (Fla. 3d DCA): Successfully defended one of the nation’s largest public colleges in a putative class action seeking a refund of fees paid by students while the college’s campuses were closed during the COVID-19 pandemic. Obtained reversal of denial of motion to dismiss. Coordinated statewide campaign that resulted in five amicus briefs in support of the college, including a brief signed by 36 Florida public colleges and universities.
• In re Application of Alta Trading et al. for Judicial Assistance Pursuant to 28 U.S.C. § 1782 (M.D. Fla.): Represented London-based oil trading company and related entities in foreign discovery proceedings pursuant to 28 U.S.C. § 1782 in advance of 12-week fraud trial against former management and others before the Commercial Court division of England’s High Court of Justice.
• Arch Insurance Co. v. Kubicki Draper, LLC (Fla.): Successfully represented an insurance company before the Florida Supreme Court in a case presenting the question whether an insurer has standing to maintain a malpractice action against counsel hired to represent the insured where the insurer has a duty to defend, an issue of first impression in Florida.
• Lopez-Brignoni v. Florida Department of Agriculture & Consumer Services (Fla. 3d DCA): Recognized as one of the Most Effective Appellate Attorneys of 2020 by the South Florida Daily Business Review for successfully representing a class of nearly 100,000 Miami-Dade County homeowners seeking full compensation for the taking and destruction of the class members’ citrus trees that occurred as a result of the Florida Department of Agriculture and Consumer Services’ Citrus Canker Eradication Program.
• Wilsonart, LLC v. Lopez (Fla.): Represented the Florida Justice Reform Institute and Florida Trucking Association as amici curiae before the Florida Supreme Court, advocating for adoption of the federal summary judgment standard in Florida.