Dennis P. Waggoner - Shareholder
Dennis is a Shareholder and the practice Chair of the firm’s Commercial Litigation Group. Dennis has represented clients — including Honeywell, Raytheon, Bloomin’ Brands, Raymond James, WebMD, and Koppers — in a variety of commercial litigation matters, including contract and corporate disputes, fraud claims, class actions, environmental disputes, antitrust claims, securities claims, and claims for patent infringement and theft of trade secrets. Over the past 30 years, Dennis has also defended more than 50 law firms in a variety of professional liability and ethics matters.
Dennis has tried cases to verdict in state and federal courts. He is a Fellow of the American College of Trial Lawyers, an invitation only organization that is limited to experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Dennis is regularly recognized in Chambers USA, which describes him as a "hard-working, extremely intelligent lawyer who thinks strategically" and whose "primary strength is his ability to simplify complex issues to allow for efficient and effective litigation." Dennis is listed in Best Lawyers in America, where he was recognized as the 2019 Lawyer of the Year for “Bet-the-Company Litigation” in Tampa Bay, in Florida Trend’s Legal Elite, and in Florida Super Lawyers, where he has been recognized as one of Florida’s Top 100 lawyers.
Dennis has experience in the appellate area as well, and has handled appeals before the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and Florida's District Courts of Appeal.
Dennis is active in various professional associations and serves on the Catholic Charities Board of Trustees for the Diocese of St. Petersburg. Dennis has been married to his wife Linda since 1983 and has three adult children. He enjoys sports, sailing, running, and reading.
Representative experience as counsel for:
- Honeywell International in a civil fraud case arising from the sale of a business unit. After a seven-week jury trial in which the plaintiff sought hundreds of millions of dollars in damages, the jury returned a complete defense verdict.
- OSI Restaurant Partners, Bain Capital, and Catterton Partners as lead trial counsel in a business dispute with the country’s largest Outback Steakhouse franchisee. The franchisee agreed to pay OSI $30 million after jury selection.
- WebMD as lead trial counsel in a business dispute involving trade secret and civil fraud claims. After a two-week jury trial in which the plaintiff sought more than $60 million dollars in damages, the jury returned a complete defense verdict.
- Koppers and Beazer East in a putative class action seeking damages for airborne contamination from a former wood-treatment facility. After a two-week evidentiary hearing on class certification and Daubert issues, the District Court denied class certification and struck a majority of plaintiffs’ expert witnesses.
- Raytheon in a putative class action seeking damages for groundwater contamination. After the Eleventh Circuit reversed a finding of class certification, the matter settled, with plaintiffs acknowledging a class could not be certified, that there were no threats to health posed by the Raytheon facility, and that there was no statistical evidence of diminution in property values.
- Icard Merrill as lead trial counsel in an eight-day jury trial for legal malpractice and breach of fiduciary duty brought by the FDIC, as successor to First Priority Bank. On appeal, the Eleventh Circuit reversed the jury’s verdict and judgment was entered in favor of Icard Merrill on all claims.
- Gerdau Ameristeel as lead trial counsel in successfully dismissing a putative class action brought by a shareholder who sought to enjoin the sale of Gerdau Ameristeel’s stock to Gerdau S.A.
- Wyndham Worldwide in a putative class action brought by hotel franchisees operating under the Wyndham family of lodging brands. Plaintiffs voluntarily dismissed all of their claims with prejudice prior to a ruling on class certification.
Court Admissions
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All Florida State Courts
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U.S. District Court, Northern District of Florida
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U.S. District Court, Southern District of Florida
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U.S. District Court, Middle District of Florida
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U.S. Court of Appeals, Eleventh Circuit
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United States Supreme Court
Professional Recognition
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AV Preeminent Rated by Martindale-Hubbell
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Best Lawyers in America (2006-2020)
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Chambers USA: America's Leading Lawyer (2007-2019)
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Florida Trend Legal Elite (2008-2010, 2012-2014, 2017, 2018)
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Florida Super Lawyers (2008-2019)
Published Decisions
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In Re Advanced Telecommunication Network, Inc.,
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In Re Advanced Telecommunication Network, Inc.,
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In re Advanced Telecommunication Network, Inc.,
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Kozel v. Kozel,
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Sundial Partners, Inc. v. Atlantic Street Capital Management LLC,
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Sundial Partners, Inc. v. Atlantic Street Capital Management LLC,
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In re Fundamental Long Term Care, Inc.,
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Lee-Bolton v. Koppers Inc.,
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Lee-Bolton v. Koppers Inc.,
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Sundial Partners, Inc. v. Atlantic Street Capital Management LLC,
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Lee-Bolton v. Koppers Inc.,
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Lee-Bolton v. Koppers Inc.,
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AAMP of Florida, Inc v. Automotive Data Solutions, Inc.,
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Lee-Bolton v. Koppers Inc.,
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Lee-Bolton v. Koppers Inc.,
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AAMP of Florida, Inc. v. Automotive Data Solutions, Inc.,
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Lee-Bolton v. Koppers Inc.,
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Lee-Bolton v. Koppers Inc.,
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In re Advanced Telecomunication Network, Inc.,
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In re Advanced Telecomunication Network, Inc.,
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In re Advanced Telecomunication Network, Inc.,
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In re Advanced Telecomunication Network, Inc.,
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22nd Century Group, Inc. v. Brink,
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F.D.I.C. v. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.,
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Palaxar Group, LLC v. Williams,
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In re Fundamental Long Term Care, Inc.,
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In re Advanced Telecommunication Network, Inc.,
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Biver v. Nicholas Financial, Inc.,
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In re Fundamental Long Term Care, Inc.,
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Biver V. Nicholas Financial, Inc.,
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Federal Deposit Ins. Corp v. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.,
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F.D.I.C. v. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.,
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F.D.I.C. v. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.,
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F.D.I.C. v. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.,
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AAMP of Florida, Inc. V. Audionics System, Inc. ,
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In re Advanced Telecommunication Network, Inc.,
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In re Advanced Telecommunication Network, Inc.,
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Crystal Photonics, Inc. V. Siemens Medical Solutions USA, Inc.,
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Miramar Inv., LLC. v. Preferred Income Partners IV, LLC,
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CITGO Petroleum Corp. v. Mid-State Energy, Inc.,
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Miramar Inv., LLC v. Preferred Income Partners IV, LLC,
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Toscano v. Glenn Rasmussen Fogarty & Hooker, P.A.,
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Lee-Bolton v. Koppers Inc.,
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Amar Shakti Enterprises, LLC v. Wyndham Worldwide, Inc.,
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American Torch Tip Co. v. Dykema Gossett PLLC,
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American Torch Tip Co. v. Dykema Gossett PLLC,
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Sher v. Raytheon Co.,
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Safari Ltd. v. Adonix Transcomm, Inc.,
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Sanborn v. Jagen PTY. Ltd.,
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Group Assets, LLC v. Fortress Inv. Group,
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Group Assests, LLC. v. Fortress Inv. Group,
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Sanborn v. Jagen Pty. Ltd.,
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Hines v. FiServ, Inc.,
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T-Bird Nevada, LLC v. OSI Restaurant Partners, LLC,
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Galligan v. Raytheon Co.,
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In re Baker,
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Sher v. Raytheon Co.,
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Galligan v. Raytheon Co.,
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Galligan v. Raytheon Co.,
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Grand Lodge of Pennsylvania v. Peters,
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Swartout v. Raytheon Co.,
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Sher v. Raytheon Co.,
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Swartout v. Raytheon Co.,
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Sher v. Raytheon Co.,
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Grand Lodge of Pennsylvania v. Peters,
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Grand Lodge of Pa. v. Peters,
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LynkUs Communications, Inc. v. WebMD Corp.,
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Emdeon Practice Services, Inc. v. Final Support, Inc.,
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Coates v. Akerman, Senterfitt & Eidson, P.A.,
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AlliedSignal Recovery Trust v. AlliedSignal, Inc.,
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Ubuy Holdings, Inc. v. Gladstone,
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Breed Technologies, Inc. v. AlliedSignal Inc.,
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Jacobs v. Home Depot U.S.A., Inc.,
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Ziemba v. Cascade Intern., Inc.,
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In re Gulf Coast Orthopedic Center-Alfred O. Bonati, M.D., P.A.,
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Hoch v. Rissman, Weisberg, Barrett,
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Somerset Pharmaceuticals, Inc. v. Kimball,
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Modder v. American Nat. Life Ins. Co. of Texas,
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Poe v. Hillsborough County,
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Modder v. American Nat. Life Ins. Co. of Texas,
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Lohr v. Medtronic, Inc.,
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Modder v. American Nat. Life Ins. Co. of Texas,
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Medtronic, Inc. v. Lohr,
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Lohr v. Medtronic, Inc.,
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In re Cascade Intern. Securities Litigation,
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K-Mart Corp. v. Lentini,
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Kupscznk v. Blasters, Inc.,
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In re Cascade Intern. Securities Litigation,
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Matter of Celotex Corp.,
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Matter of Celotex Corp.,
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Matter of Celotex Corp.,
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Matter of Celotex Corp.,
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Matter of Celotex Corp.,
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Bared and Co., Inc. v. Specialty Maintenance and Const., Inc.,
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Dunkin’ Donuts of America, Inc. v. Minerva, Inc.,
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Kirsch By and Through Kirsch v. Aetna Cas. & Sur. Co.,
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McLendon v. Smith,
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Mohn v. Automobile Ins. Co. of Hartford,
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Mellon Bank, N.A. v. Gateway, Ltd., By and Through Penner,
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Phoenix Ins. Co. v. Florida Farm Bureau Mut. Ins. Co.,
Publications & Presentations
- “Ethics Roundtable – Conflicts, Referral Fees, and Professionalism.” Speaker, University of Miami’s 2017 Professional Liability Symposium.
- “The Right Expert: How Hard Can It Be?” Speaker, ABA’s Fall 2015 National Legal Malpractice Conference.
- “Complex Damages Issues in Legal Malpractice Cases.” Speaker, ABA’s Spring 2014 National Legal Malpractice Conference.
- “Attorney Liability for Funds Held in Trust – The Mere Conduit Doctrine.” Co-Author, with Tori Simmons. ABA’s Spring 2014 National Legal Malpractice Conference.
- “Selected Set-Off Issues in Legal Malpractice Actions.” Co-Author, with Andrew Peluso. ABA’s Spring 2014 National Legal Malpractice Conference.
- "In Defense of Professionals- Guidance on Evidentiary Issues and the Use of Experts in Professional Liability Claims and Related Ethical Considerations." Speaker, The Florida Bar's 2013 Topics in Evidence Seminar.
- "Recent Developments in Business Litigation." Speaker, The Florida Bar's 2011 Trial Lawyers Summit.
- "Trial Skills - Cross of an Expert." Moderator, ABA's Spring 2009 National Legal Malpractice Conference.
- "Winning Technologies for Today's Litigator." Speaker, ABA's Fall 2006 National Legal Malpractice Conference.
- "The Anatomy of Legal Malpractice Claims." Speaker, The Florida Bar's 2006 Annual Meeting.
- Speaker at The Florida Bar's Practicing with Professionalism Seminar (2003-2005)