Kevin P. McCoy
Kevin McCoy is an experienced trial lawyer handling complex commercial litigation and civil cases. He has handled cases involving business divorces, civil RICO claims, qui tam whistleblower claims, defense of non-compete agreements, breach of contract actions (including UCC disputes), commercial evictions, tortious interference, breach of fiduciary duty, negligence, and complex insurance coverage disputes.
Mr. McCoy is counsel to the largest vendor of red light traffic safety systems in the United States. In that capacity, he develops and implements legal strategies defending challenges to red light safety systems at the state and federal level. He is currently serving as counsel in multiple cases in the state trial and appellate courts. He is also trial counsel in several federal putative class actions challenging the use of automated red light safety technology in the state of Florida.
Mr. McCoy also has significant experience litigating products liability and toxic tort cases for clients in the tobacco and asbestos industries. This experience includes managing mass tort litigation across multiple jurisdictions, developing trial themes, and taking discovery of fact and expert witnesses. Mr. McCoy handles a substantial number of cases on behalf of Union Carbide Corporation throughout the state of Florida.
Mr. McCoy handles cases in all phases of litigation, from early negotiated resolutions through bench and jury trials and appellate review.
- Lead counsel in five day jury trial resulting in verdict for client and final judgment in excess of $200,000.
- Co-lead trial counsel in three day bench trial resulting in final judgment of over $699,000, which included a determination that the client was the prevailing party entitled to the recovery of its attorneys’ fees and costs in addition to the sums awarded in the judgment.
- Lead counsel in jury trial resulting in verdict for contract damages in excess of $50,000 on behalf of client.
- Obtained summary judgment in favor of national insurer against $24 million in claims by insured for D&O coverage for investigation costs associated with a federal securities investigation.
- Lead counsel obtaining dismissal with prejudice of millions of dollars in state qui tam whistleblower claims against corporation and individual officers of company.
- Obtained winning arbitration decision in favor of minority business owner in business divorce that permitted owner to oust majority owners and regain control of business.
- Obtained a dismissal with prejudice of a federal civil RICO Act claim and pendant state law claims in which the Plaintiff sought $1.5 million in damages.
- Obtained a favorable judgment following bench trial for a home builder franchisor in its prosecution of misappropriation of trade secrets claims, including a determination that the client was the prevailing party entitled to recover attorneys’ fees.
- Represented one of the “big-three” tobacco manufacturers in its defense of post-Engle claims pending in jurisdictions throughout Florida.
- Obtained dismissal with prejudice of Florida Deceptive and Unfair Trade Practices Act claims, Florida RICO Act claims, and mortgage foreclosure related claims on behalf of an institutional lender.
- Obtained a dismissal with prejudice of a multi-count complaint seeking substantial damages against institutional lender client. Defended the result on appeal resulting in a PCA from the appellate court.
- Burr v. Philip Morris USA, Inc. et al., 2012 WL 5290164 (M.D. Fla. 2012)
- Riley v. Wells Fargo Bank, N.A., 2013 WL 6818242 (Fla. 2d DCA 2013)
- Office Depot, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, 734 F. Supp. 2d 1304 (S.D. Fla. 2010), aff’d 2011 WL 4840951 (11th Cir. Oct. 13, 2011). Summary judgment in favor of insurer on insured’s claims of over $24 million in investigation costs.
- Harry & David v. J & P Acquisition et al., 2009 WL 4892296 (D. Or. Dec. 17, 2009) (dismissing claims against corporate principals for lack of personal jurisdiction).
- Merritt v. Lake Jovita Homeowner’s Assoc. et al., 2010 WL 627531 (M.D. Fla. Feb. 23, 2010) (awarding appellate attorneys’ fees in favor of clients for their defense of a frivolous appeal).
Mr. McCoy dedicates a significant amount of time each year to helping deserving clients with their legal matters on a pro bono basis.
He also serves on the Board of Bay Area Legal Services and is presently the Chair-Elect.
- AV Rated by Martindale-Hubbell
- Selected for inclusion in Florida Super Lawyers Rising Stars (2011-2015)
- Received the 2010 Bay Area Volunteer Lawyers Program award for “Outstanding Pro Bono Service By A Young Lawyer”
- Recognized by the Tampa Bay Business Journal as a 2009 “Up and Comer”
- The Florida Bar
13th Judicial Circuit Grievance Committee, Attorney Member
- Hillsborough County Bar Association, Young Lawyer’s Division
- J. Clifford Cheatwood American Inn of Court, Member (2010-2012)
- American Bar Association, Member
- Bay Area Legal Services
Board of Directors, Secretary (2012-2014)
- Defense Research Institute, Member
- Florida Blue Key, Member
- DLA Piper LLP (US) (Tampa, FL)