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Overview

David T. Coulter is an Associate in the litigation department. He earned his J.D., summa cum laude, from the University of Miami School of Law.

Before joining the firm, David was a law clerk to the Honorable William J. Zloch, United States District Court for the Southern District of Florida. During law school, David was a legal intern to the Honorable John J. O’Sullivan, United States District Court for the Southern District of Florida and the Honorable Ivan F. Fernandez, Florida Third District Court of Appeal.

Representative Experience

  • Represented Flagstone Island Gardens LLC and Flagstone Development Corporation in a suit against the City of Miami in connection with Flagstone’s right to develop and lease a $1.2 billion mixed-used hotel, retail and marina project on Watson Island. Flagstone won the bid to develop in 2001 and subsequently obtained financing. However the market crash in 2007 caused investors to walk out on the project. In 2010, the City and Flagstone amended the agreement to include longer time periods to commence and complete development in phases. Throughout this period, a group of community activists opposed to the project started a campaign to block the project, filing a lawsuit to block its development for alleged violations of the City Charter and submitting numerous letters to city officials. Building permits that should have been granted were stalled and the City Commission, led by Commissioner Russell, declared Flagstone in default. Flagstone sued to declare that there was no default and seek damages for the City’s breach of the agreements. The case was bifurcated between liability and damages.  After a 7-day bench trial on liability, Judge William Thomas entered a 27-page order finding against the City and in favor of Flagstone on every disputed issue. In regards to the remedies phase, our team achieved a settlement allowing Flagstone to recover all of its fees and costs of about $5 million, an additional $5 million for other expenses and an additional $10 million over time. Additionally, the City accepted development agreements providing substantial economic value. Finally, our team obtained the prompt dismissal with prejudice of the community activists’ complaint against Flagstone, which was affirmed by the Third District Court of Appeal.
  • Represented Cleveland Clinic Florida (“CCF”) and Cleveland Clinic Hospital (“CCH”) at trial in the United States District Court Southern District of Florida.    The Plaintiff alleged that CCF, through its employed emergency medicine physician, and CCH, committed medical malpractice in failing to diagnose, treat, and admit the patient to the hospital for an abdominal infection thus leading to multiple surgeries and permanent scarring.   The Plaintiff sought damages in excess of $2,000,000.  The trial lasted six days (with deliberations briefly spilling over to a seventh day). CCH’s motion was granted for directed verdict at the close of our case in chief.  The jury subsequently returned a verdict in favor of the remaining Defendant, CCF.   The jury took less than three hours total to deliberate before finding the CCF’s emergency room physician met the standard of care in all regards as it related to the Plaintiff’s medical care.

Judicial Clerkships

  • Law Clerk, Honorable William J. Zloch, United States District Court for the Southern District of Florida
  • Judicial Intern, Honorable John J. O’Sullivan, United States District Court for the Southern District of Florida
  • Judicial Intern, Honorable Ivan F. Fernandez, Florida Third District Court of Appeal

Professional & Community Involvement

  •  Charles C. Papy, Jr. Moot Court Board, Alumni Advisory Board

Recognition

  • Dean’s Merit Scholarship
  • Falk, Waas, Hernandez, Cortina Scholarship
  • Karl N. Llewellyn Scholarship
  • M. Minnitte Massey Award, 2016
  • Patricia Redmond Scholarship
  • Paul B. Anton Scholarship
  • Thomas Ewald Memorial Award, 2015
  • Who’s Who in American Universities and Colleges, 2015

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