 | Larry S. Stewart
Stewart Tilghman Fox & Bianchi
One Southeast Third Avenue, Suite 3000
Miami, FL 33131
305-358-6644 (firm)
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EDITORIAL REVIEW
One of the fiercest Sunshine State consumer advocates,
Stewart has earned more than 50 verdicts
and settlements in excess of $1M.
—2008 Lawdragon 500 Leading Lawyers in America
Stewart's skill in automobile insurance disputes, products liability and medical malpractice suits commands widespread respect.
— Lawdragon,
January 2008
Not only did
Stewart represent three families shattered by Sept. 11, he led efforts to form the largest
pro bono group in history resulting in 1,100-plus lawyers representing 1,700
9/11 families.
— Lawdragon,
February 2007
Stewart's 40-plus years in practice has focused on personal injury cases, as well as product liability and medical malpractice. In 2001, he became the first president and chief executive officer of Trial Lawyers Care, a national pro bono program for the victims of Sept. 11, which has provided more than $200 million of legal services. This attorney is a member of the prestigious International Academy of Trial Lawyers.
— Lawdragon,
October 2005
Submit your evaluation of this attorney. Contact Lawdragon about the information in this review. Larry Stewart has over 40 years of experience as a trial lawyer, handling cases throughout Florida and many other states,
such as California, Louisiana, Maryland, New Mexico, Ohio and Texas. His practice focuses on catastrophic injuries,
particularly victims of defective products and medical malpractice. Additionally, he has tried many other types of cases
including libel, construction claims, commercial disputes and other non-personal injury cases. Highlights of his career
include over fifty verdicts or settlements of a million-dollars or more and many precedent-setting appellate opinions.
Larry Stewart is also nationally known as an advocate of consumer and individual rights. He has testified before Congress
and state legislatures on legal reform issues. He has frequently appeared on radio and television shows. His television
appearances include all the major networks including shows such as Crossfire, Nightline and Hardball, as
well as many local programs. He has also been a frequent guest on both national and local talk-radio shows.
Larry Stewart is also a nationally recognized legal expert, having been named to academic conferences on topics such as
automobile insurance, products liability and medical malpractice. He has been selected for membership in the American Law
Institute where he has served as a special consultant to its tort law projects and is on the Board of Overseers for the RAND
Institute for Civil Justice. Larry Stewart also serves on the Florida Supreme Court Committee on Standard Jury Instructions
in Civil Cases. Additionally, he has testified as an expert witness in legal malpractice and bad faith insurance cases. He
has also been a frequent lecturer at continuing education programs throughout the United States and has authored numerous
professional articles.
As a result of his trial accomplishments, Larry Stewart has been selected for membership in all five of the leading national
professional trial lawyer organizations: The American College of Trial Lawyers, The American Board of Trial Advocates, The
International Academy of Trial Lawyers, The International Society of Barristers and The Inner Circle of Advocates. He is also
listed in "Best Lawyers in America" and the "Who's Who" series of publications and is certified by The Florida Bar and the
National Board of Trial Advocacy as a civil trial advocate.
Larry Stewart served as the first President and CEO of Trial Lawyers Care, Inc, the national pro bono program for victims of
the September 11th terrorist attacks. In that capacity he oversaw the creation of and directed the largest pro bono program
in history, delivering free legal services to thousands of victims and victim's families. The work of Trial Lawyers Care has
been recognized with a 2001 Pro Bono award from the National Law Journal; the 2002 Associations Advance America Honor Roll
Award from the American Society of Association Executives; a Distinguished Service Award from the ABA Standing Committee on
Legal Assistance For Military Personnel; and the 2002 Civil Justice Award from the Maryland Trial Lawyers Association.
Larry Stewart has been recognized for his work with Trial Lawyers Care by the The Florida Bar's 2002 G. Kirk Hass
Humanitarian Award.
Larry Stewart is also active in a number of professional organizations. He has served as President of the Association of
Trial Lawyers of America (ATLA) in 1994-95 and was on its Executive Committee for six years and its Board of Governors for 11
years. Within ATLA, Stewart has served in a number of capacities ranging from CLE (National College of Advocacy Board of
Trustees 1989 1993) to ethics (Ethical Conduct Committee 1988 1989 and Chair, Ethics Committee 1989 1990 where he lead the
drafting and implementation of ATLA's Code of Conduct) to Section and Litigation group organization and development (Chair Ad
Hoc Committee on Section Roles 1989 1990 and Co-Chair Section and Litigation Group Coordinating Council 1992 1993). He has
also served as chair of ATLA Pac, Co-Chair of the ATLA Endowment, Co-Chair of the ATLA List Committee and Co-Chair of the
Public Affairs Committee.
In 1999-2001, Larry Stewart served as President of the Roscoe Pound Institute, where he lead the reorganization of the
Institute into an academic think tank for civil justice issues. He is also a Lifetime Fellow of the Institute.
Larry Stewart is an active member of the Academy of Florida Trial Lawyers (AFTL) and served as its President in 1978-79 and
on the Board of Directors for 21 years. Additionally, he has been active in The Florida Bar and is a former chair of its
Trial Lawyers Section and formerly served on the Board of Governors of the International Academy of Trial Lawyers.
Larry Stewart has been recognized on numerous occasions for his professional activities and accomplishments. He has received
the highest award given by the Association of Trial Lawyers of American, the Academy of Florida Trial Lawyers and FLABOTA: in
2002 he received the ATLA Champion of Justice award; in 1995 he received the AFTL Perry Nichols Award and in 1993 he received
the FLABOTA Florida Trial Lawyer of the Year award. In addition he received the AFTL President's Award in 1980 and the AFTL
A. J. Cone Lifetime Achievement Award in 1992. In 1994 he received the ATLA New Lawyers Section Joe Tonahill award. And in
1983 and 1989, Trial Lawyers for Public Justice selected him for honorable mention as Trial Lawyer of the Year.
Larry Stewart attended the University of Florida for both undergraduate and law school. In undergraduate school he was active
in student government and Florida Blue Key. He graduated from law school with honors and as the number one graduate in his
class. Law school honors included Order of the Coif, Law Review and Moot Court.
Areas of Practice:
- Admiralty & Maritime Law
- Aviation
- Business & Commercial Law
- Contracts
- Health & Health Care Law
- Legal Malpractice
- Litigation & Appeals
- Medical Malpractice Law
- Motor Vehicle Accidents -- Plaintiff
- Nursing Home
- Personal Injury -- Plaintiff
- Products Liability Law
- Professional Malpractice Law
- Toxic Torts
Litigation Percentage:
100% of Practice Devoted to Litigation
Certification/Specialties:
Civil Trial Advocacy, The Florida Bar and the National Board of Trial Advocacy, 1983
Bar Admissions:
- Florida, 1963
- U.S. Supreme Court, 1967
- U.S. Court of Appeals 5th Circuit, 1965
- U.S. Court of Appeals 11th Circuit, 1981
- U.S. Court of Appeals 4th Circuit, 1990
- U.S. District Court Southern District of Florida, 1963
- U.S. District Court Middle District of Florida, 1963
Education:
University of Florida College of Law, Gainesville, Florida, 1963
Honors: Order of the Coif
Honors: University of Florida Moot Court Team
Honors: Florida Bar Moot Court Competition, Best Brief 1963
Honors: John Marshall Student Bar Association, President
Honors: American Law Students Association, Vice President Fifth Circuit
Honors: Alumnus Profile, Univ. of Florida Lawyer, Spring 1995
Law Review: University of Florida Law Review, Executive Editor
University of Florida, 1960
B.A.
Published Works:
"The Case of the Pre-Natal Injury", 15 Univ. F. L. Rev. 527, 1962
"The Duty of Obtaining Medical Consent", Florida Bar Journal, Oct., Vol. 48, No. 8, p. 614, 1974
"Do We Really Want A Managed Bar", Florida Bar Journal, February, Vol. L, No. 2, 1976
Chapter "General Principles", Florida Civil Practice Damage, Published by the Florida Bar 1968; revised for Second
Edition, 1980
Chapter "Pre-Trial Conferences", Florida Civil Practice Before Trial, Published by the Florida Bar, 1969; revised
for 1975, 1983 and 1993 editions
"The Winning Edge--The Opening Statement", Trial Diplomacy Journal, Vol. 7 No. 4, Winter 1985/85
"Second Opinion-Our Judges Are Not Destroying the Tort System", Florida Bar Journal, Vol. LX, No.4, pg. 24, April,
1986
"Exposing The Hoax - Time to Call A Halt to 'Tort Reform'", Trial Magazine, July, 1986
"In Search of Gold - The Odyssey of Trend v. Honeywell", Trial Diplomacy Journal, Winter 1987/88
"Advertising: The Need for a Strong ATLA Policy", ATLA Advocate, Vol. 15, No. 6, July, 1989
"Arguing Pain and Suffering Damages in Summation", Trial Magazine, March, 1992
"Dealing With The Longevity Defense", 8 ATLA Professional Negligence Rep. No. 1, Feb., 1993
"Medical Incompetence: Great Hidden Secret", Trial Magazine, May, 1993
"Toward 2000", Trial Lawyer, Vol. 6, Issue 4, July, 1993
"The Facts About Jury Awards", Trial Magazine, May, 1994
"Plaintiffs' Bar Questions Products Liability Proposal", The National Law Journal, Aug. 1, 1994
"Damage Caps Will Hurt Injured Consumers", The Washington Times, Insight Magazine, Nov. 7, 1994
"Protect Americans, Not Unsafe Products", National Debate, December, p. 40, 1994
"ADR Is No Solution for Injured Consumers", Jour. of Mass. Academy of Trial Attorneys, Vol. 2, No. 3, p.29 Jan.,
1995
"An Interview With Larry S. Stewart", ACCA Docket, Vol. 13, No. 2, p.28, March/April, 1995
"Damage Allocation Laws Pose Threat to Fairness", The National Law Journal, July 24, 1995
Remarks, "Improving Judicial Oversight of Jury Damages Assessments", Vol. 80, No. 5, Iowa L. Rev. p. 1265, July,
1995
Opening Statements: "The Missing Treasure: Who's Responsible", Trial Magazine, March, 1996
President's Pages, Trial Magazine, August 1994 through July 1995
"The Impact in Your Next Trial of Tort Reform in the Congress, State Legislatures, and the Courts", Forum, Vol.
26, No. 4, p.24, May, 1996
"Why I Became a Trial Lawyer: The Real Reward", Trial Magazine, July, 1996
"The ALI's Proposed Restatement - How Will It Affect Your Practice? - An Interview With Larry S. Stewart, ATLA Law
Reptr., Vol 15, No. 8, October, 1996
"Timmy Tumble v. Cascade Bicycle Co.: A Hypothetical Case Under the Restatement (Third) Standard for Design
Defect", 30 U. Mich. J. L. Reform 511, 1997
"Roundtable on Products Liability Litigation", Trial Magazine, November, 1997
"A Manifectly Unreasonable Design: The Habush Amendment -- An Exception to Proof of a Reasonable Alternative
Design", Vol. VIII, No. 1 Kansas J. of Law & Public Policy 78, 1998
"Keys to Success", Trial Magazine, July, 1998
"Phase Two of the ALI's Tort's Project: Apportionment of Liability", Trial Magazine, August, 1998
"A New Frontier", Trial Magazine, November, 1998
"The Duty to Warn - A Matter of Reasonableness, Not Arbitrariness", Florida Bar Journal, Vol. 73, No. 4 p. 55,
April, 1999
Trial Lawyers Care "Attorney Handbook", Trial Lawyers Care 2001; Revised Edition 2002, Supplements 2002-2003
"The September 11th Victim Compensation Fund, Past or Prologue?", 9 Conn. Ins. L. J. 154, 2003
"Courts Overrule ALI 'Consensus' On Products", Trial Magazine, November, 2003
Book Review: "The Preparation of a Product Liability Case", Baldwin, Hare and McGovern, Little Brown and Company
(1981)
Book Review: "Moral Vision and Professional Decisions", Rand Jack and Dana Jack, Cambridge Univ. Press (1989),
Trial Magazine, December, 1990
Book Review: "The Law of Lawyering: A Handbook on the Model Rules of Professional Conduct", 2d Ed., Hazard and
Hodes, Prentice Hall Law & Business (1990) Trial Magazine, April, 1991
Book Review: "The Litigation Explosion", Walter Olson, Truman Talley Books (1991), Trial Magazine, August,
1994
Book Review: "Anatomy of Cross-Examination", Leonard E. Davies, Prentice Hall Law & Business (1994), Trial
Magazine, August, 1994
Book Review: "Medical Malpractice and the American Jury: Confronting the Myths About Jury Incompetence, Deep Pockets,
and Outrageous Awards", Neil Vidmar, University of Michigan, Trial Magazine, November, 1995
Book Review: "Integrity", Stephen L. Carter, Basic Books, Trial Magazine, July, 1996
Book Review: "No Contest", Ralph Nader and Wesley J. Smith, Random House (1996), Trial Magazine, January,
1997
Dorsey v. Honda Motor Co., Ltd., M. BELLI, MODERN TRIALS, 2nd Ed, 1982
Tietig v. Chris-Craft Corp, M. BELLI, MODERN TRIALS, 2nd Ed, 1982
Weiner v. Blue Cross/Blue Shield, Centerpiece 29 ATLA L. Rep. 408, Nov., 1986
Placker v. Peoples Gas System, Centerpiece 31 ATLA L. Rep. 408, Nov., 1988
Trend Coin Co. v. Honeywell, Inc., Opening Statements: Good Beginnings@, Trial Magazine, Mar., 1996
Honors and Awards:
ABA TIPS 2007 Pursuit of Justice Award
The Florida Bar, 2002 G. Kirk Haas Humanitarian Award
Association of Trial Lawyers of America:
2002 Champion of Justice Award
New Lawyers Division, 1994 Joe Tonahill Award
Wiedmann Wysocki Citation of Excellence, 1990, 1992, 1999, 2003, 2004
American Board of Trial Advocates, Florida Federation of Chapter (FLABOTA)
Special President's Award
Florida Trial Lawyer of the Year, 1993
Academy of Florida Trial Lawyer:
Al J. Cone Lifetime Achievement Award, 1992
ATLA-NJ Gold Medal for Distinguished Service, 2004
Florida Lawyers Action Group, Crystal Eagle Award. 1994
Dade County Bar Association, 1995 Special Service Award
Trial Lawyers for Public Justice:
Trial Lawyers of the Year Honorable Mention 1983
Trial Lawyer of the Year Finalist 1989
Best Lawyers in America, Woodward/White, Inc.
Lawdragon, 500 Leading Litigators in America
Florida Trend, Florida Legal Elite
South Florida Legal Guide, Top Attorney
Florida Monthly, Florida's Top Lawyers
Florida Super Lawyers, Law & Politics, The Top 100
Florida Trend, Florida Legal Elite
Melvin M. Belli Society, Outstanding Achievement Award 1994-1995
Professional Associations and Memberships:
Association of Trial Lawyers of America, 1994 - 1995
President
Association of Trial Lawyers of America, Executive Committee, 1990 - 1996; 2001 - 2002
Association of Trial Lawyers of America, Board of Governors, 1983 - 1994
ATLA PAC Chair, 1997 - 1999
ATLA Endowment Co-Chair, 1998 - 2000
ATLA List Committee Co-Chair, 1997
Association of Trial Lawyers of America, Public Affairs Committee Co-Chair, 1993 - 1994
Association of Trial Lawyers of America, Medical Malpractice Task Force, 1992 - 1994; Co-Chair 1993 - 1994
Association of Trial Lawyers of America, Ethical Conduct Committee, 1989 - 1993; Chair 1989 -1990
Association of Trial Lawyers of America, Ethics Committee Chair, 1988 - 1989
Association of Trial Lawyers of America, Reorganization Committee Chair, 1988 - 1989
Association of Trial Lawyers of America, Ad Hoc Committee on Section Roles Chair, 1989 - 1990
Association of Trial Lawyers of America, Section and Litigation Group Coordinating Council Co-Chair, 1992 - 1993
Association of Trial Lawyers of America, Organizational Review Committee Co-Chair, 1991 - 1992
Association of Trial Lawyers of America, National College of Advocacy Board of Trustees, 1989 - 1993
Association of Trial Lawyers of America, Committee to Investigate DuPont Plaza Hotel Fire, 1987 - 1988
Association of Trial Lawyers of America, M Club Member, 1984 - to date
Association of Trial Lawyers of America, Birth Trauma Litigation GroupExecutive Committee, 1990 - 1993
President 2001 - 2002; Board of Directors 2001 - to date
Roscoe Pound Foundation, President 1999 - 2001; Vice-President, 1997 - 1999
Roscoe Pound Foundation, 1993 - 1997
Roscoe Pound Foundation, State Court Judges Forum, 1998
Roscoe Pound Foundation, Court Funding Roundtable, 1993
Roscoe Pound Foundation, Contributor and Moderator Pound/ Yale State Court Judges Forum, 1992
Academy of Florida Trial Lawyers, President 1978 - 1979; Secretary 1972 - 1994
Academy of Florida Trial Lawyers, Board of Directors, 1972 - 1994
Academy of Florida Trial Lawyers
Govering Council Amendment 10 Campaign
The Florida Bar, Trial Lawyers Section Chair, 1975 - 1976
The Florida Bar, 1984 - 1986
Civil Trial Certification Committee Chair
The Florida Bar, 1972 - 1974
Continuing Legal Education Committee Chair
The Florida Bar, Rules Committee Vice-Chair, 1971 - 1973
The Florida Bar, Basic Trial Advocacy Course Development Chair, 1974 - 1975
The Florida Bar, Young Lawyers Section, Treasure 1970- 1971; Board of Governors, 1967 - 1973
Dade County Trial Lawyers Association; Founding Member
Inner Circle of Advocates, 1987 - Present
American Board of Trial Advocates, Advocate 1988 to date
Trial Lawyers for Public Justice, 1985 - Present
Public Citizen, 1984 - Present
The American Law Institute, 1993 - Present
The American Law Institute, Torts: Product Liability, Members Consultative Group, 1993 - Present
The American Law Institute, Torts: General Principles; Advisor, 1993 - Present
The American Law Institute, Torts: Apportionment of Liability; Advisor, 1993 - Present
The American Law Institute, Restitution and Unjust Enrichment; Members Consultative Group, 1993 - Present
The Institute for Civil Justice at Rand, Board of Overseers, 1999 - Present
Civil Justice Foundation, Champion, 1986 - Present
Florida Legislature, Motor Vehicle Insurance Task Force, 1989 - 1990
Advisory Panel University of Iowa Damages Study, 1993
CPR Commission on Ethics and Standards of Dispute Resolution Practice, 1995
University of Michigan Journal of Law Reform Products Liability Symposium, 1996
University of Kansas Law and Organizational Economics Center, Symposium, 1998
University of Connecticut School of Law, Liability and Insurance After September 11th, March 2002
International Academy of Trial Lawyers, Fellow 1989 to date
International Academy of Trial Lawyers, Board of Directors, 1989 - 1995
International Academy of Trial Lawyers, Chair Membership Committee, 1991 - 1993
International Academy of Trial Lawyers, Vice-Chair Administration of Justice Committee 1990
International Academy of Trial Lawyers, Chair Site Committee 1989, 1993, 1999
International Society of Barristers, 1992 - to date
American College of Trial Lawyers, Fellow 1982 to date
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Biography
| Title: | member | | Firm: | Stewart tilghman Fox Bianchi & Cain | | Law School: | Univ of Florida | | Graduation: | 1963 | | | | Notable case(s), past or present (include date if possible): | | | | | Selected clients: | | | Areas of Expertise: | | Civil Trial, Personal Injury, Wrongful Death, Medical malpractice, Products Liability | | | | Bar Memberships: | | The Florida Bar | | | | Clerkships: | | | | | Honors: | | Order of the Coif; ABA TIPS Pursuit of Justice Award, 2007; The Florida Bar, G. Kirk Haas Humanitarian Award, 2002; American Association for Justice, 2002 Champion of Justice Award, New Lawyers Division, Joe Tonahill Award, 1994, Wiedemann Wysocki Citation of Excellence, 1990, 1992, 1999, 2003, 2004; American Board of Trial Advocates, Florida Federation of Chapters (FLABOTA), Special President’s Award, 2003, Florida Trial Lawyer of the Year, 1993; Florida Justice Association, B.J. Masterson Lifetime Achievement Award, 2010. Perry Nichols Award, 1995, Al J. Cone Lifetime Achievement Award, 1992, President's Award 1980; ATLA-NJ Gold Medal for Distinguished Service, 2004; Best Lawyers in America, Woodward/White, Inc. (20 years plus), Miami Personal Injury Lawyer of the Year, 2010; Lawdragon, 500 Leading Litigators in America; Florida Trend, Florida Legal Elite; South Florida Legal Guide, Top Attorney; Florida Monthly, Florida’s Top Lawyers; Florida Super Lawyers, Law & Politics, The Top 100; Melvin M. Belli Society, Outstanding Achievement Award 1994-1995; Martindale Hubbell AV rating (30 years plus) | | | | | | Q&A
| Best moment of career: | | | | | Worst moment of career: | | | | | Attorney you most admire: | | | | | Favorite activities (besides the Law): | | | | | Favorite Sports Team (if you have one), or Favorite Theater or Museum, etc: | | | | | If you weren’t a lawyer, what would you be?: | | | | | What do you read most often: | | | | | Notable law school classmates: | | | | | Why are you proud to be a lawyer?: | | | | |
Articles
- "The September 11th Victim Compensation Fund, Past or Prologue?" 9 Conn. Ins. L. J. 154 (2003)
- "Courts Overrule ALI 'Consensus' On Products", Trial Magazine, November 2003, p. 18.
- "Constitutional Requirements For Punitive Damages--Reality, Not Hyperbole-The Real Import of State Farm v.
Campbell", The Florida Bar Journal, March 2004, p. 34.
- "No Victim Left Behind - Attorneys of Mercy", Trial Magazine, July 2004, p.67.
- "Psychiatric-Legal Considerations In Providing Mental Health Assistance to Disaster Survivors", (with Dr. Stuart
Kleinman), 27 Psychiatric Clinics of North America 559 (2004).
- "Twists at Trial - A Case of Devine Intervention", Trial Magazine, September 2007, p. 58.
- "Reaffirming Strict Liability For Product Design Cases", Trial Magazine, November 2008, p. 26.
- "Strict Liability For Product Defective Design, The Quest for a Well-Ordered Regime", 74 Brooklyn L. Rev. 1039
(2009).
- "A "Top Ten" of New Tort Tools from The New Restatement for Physical and Emotional Harm," (with Michael D.
Green), Trial Magazine, April 2010, p.__.
- "The Rebirth of the Florida Standard Civil Jury Instructions", The Florida Bar Journal, May 2010, p. 13.
- "Clarification on the Duty to Exercise Care," publication pending William Mitchell L. R., Vol. 37 (Spring 2010).
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