Taylor Day Law

John D. Osgathorpe

Shareholder

John is a shareholder with Taylor Day, and he currently serves as our president and managing partner. In his practice, John protects the interests of companies, management teams, and business owners in a diverse array of commercial and torts disputes. He litigates in State and Federal Court as well as before arbitrators in Florida. His general areas of experience include breach of contract claims, shareholder disputes, corporate governance disputes, joint ventures disputes, agency disputes, engineer and architect professional negligence, construction defects litigation, real property disputes and title claims, deceptive and unfair practices claims, fraud, civil theft, usurping corporate opportunities, defamation, breach of fiduciary duties, conspiracy, trucking accidents and goods-in-transit disputes, as well as premises liability. 

John graduated from Indiana University with a degree in Economics and obtained his Juris Doctor from Indiana University School of Law-Indianapolis. While in law school, he was an Associate Editor of the Indiana International and Comparative Law Review. He also studied law at East China University of Political Science in Shanghai and at Temple University’s School of Law-Tokyo. He currently serves on ALFA International’s Board of Directors and is one of Taylor Day’s contact partners for ALFA International.

Representative Experience:

  • Represented owners and closely held companies’ in their claims against their U.S. agent for self-dealing, fraud, FDUTPA, and breach of contract for embezzlement of over $2 million in cash and real property
  • Represented leasing company in claims for lost profits under UCC against NYSE listed company and its subsidiary 
  • Represented business owner in his claims for breach of partnership agreement, fraud, and accounting regarding client’s investment in Florida multi-family residential complex
  • Defended successful serial entrepreneur and management entity against statutory, contractual, and self-dealing claims as well as an attempted receivership arising from high-rise business condominium
  • Defended technology services company and its president against breach of contract, international misrepresentation, and fraud claims arising from merger and subsequent divestiture of another company
  • Represented business owner in injunctive action against her commercial landlord to force lease assignment to the purchaser of business owner’s business
  • Represented seller in claims against the purchaser of high-rise office tower resulting in recovery several million dollars in government incentives as well as additional escrowed funds
  • Defended private lending consortium against claims of fraud, conspiracy, and violation of joint venture and successfully prosecuted counterclaim resulting in summary judgment for several million dollars plus, arising from loans for property development
  • Defended structural steel manufacturing and engineering subcontractor against claims in $39.8 million constructions defects lawsuit, as well as oversight of 19 associated personal injury lawsuits and a wrongful death lawsuit pending in multiple jurisdictions arising from parking garage collapse and purported structural defects in associated high-rise condominium tower
  • Defended insurer in a sanctions claim for over $48 million arising from breach of multiple Federal Court orders in Longshore Act case actively litigated since 1979
  • Defended general contractor in purported $40 million construction defects lawsuit involving 58 parties 
  • Defended NYSE-listed transportation company in a multi-million dollar arbitration and related federal lawsuit regarding a dispute with transportation company arising from multiple contracts
  • Defended founder and CEO of an international technology company in a dispute with Board, mezzanine lender, and other shareholders from claims of embezzlement, self-dealing, and breach of contract
  • Defended 50% owner of technology business following accusations of embezzlement and self-dealing by the other owner
  • Represented locomotive leasing company in claims against waste management companies for failure to fulfill contract terms and payment obligations
  • Defended local electric utilities and their insurer in various serious injury and wrongful death lawsuits
  • Defended numerous property development entities and personal guarantors in lawsuits instituted by commercial lending institutions
  • Defended hundreds of premises liability claims including slip/trip-and-fall, negligent retention and hiring, falling merchandise, defamation, negligent security, and claims under the Florida Deceptive and Unfair Trade Practice Act

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