John D. Osgathorpe

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A shareholder with Taylor Day, John currently serves as our president and managing partner. In his business litigation and complex torts practice he protects the interests of companies, management teams, business owners, and stakeholders in a diverse array of commercial and torts disputes. He litigates in State and Federal Court, as well as before arbitrators, in Florida.

The depth and breadth of John’s litigation practice includes most types of business and commercial disputes ranging from breach of contract claims, shareholder disputes, corporate governance disputes, and UCC matters while his torts practice ranges from products defects cases, truck and auto accidents, defamation, and premises liability. He also handles dispute regarding real estate and title insurance along with construction defects litigation.

John was recently Chair for ALFA International’s Business Litigation Seminar in September 2022 and is an active member of ALFA’s Complex Torts & Products Liability Steering Committee. He has presented at several ALFA International Client Seminars and Business Litigation Seminars, previously served on ALFA’s Board of Directors and as its Treasurer, and is one of Taylor Day’s contact partners for ALFA International.

Practice Areas

Admitted to Practice

Florida
Illinois (inactive)
U.S. District Court, Middle District of Florida
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Northern District of Florida

RELATED BRIEFINGS

Education

Indiana University School of Law, J.D.
- Indiana International & Comparative Law Review, Associate Editor
Temple University Law – Tokyo
East China University of Political Science and Law, Certificate in Chinese Legal Studies
Indiana University, B.A.
Vincennes University, A.S.

Honors & Awards

Recognized for inclusion in The Best Lawyers in America (2021 – 2023)
Martindale-Hubbell, AV-Rated*
Named one of North Florida’s Top Lawyers by 904 Magazine (2011 – 2012)
Named among Florida “Legal Elites” by Florida Trend Magazine (2012 – 2022)

*CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Speaking Engagements

Hot Legal Issues in Dynamic Times, September 8-10, 2022, ALFA International’s Business Litigation Seminar, The Broadmoor, Colorado Springs, CO
Best Legal and Business Practices When Developing or Acquiring a New Product, June 1-3, 2022, at ALFA International’s Product Liability & Complex Torts Practice Group Seminar, Fairmont Grand Del Mar, San Diego, California
Ladders Or Ledges? The Roles Of Insurers and Insured In Business Litigation, at ALFA Business Litigation Practice Group Seminar addressing Successful Trekking Along The Precipice, Protecting Your Business Before During And After “Bet The Company” Litigation, Chicago, Illinois | September 14-15, 2017, London House, Chicago, Illinois
Pre-trial Issues: From Prepping for Depositions to Limiting Evidence at Trial, Presenter Georgia Motor Trucking Association Seminar | September 11, 2015
Managing the Scene: The Various Players Orchestrating the Accident Scene, Moderator Georgia Motor Trucking Association Seminar | September 11, 2015
Avoiding Litigation and What it Means When You Can’t Florida 8(a) Alliance webinar | October 25, 2012
Social Networking ALFA International’s 2009 Annual Business Meeting

Professional Affiliations

Federal Bar Association
Jacksonville Bar Association
Florida Bar Association
ALFA International
- Member, Board of Directors (October 2016 – October 2019)
- Treasurer (October 2017 – October 2019)
- Member, Steering Committee, Business Litigation Practice Group
- Chairman, Business to Business Subcommittee, Business Litigation Practice Group
- Chairman, Marketing Committee (January 2012 – December 2014)
University of North Florida Division of Continuing Education Dean’s Council (2011 – 2014)
Jacksonville Lean Consortium (2008 – 2013)
Ability Housing of Northeast Florida, Board Member and President (2009 – 2014)

Publications

2022 Florida Section of ALFA International’s Transportation Law Compendium
Seminar Course Book Editor, Successful Trekking Along The Precipice, Protecting Your Business Before During And After “Bet The Company” Litigation, ALFA Business Litigation Practice Group Seminar, 2017
Ladders Or Ledges? The Roles Of Insurers and Insured In Business Litigation, for Seminar Course Book, for ALFA Business Litigation Practice Group Seminar 2017
Contributor for Florida, ALFA International Compendia for Transportation, Products Liability, and Hospitality
“A Critical Survey of The People’s Republic of China New Company Law,” 6 Ind. Int. & Com. Law Review, 2, Spring, 1996

Representative Experience

Represented Plaintiff multi-national corporation in winding up cargo airline business venture and lawsuit on personal guaranty.
Defended India based IT limited liability company against $1.75 million claims for breach of contract, fraud, aiding-and-abetting fraud, and aiding-and-abetting breach of fiduciary duty by NASDAQ listed corporation and limited liability company subsidiary as well as asserted counterclaim for $250,000.
Represented Plaintiffs business owner and related closely held companies in claims against its U.S. agent for self-dealing, fraud, FDUTPA, and contractual claims arising from embezzlement of $1 million.
Represented Plaintiff business owner in claims for breach of partnership agreement, fraud, and accounting regarding Canadian client’s investment in Florida multi-family residential complex.
Represented Plaintiff business owner in injunction action against commercial landlord to force lease assignment to purchaser of lessor’s business.
Represented Plaintiff company as seller in claims against purchaser of high-rise office tower resulting in recovery of $3.5 million in government incentives as well as 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 $22 million plus, arising from $14 million loan for property development.
Defended structural steel manufacturing and engineering sub-contractor against claims in a $39.8 million constructions defects lawsuit, as well as oversight of 19 associated personal injury lawsuits and a wrongful death lawsuit pending in separate jurisdictions arising from parking garage collapse and structural defects in associated high-rise condominium tower.
Took over defense of insurer in civil contempt claims for $47 million arising from breach of multiple Federal Court civil contempt orders in Longshoreman’s Act in case actively litigated since 1982.
Defended general contractor in $40 million construction defects lawsuit involving 58 parties and resolved dispute short of scheduled 60-day jury trial (which presiding Judge identified in her application to become a Federal Judge as her most significant case).
Defended Class 1 transportation company in multi-million arbitration and related federal lawsuit regarding a dispute with Florida transportation company arising from multiple contracts developed over 15 years plus business relationship.
Defended founder and CEO of international technology company in dispute with Board, lenders, and certain other shareholders against claims of embezzlement, self-dealing, and breach of contract.
Defended successful serial entrepreneur and management entity against statutory, contract, and self-dealing claims as well as an attempted receivership arising from high-rise real estate as well as prosecution of counterclaim for mandatory injunction.
Defended 50% owner of technology business following accusations of embezzlement and self-dealing by another owner.
Represented Plaintiff company in locomotive leasing company’s claims against New York waste management companies for failure to fulfill contract terms and payment obligations.
Defended local electric utilities against various serious injury and wrongful death lawsuits.
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 Plaintiff company in failure to fulfill lease requirements and for lost profits in UCC based claims against NYSE listed company and its subsidiary.
Defended numerous property development entities and personal guarantors in lawsuits instituted by commercial lending institutions.
Defended and supervised defense of well over a 150 premises liability claims including slip/trip-and-fall, negligent retention and hiring, defective merchandise, products liability, falling merchandise, defamation, negligent security, and Florida Deceptive and Unfair Trade Practice Act claims.