Jay Thornton - Attorney at Law

333 S.E. 2nd Avenue
Suite 3200
Miami, Florida 33131

P 305-416-6880
F 305-416-6887
D 305-420-3933

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Biography

Jay has been litigating complex banking, employment and general commercial litigation matters for 16 years. He has significant jury and non-jury trial experience in the state and federal courts, and regularly represents large institutional clients in various litigation matters, with an emphasis on the following areas:

  • Complex banking litigation, including class action, general bank operations litigation, check fraud and UCC Art. III and IV claims; Fair Credit Billing Act; real estate litigation; mortgage fraud and title insurance disputes; fraudulent transfer act litigation, creditor rights, commercial loan workouts and foreclosures.
  • General and complex commercial litigation matters, including contract disputes; deceptive and unfair trade practices, right of publicity actions; defamation, civil theft, fraud, civil RICO and all other forms of fraud; IP litigation, eminent domain and inverse condemnation and defense of accessibility discrimination claims under Title III of the Americans with Disabilities Act.
  • Prosecution and defense of civil trade secret theft and misappropriation claims, employee raiding and enforcement/defense of noncompetition agreements and other restrictive covenant claims.
  • Defense of race, age, gender, sex, pregnancy, religious, and disability discrimination, harassment, and/or retaliation claims brought under Title VII and/or the Florida Civil Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act and federal and state "whistleblower" statutes.
  • Defense of wage and hour claims brought under the Fair Labor Standards Act, including collective actions and retaliation.
  • ERISA litigation
  • Health care litigation, including managed care contract litigation.
  • Enforcement and protection of music artist rights, including litigation pertaining to publishing agreements; songwriter agreements; production agreements; management agreements; recording and distribution agreements.

Additional Information About Jay Thornton

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Representative Experience
  • Obtained federal jury verdict and final judgment in favor of national association bank defendant, in ten count civil rights complaint brought by a former employee. U.S. District Court for the Southern District of Florida (2016).
  • Obtained dispositive order dismissing claims against national association bank with prejudice, relating to wire transfers. American Arbitration Association (2016).
  • Obtained order denying effort to certify class action against national association bank, followed by order granting summary judgment in bank’s favor. Miami-Dade County Circuit Court, Complex Litigation Division, (2015, 2016).  
  • Obtained summary judgment order in favor of national association bank against UCC Article III conversion claims. U.S. District Court, Southern District of Florida (2014).
  • Obtained order striking $11 million dollar breach of contract and other claims brought against national association bank, after establishing that the claim against the bank was based on forged instruments. U.S. District Court, Southern District of Florida (2014).
  • Resolved significant tort claims brought against national association bank by creditor, who claimed to have relied on general good standing letter in loaning funds to bank customer. U.S. District Court, Southern District of Florida (2014).
  • Obtained dismissal of individual claims and conversion claim against national association bank. U.S. District Court, Southern District of Florida (2014).
  • Obtained dismissal of tort claims filed against national association bank. U.S. District Court, Southern District of Florida (2014).
  • Obtained dismissal of breach of contract and tortious interference claims against national association bank. U.S. District Court, Southern District of Florida (2014).
  • Obtained dismissal with prejudice of common law negligence claims against national association bank on UCC Article III preemption grounds. U.S. District Court, Southern District of Florida (2013).
  • Obtained order dismissing complaint against national association bank for damages and injunctive relief with prejudice, based on plain language of asset purchase agreement, U.S. District Court, Southern District of Florida (2013).
  • Resolved subrogation and other tort claims in excess of $15 million brought against national association bank by a title insurance company, relating to an alleged title insurance fraud. U.S. District Court, Southern District of Florida (2013).
  • Resolved federal lawsuit against national association bank that challenged bank’s automated check processing and signature verification methods. U.S. District Court, Southern District of Florida (2011).
  • Obtained order striking tort claims as a sham and dismissing action with prejudice, on behalf of one of the largest internet-related services and products companies in the world. Orange County Circuit Court (2011).
  • Resolved trade secret and noncompete injunction action involving high level sales employee of insurance services division of large national association bank. U.S. District Court, Southern District of Florida (2012).
  • Obtained federal jury verdict on behalf of multinational restaurant corporation, on multiple wage and hour claims brought under the Fair Labor Standards Act, subsequent to a partial summary judgment order in client’s favor on sec. 203(m) tip credit claim. U.S. District Court, Southern District of Florida (2010).
  • Obtained preliminary injunction for national credit union following full evidentiary hearing, protecting and requiring defendant to surrender documents containing client’s trade secrets and the confidential financial information of scores of third-party bank customers. U.S. Bankruptcy Court for the Middle District of Florida (2008).
  • Received preliminary emergency injunction freezing millions in assets belonging to multiple Grammy and BMI award-winning songwriter and producer, which assets were alleged to have been diverted by artist’s manager; artist, who survived a murder attempt, alleged that his former manager and others were behind the attempt and had conspired to take control of and divert artist’s money and other real and intellectual property, including artist’s vast music catalog and a state-of-the-art Miami recording studio. Miami-Dade Circuit Court (2008).
  • Obtained partial bench trial verdict for real estate holding company in inverse condemnation and breach of contract action against Broward County and The Port Everglades Authority. Broward County Circuit Court, (2007)
  • Obtained final summary judgment in client's favor on breach of promissory note claim, which corporate health care client brought against its former CEO. U.S. District Court for the Southern District of Florida (2006).
  • Obtained order striking right of publicity action as a sham and dismissing action with prejudice following evidentiary hearing, on behalf of one of the largest internet-related services and products companies in the world. Miami-Dade Circuit Court (2008).
  • Received favorable jury verdict on breach of employment contract, equitable contribution, contribution, breach of note and security agreement claims relating to disputed dissolution of limited liability company. Miami-Dade Circuit Court (2005).
  • Received partial verdict in client’s favor after bench trial in action in inverse condemnation and breach of contract claims against Broward County, Florida, which derived from security measures implemented by the county in and around Port Everglades following the 9/11 terrorist attacks. Broward County Circuit Court (2005).
  • Obtained final summary judgment in client’s favor in breach of contract and fraud action filed by former CEO of publicly traded health corporation, and an order sanctioning the plaintiff for filing an unfounded claim.  Volusia County Circuit Court (2008).
  • Obtained a final summary judgment in favor of internationally known electronics manufacturer on former employee’s breach of contract claim, an order domesticating international arbitration award in favor of client and against same former employee, an order imposing Rule 11 sanctions against former employee, an injunction preventing former employee from contacting harassing company executives, and an order holding former employee in civil contempt. U.S. District Court for the Southern District of Florida (2006).
  • Obtained order dismissing lawsuit against national airline with prejudice on grounds that claim was preempted by the federal Railway Labor Act, 2007. U.S. District Court for the Middle District of Florida (2007).
  • Obtained order on behalf of international Internet search and advertising company, dismissing misappropriation lawsuit as a sham and with prejudice following full evidentiary hearing. Miami-Dade Circuit Court (2007).
  • Obtained preliminary injunction on behalf of international publishing corporation, enforcing noncompete agreement against former advertising sales employee and the former employee’s new employer. Palm Beach County Circuit Court (2007).
  • Obtained preliminary injunction on behalf of international publishing corporation, enforcing noncompete agreement against former advertising sales employee. Palm Beach County Circuit Court (2006).
  • (Pro Bono) Received order vacating a ten-year-old felony narcotics trafficking conviction that was based on an involuntary plea.  The conviction was the predicate to an effort by the United States to deport an elderly grandmother of thirteen children. The order vacating the conviction ultimately resulted in the dismissal with prejudice of deportation proceedings against the client. Palm Beach County Circuit Court (2006).
Education
  • Emory University School of Law, J.D. (2000)
  • University of Tennessee, B.A. (1990)
Admissions
  • Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. Court of Appeals, Eleventh Circuit
  • District of Columbia
Professional Associations & Memberships
  • The  Florida Bar
  • Federal Bar Association
  • Broward County Bar Association
  • Miami-Dade County Bar Association
  • The District of Columbia Bar
Awards & Recognitions
  • South Florida Legal Guide, Top Lawyers, 2014-2016
  • South Florida Legal Guide, Top "Up & Comer," 2009, 2010, 2012-2013
  • Florida Trend, Top "Up & Comer," 2007
  • Florida Super Lawyers, "Rising Star," 2009
Articles & Publications
  • "Case Study: In Re Flexible Flyer," EmploymentLaw360, May 12, 2010
  • "Suit Details Real-Life Drama," The Miami Herald, November 14, 2007
  • "Lugar De Santeria Sirvio Para Preparar Complot Contra Estefano," El Nuevo Herald, February 14, 2008
  • "Song Writer's Death Plot Claim Is Called Fantasy," The Miami Herald, February 15, 2008
  • "Colombian Composer Estefano and Ex-Financial Manager Settle Theft Lawsuit," The International Herald Tribune, April 17, 2008
  • "Estefano Shooting Search for Motive Turns to Church," The Miami Herald, June 30, 2008
  • "Songwriter Estefano Tells How He Was Almost Killed," The Miami Herald, August 22, 2008
  • "The Shooting of Estefano," Miami New Times, May 6, 2008
  • "Probe of Estefano Shooting Looks Into Santeria Church," The Miami Herald, June 30, 2008
  • "New Lead in Estefano Shooting Case," Miami New Times Magazine, June 6, 2008
  • "Songwriter's Testimony Turns to Motive," The Miami Herald, August 28, 2008
  • "Not Guilty: Jury Acquits Man Accused in Estefano Shooting Case," The Miami Herald, August 28, 2008
  • "Were Estefano Jurors Under the 'CSI Effect'?", The Miami Herald, August 29, 2008
  • "Sony/ATV in Deal for Estefano Works," Billboard Magazine, November 5, 2008
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