John M. Brennan - Attorney at Law

John M. "Jay" Brennan Attorney At Law

John M. Brennan - Attorney at Law

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jay.brennan@gray-robinson.com

T 407-843-8880
F 407-244-5690
D 407-244-5676
 Orlando 301 East Pine Street Suite 1400 Orlando, Florida 32801

Focus

Jay's practice is focused on civil litigation, including both trial and appellate work, in both state and federal courts. His experience includes all types of commercial/business litigation, including contract, corporate and partnership disputes; antitrust; health care litigation; banking litigation; mortgage foreclosure; commercial collections; commercial landlord/tenant litigation; business tort and trade secret litigation; employment contract and noncompetition disputes; commercial products liability; franchise and manufacturer/dealer disputes; and construction disputes. Jay has also represented professional athletes.

  • Areas of Emphasis
    • Banking & Finance Litigation
    • Business Litigation
    • Healthcare Litigation
  • Background

    Jay grew up in Connecticut. He came to Central Florida in 1972 to attend Rollins College. Jay graduated from Rollins in 1976 with a bachelor's degree in business/economics. While at Rollins, Jay was a member of the college golf team, which finished third in the 1975 NCAA Division II Golf Championship. Jay attended the University of Miami School of Law and earned his law degree, with honors, in 1979. Jay has practiced business and civil litigation law in Orlando, Florida, since 1980. Jay has been named to Florida Trend's "Legal Elite" and recognized in Best Lawyers in America and Florida Super Lawyers publications. Jay has also been named in Orlando Magazine's list of "Best Lawyers in Orlando" in Banking and Finance Law, Civil Litigation, and Bet-the-Company Litigation. He is also a member of the Million Dollar Advocates Forum based upon his achieving a jury verdict or settlement in excess of $1 million in a number of cases. Jay and his wife, Sue, live in Winter Park. They have three children, Casey, Jack and Peter. Jack and Peter are also GrayRobinson lawyers. 

  • Education
    • Rollins College, B.A., business/economics (1976)
    • University of Miami, J.D. (honors, 1979)
  • Admissions
    • Florida
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Northern District of Florida 
    • Eleventh Circuit Court of Appeals
    • U.S. Supreme Court 
  • Professional Associations & Memberships
    • American Bar Association
      • Litigation and Antitrust Sections, Member
    • The Florida Bar
      • Trial Lawyers Section
      • 9th Judicial Circuit Fee Arbitration Committee
    • American Trial Lawyers Association
    • Academy of Florida Trial Lawyers
    • Federal Bar Association
    • First Central Florida Inns of Court
    • Orange County Bar Association
    • Million Dollar Advocates Forum
    • Appointed to Merit Selection Panel to choose United States Magistrate Judge for the Middle District of Florida 
  • Awards & Recognitions
    • AV Preeminent® rated by Martindale-Hubbell
    • Best Lawyers in America, Banking and Finance Law, Commercial Litigation, Bet-the-Company Litigation, 2006-2022
    • Florida Super Lawyers, 2006-2021
    • Florida Trend, "Legal Elite," 2005-2008, 2012, 2014, 2016
    • Orlando Magazine, Best Lawyers, 2007-2021 (Banking and Finance Law, Commercial Litigation, Bet-the-Company Litigation)
    • Selected as a Leading Florida Attorney, Business Litigation Law
  • Civic
    • Ken Griffey Jr. Family Foundation, Chair
    • Annika Sorenstam Foundation, Chair
    • The First Tee of Central Florida, Director
    • Orlando Chamber of Commerce
    • Rollins College Alumni Association
    • Orlando Science Center, Former Board Member
    • St. Margaret Mary Church, Winter Park
  • Significant Cases
    • Orlando Utilities Commission v. Century Coal, LLC, Case No. 6:08-cv-1008-Orl-31KRS, U.S. District Court, Middle District of Florida, Orlando Division - recovery of judgment in favor of OUC for $24+ million in breach of contract case
    • Sprys v. Wal-Mart Stores, Inc., Case No. 98-1188-CIV-ORL-31DAB, U.S. District Court, Middle District of Florida, Orlando Division - successful defense of Wal-Mart in $100 million False Claims Act claim of pharmacy price discrimination and alleged Medicaid fraud
    • Harborside 17 Partners, LLC; US Euro Equity, Ltd.; JUSA Holdings Harborside, Ltd.; Harborside Holdings, NC, Ltd.; Wolfgang Dueren and Jupiter USA, Inc. v. Warren Stanchina; Alan M. Whitney, Mary Lynn Stanchina, Harborside Joint Venture; GreatLand, LLC; US Euro Partners, LLC; and Robert L. Sirianni, Case No. 2007-CA-612, Circuit Court, Orange County, Florida - successful defense of $7 million fraud claim and recovery of $7 million settlement in favor of our clients
    • The Jessey Group, Inc. v. The Pacific Institute, Inc., Case No. 95-938-CIV-ORL-19, U.S. District Court, Middle District of Florida, Orlando Division - obtained a $1.3 million jury verdict in a breach of contract and deceptive and unfair trade practices case
    • Fabry v. E.I. duPont de nemours & Co., Case No. CI 91-7972, Circuit Court, Orange County, Florida - obtained a $3.8 million settlement in a commercial products liability case
    • Deas v. Paccar, Inc., 775 F. 2d 1498 (11th Cir. 1985), cert. denied, 106 S.Ct. 1648, 90 L.Ed.2d 201 (1986) - successful defense of Peterbilt Motors Co. against a $5 million claim under the Florida and Federal Dealer's Day in Court statutes
    • Fabry v. Commissioner of Internal Revenue, 223 F.3d 1261 (11th Cir. 2000) - obtained reversal of Tax Court decision and succeeded in demonstrating that damage to business reputation was excludable from gross income
    • Don L. Subaru v. Subaru of America, Case No. 89-04837-CA-31, Circuit Court, Dade County, Florida - successful defense of Subaru of America in dealership franchise termination litigation involving fraudulent concealment by prospective dealer of grand jury investigation
    • Ronald A. Schiavone, as Trustee of the Ronald A. Schiavone Living Trust v. George P. Apostolicas, Case No. 02-CA-2220-15-G, Circuit Court, Seminole County, Florida, Case Nos. 5D03-3895 and 5D04-799, Fifth District Court of Appeal - $1.5 million final judgment and $267,425.51 attorneys' fees and costs judgment in favor of Schiavone Trust in partnership dispute affirmed on appeal
    • George P. Apostolicas v. Heathrow Golf Co. Limited Partnership, Case No. 03-CA-2602-15-W, Circuit Court, Seminole County, Florida, and Ronald A. Schiavone, as Trustee of the Ronald A. Schiavone Living Trust v. Heathrow Golf Co. Limited Partnership, Case No. 03-CA-2699-15-K, Circuit Court, Seminole County, Florida (CONSOLIDATED), 5D04-1831, Fifth District Court of Appeal - Final judgment in favor of Heathrow and Schiavone Trust converting $825,000 in opposing party's debt to capital and granting $1.1 million preference to Schiavone Trust affirmed on appeal
    • Naples Community Hospital, Inc. v Cleveland Clinic Florida Hospital Naples Non Profit Corporation, Case No. 04-CA-1928, Circuit Court, Leon County, Florida
    • Cleveland Clinic Florida Hospital Naples, et al. v. Naples Community Hospital, Case No. 2:04-cv-469-FtM-29 SPC, U.S. District Court, Middle District of Florida, Fort Myers Division
    • Administrative Complaints (AHCA v. Cleveland Clinic) State of Florida, Agency for Health Care Administration v. Cleveland Clinic Florida Hospital Naples, Nonprofit Corporation d/b/a Cleveland Clinic Florida Hospital Naples, AHCA No. 2004000889, State of Florida Agency for Health Care Administration (calendar year 2002) and AHCA No. 2004007184, State of Florida Agency for Health Care Administration (calendar year 2003)
    • Petition for Formal Administrative Hearing (Modification of Cleveland Clinic's CON conditions) - Naples Community Hospital, Inc. v. Cleveland Clinic Florida Hospital Naples Non Profit Corporation and The State of Florida, Agency for Health Care Administration, State of Florida, Agency for Health Care Administration, FRAES No.: 2005003775 - Successful defense of federal and state antitrust claims and substantial settlement of claims for audit and allocation with respect to indigent care
    • Cockman v. Spearman, Case No.: 2014-CA-01130-O, Circuit Court, Orange County, Florida (recovered Final Judgment for $1,917,181.25 and foiled Ponzi Scheme resulting in arrest and conviction of perpetrator – case featured on Crime Watch Daily)
    • Gateway Investors, LLC v. Innovest Capital, Inc., 2010 WL 4398411 (11th Cir 2010) (Secured dismissal with prejudice of breach of fiduciary duty and breach of partnership agreement claims involving 73 unit condominium project on Lake Monroe)
    • Adventist Health System d/b/a Florida Hospital vs. Philip Mathew, Circuit Court, Orange County, Florida (successfully represented Florida Hospital in $13 million claim involving alleged medical equipment sales Ponzi scheme)
    • United States of America, et al vs. Healogics, Inc., Parrish Medical Center, et al, Case No.: 6:14-cv-283-Orl-31KRS, United States Middle District of Florida, Tampa Division (secured dismissal of Whistleblower claims against Parrish Medical Center in $90 million False Claims Act case involving wound care)
  • Presentations & Seminars
    • “Doing Deals and Disputes in 2020: Revive, Restructure, or Rend Apart,” Association of Corporate Counsel (ACC) of Central Florida, October 15, 2020