![Jason H. Okleshen](/-/media/images/team/o/okleshen-jason-h/17038largepng.png?rev=b7902b08b6b64b04913da96fb1c97ea0&sc_lang=he)
Profile
Jason H. Okleshen is a trial lawyer who focuses his practice on products liability and financial services litigation.
Jason’s significant products liability work is focused on medical devices and pharmaceuticals. He represents manufacturers in mass tort, multidistrict litigation as well as complex matters in both federal and state courts. His experience includes all aspects of litigation, including selecting and managing trial experts, taking and defending expert witness and treating physician depositions, development of case strategy, case management, and trial practice – for claims based on failure to warn, design defects, and manufacturing defects.
He has been an integral member of trial teams for pelvic mesh, IVC filter, and hernia mesh cases.
In the financial services industry, Jason represents and counsels mortgage servicers and financial institutions in litigation related to claims arising out of federal and state consumer protection statutes, including the FCCPA, FDCPA, RESPA, TCPA, and TILA, as well as claims related to lender placed insurance, complex contested foreclosures, and complex title claims.
Jason also has broad, deep experience handling real estate and commercial litigation from the initial complaint through trial and post-trial proceedings, including appeals. He represents real estate developers, commercial property owners, shopping centers, wealthy individuals, and a wide-variety of businesses through contract issues, state and federal statutory claims, land disputes, and business torts. He also litigates construction disputes, including claims for construction defects and delay damages. Jason’s client representation includes counseling clients pre-suit to reach sensible business resolutions, as well as litigating on their behalf in state and federal courts and alternative dispute resolution forums.
Concentrations
- Business disputes
- Commercial litigation
- Construction litigation
- Financial services litigation
- Land disputes
- Pharmaceutical, medical device & health care litigation
- Products liability & mass torts
- Real estate litigation
- Trial Practice
Capabilities
Experience
- Defending a medical device manufacturer in all phases of its ongoing multidistrict products liability litigation concerning its pelvic mesh products (MDL 2187, In Re: C. R. Bard, Inc. Pelvic Repair Sys. Prods. Liab. Litig., S.D.W. Va.), including cases within the MDL, the New Jersey MCL, and individual cases remanded for trial in their originating states as well as cases filed nationwide following termination of the MDL.
- Defending a medical device manufacturer in ongoing multidistrict products liability litigation concerning its hernia mesh products (MDL 2846, In Re: Davol, Inc./C. R. Bard, Inc., Polypropylene Hernia Mesh Prods. Liab. Litig., S.D. Ohio, and In re Davol/C. R. Bard, Inc. Hernia Mesh Multi-Case Mgmt., No. PC-2018-9999, R.I. Super. Ct.), specifically focusing on all facets of expert discovery, depositions of treating physicians, and trial practice.
- Defending a pharmaceutical company in ongoing multidistrict products liability litigation concerning its chemotherapy drugs (MDL 2740, In Re: Taxotere (Docetaxel) Prods. Liab. Litig., E.D. La.), specifically focusing on expert discovery as well as a separate action brought by the Mississippi Attorney General.
- Defended a medical device manufacturer of IVC filters in nationwide cases remanded from MDL 15-02641-PHX-DGC, In Re: Bard IVC Filter Prods. Liab. Litig., D. Az., for trial in their originating states, specifically focusing all facets of expert discovery, depositions of treating physicians, and trial practice.
- Defended a pharmaceutical company in multidistrict products liability litigation involving its testosterone replacement therapy products (MDL 2545, In Re: Testosterone Replacement Therapy Prods. Liab. Litig., N.D. Ill.), specifically handling all facets of fact discovery.
- Represented a manufacturer of prosthetic aortic heart valves; obtained dismissal with prejudice of heart valve recipient’s original complaint alleging negligent failure to warn. The Florida trial court’s dismissal with prejudice was affirmed by Florida’s Second District Court of Appeals.
- Representing mortgage servicers in litigation related to claims arising out of federal and state consumer protection statutes, related to lender placed insurance, and involving complex title issues, including trials and appeals.
- Represented seller of pools of residential home loans in Southern District of Florida actions brought by the end-purchaser which sought equitable relief and contractual damages; obtained dismissal with prejudice of all claims. The district court’s dismissal with prejudice was affirmed by the Eleventh Circuit Court of Appeals. Later obtained dismissal of common law tort claims brought by the same end-purchaser in the Middle District of Florida.
- First chair/lead trial counsel – 2013-present – represented financial institutions, lenders, mortgage servicers, and private investors in contested, complex foreclosure (non-jury) trials and related proceedings.
- Second chair – December of 2011 – represented a regional bank in a three-day non-jury trial in the Fifteenth Judicial Circuit seeking a deficiency judgment on guarantors’ guaranties. Obtained a judgment in excess of a million dollars.
- Represented shopping center owner in action brought by a group of tenants asserting contractual and Virginia common law tort claims. Obtained dismissal with prejudice of all claims which was affirmed by Florida’s Fourth District Court of Appeal
- First chair/lead trial counsel – October of 2009 – represented a real estate developer in a five-day non-jury trial in the Fifteenth Judicial Circuit in a construction/development contract action. Obtained a judgment in excess of one million dollars and defeated a multimillion-dollar counterclaim.
- Second chair – March of 2010 – represented a real estate developer in a three-day non-jury trial in the Fifteenth Judicial Circuit against the Florida Department of Transportation in an action on a consent final judgment.
- Second chair – April of 2007 – represented a medical imaging company in a two-week jury trial in the Middle District of Florida against its property and casualty insurer for breach of contract. Medical imaging company sought millions of dollars for damage to imaging equipment from Hurricanes Charley and Frances. Case was confidentially settled after client rested its case.
- Second chair – December of 2006 – represented a real estate developer in five-day arbitration hearing in a contract action brought by purchasers of a spec home. Obtained an award in excess of two million dollars on developer’s counterclaim and defeated purchasers’ claims.
- Second chair – August of 2004 – represented plastic surgeon against his former employer in a three-day arbitration hearing on a contract action. Obtained an award in client’s favor and confidentially resolved former employer’s related action in the Fifteenth Judicial Circuit.
- Monarch v. On-X Life Tech., Inc., et al., 2018 WL 6579786, Case No. 2D18-340 (Fla. 2d DCA Dec. 14, 2018)
- KT Pawn Broker, Inc. v. Eden Center, Inc., 246 So. 3d 351, 4D16–3821, et seq. (Fla. 4th DCA Mar. 1, 2018)
- Henderson v. Deutsche Bank Nat’l Tr. Co., 226 So. 3d 856, No. 4D16-382 (Fla. 4th DCA July 5, 2017)
- Almonte v. Deutsche Bank Nat’l Tr. Co., 225 So. 3d 830, No. 4D16-3612 (Fla. 4th DCA April 13, 2017)
- Brock v. C. R. Bard, Inc., 2017 WL 1113311, Civil Action No. 2:12-cv-5114 (S.D.W. Va. Mar. 22, 2017)
- Farmer v. C. R. Bard, Inc., 2017 WL 1089189, Civil Action No. 2:13-cv-33521 (S.D.W. Va. Mar. 21, 2017)
- Zablocki v. C. R. Bard, Inc., 2017 WL 1075080, Civil Action No. 2:11-cv-808 (S.D.W. Va. Mar. 21, 2017)
- Jackson v. Ocwen Loan Servicing, LLC, 2017 WL 238174, NO. 3:16–CV–10–J–39PDB (M.D. Fla. Jan. 9, 2017)
- Landmark Equity Fund II, LLC v. Residential Fund 76, LLC, et al., 631 F. App’x 882 (11th Cir. Dec. 7, 2015)
- Landmark Equity Fund II, LLC v. Residential Fund 76, LLC, et al., 2014 WL 1652049, No. 13-20122-CIV (S.D. Fla. April 23, 2014)
- Landmark Equity Fund II, LLC v. Residential Fund 76, LLC, et al., 2014 WL 552974, No. 13-20122-CIV (S.D. Fla. Feb. 12, 2014)
- Landmark Equity Fund II, LLC v. Residential Fund 76, LLC, et al., 2014 WL 12144068, No. 13-20122-CIV (S.D. Fla. Nov. 21, 2013)
- PGA North II of Florida, LLC v. Division of Admin., State of Florida Dept. of Transp., 126 So. 3d 1150 (Fla. 4th DCA 2012)
- General Glass & Window, Inc. v. Meltzer, 48 So. 3d 853, 2010 WL 4868047 (Fla. 4th DCA Nov. 24, 2010)
- B.B. Plaza Assocs., Ltd. v. Bed Bath & Beyond, Inc., 2009 WL 1110901, No. 09-80536-CIV (S.D. Fla. April 24, 2009)
- AAA Abachman Enters., Inc. v. Stanley Steemer Int’l, Inc., 2007 WL 9706935, CASE NO. 06-80726-CIV-HURLEY (S.D. Fla. July 26, 2007)
- Judicial Intern, U.S. Magistrate Judge Stephen T. Brown, U.S. District Court for the Southern District of Florida
Recognition & Leadership
- Listed, South Florida Legal Guide, “Top Lawyers,” 2017-Present
- Recognized, Palm Beach Illustrated, “Top Lawyers,” 2018-Present
- Team Member, a Law360 "Real Estate Practice Group of the Year," 2023
- Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021-2022
- Team Member, The American Lawyer’s “Products Liability Litigation Department of the Year,” 2018
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
- Selected, South Florida Legal Guide, "Top Lawyers Class of 2016," 2016
- Listed, South Florida Legal Guide, "Top Up and Comer," 2015, 2016
- Selected, Daily Business Review, "Rising Stars 40 Under 40," 2014
- Board Member, The Soup Kitchen of Boynton Beach
- Young Friends of the Kravis Center
- Palm Beach North Chamber of Commerce
- Co-Chair, Commercial Litigation & Trial Advocacy Section, Palm Beach County Bar Association Bench Bar Conference, 2012-2014
- Independent Living Review Project, Legal Aid Society of Palm Beach County – Provided pro bono legal representation to children and young adults who "aged out" of the Palm Beach County foster care system
- Member, The Florida Bar Association
- Member, Palm Beach County Bar Association
Credentials
- J.D., cum laude, University of Miami School of Law
- B.A., Emory University
- Florida
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida