Gene Stearns
Eugene “Gene” Stearns
Name: Eugene (Gene) Stearns
Current Role: Chairman of the firm’s Board of Directors, Chairman of its Litigation Department, trial lawyer in state and federal courts
Start Date in Practice: 1972
Party Affiliation: Not publicly confirmed
Birth Details: Not publicly confirmed
Florida Trial Lawyer and Litigation Strategist
Career Overview
Gene Stearns is a Florida trial lawyer with more than five decades of courtroom experience. He has tried a substantial percentage of his cases to verdict and final judgment, and he has led complex arbitrations and administrative proceedings. His appellate work spans Florida’s District Courts of Appeal and Supreme Court, and the federal Fifth, Eleventh, Ninth and Third Circuits. He has argued successfully before the United States Supreme Court in a case that resolved a long running split among federal circuits concerning federal diversity jurisdiction.
Law Firm Experience or Public Service
Stearns serves as Chairman of the firm’s Board of Directors and Chairman of its Litigation Department, leading teams in high stakes commercial, regulatory, and constitutional disputes.
Before entering private practice, he worked in Florida government from 1967 to 1972. He served on the staff of the Florida House of Representatives, including the 1967 Constitutional Revision Session that produced Florida’s 1968 Constitution. He was a senior staff member on the House Committee on Governmental Reorganization, which organized the executive branch into 22 departments, and later Chief Assistant to Speaker Richard A. Pettigrew. He co authored the “Fair Share Tax Plan” for Reubin Askew’s 1970 gubernatorial campaign and advised Governor Askew for two years.
Education and Early Life
Formal education details are not publicly confirmed. Early professional work was in Florida public policy and legislative operations before moving into full time litigation practice in 1972.
Major Cases and Actions
• Exxon dealer class action, federal trial through U.S. Supreme Court: Jury verdict of about 500 million dollars in compensatory damages, affirmed on appeal, with prejudgment interest resulting in an award of about 1 billion dollars. Stearns then oversaw a claims process for roughly 11,000 claims against the 1.07 billion dollar fund.
• Jack Nicklaus matters, New York and arbitration: Secured arbitration relief terminating employment related restrictive covenants and, in New York Supreme Court, obtained summary judgment confirming Mr. Nicklaus’s ownership of his name, image, and likeness, with all company claims dismissed.
• All Aboard Florida, federal and administrative litigation: Helped secure summary judgment for the project on federal challenges to private activity bonds and environmental review, affirmed by the D.C. Circuit, with certiorari denied by the U.S. Supreme Court. In a related administrative proceeding, won a recommended order, later adopted, upholding an environmental resource permit.
• Flagstone Island Gardens v. City of Miami, Florida circuit court: After a seven day bench trial, obtained a liability order in Flagstone’s favor on all disputed issues, then negotiated a remedies phase settlement that reimbursed fees and costs of about 5 million dollars, plus 5 million dollars for other expenses and an additional 10 million dollars over time, together with development agreements of substantial value.
• BBX Capital and related matters, multiple forums: Tried and appealed actions by shareholders, debtholders, and the SEC. Achieved Eleventh Circuit affirmance in one shareholder case, restructured a bank sale at a 10 percent deposit premium in a debtholder case, and won defense verdicts after two six week jury trials against SEC claims, affirmed on appeal.
• Voting Rights Act litigation, federal court and Eleventh Circuit: Won conversion of at large county commission elections to single member districts in Miami Dade County, affirmed on appeal.
• U.S. Global v. Progress Energy, Florida courts: Jury verdict exceeding 132 million dollars with post trial proceedings producing more than 103.5 million dollars in recoveries.
• UBS Swiss accounts matter, federal court: Co counseled with national firms to oppose an IRS petition seeking disclosure of Swiss client identities, resolved by a negotiated government to government settlement.
• Additional representative results: Defense wins for Bank of America in usury litigation, AIG in brokerage fee litigation, and multiple securities, construction, insurance coverage, lender liability, and corporate governance disputes. He also served as lead or co counsel in notable business and sports matters, including defense of the Miami Heat in an arbitration before NBA Commissioner David Stern.
Publications
Books and authored legal articles, not publicly confirmed.
Public Image and Focus
Stearns is known for managing fact dense commercial disputes and appeals with coordinated trial and post trial strategies. His work often involves securities, disclosure, intellectual property and publicity rights, insurance, banking, development rights, voting rights, and constitutional issues. He continues pro bono public policy work, including advising communities on municipal incorporation throughout South Florida.
Personal Life
Not publicly confirmed.
Fast Facts
• Trial lawyer since 1972, extensive jury and non jury trials
• Successful Supreme Court advocate on a diversity jurisdiction issue
• Argued appeals in the Fifth, Eleventh, Ninth, and Third Circuits
• Chairs the firm’s Board of Directors and its Litigation Department
• Led billion dollar class action recovery against Exxon, including fund administration
• Secured court rulings affirming Jack Nicklaus’s name, image, and likeness rights
• Helped defend All Aboard Florida through federal and administrative challenges
• Achieved complete liability win and eight figure settlement in Flagstone v. Miami
• Won Voting Rights Act relief creating single member districts in Miami Dade County
• Longstanding pro bono engagement in South Florida municipal incorporations
