Sheldon Philp
Biography
Overview
Sheldon is a partner in the Firm's Commercial Litigation Group, based in Miami. His practice is focused on complex commercial disputes, with an emphasis on the defense of class actions. Sheldon has extensive experience in matters before federal and state courts across the country, at both the trial and appellate levels, and in arbitration. His litigation track record includes notable victories for a national telecommunications services provider in numerous class actions and commercial disputes; for a national fitness club in class actions asserting contract claims; for a charitable foundation in a class action brought by minority shareholders; for a non-profit science museum in an action challenging the construction of a new $275 million world-class, state-of-the-art facility; and for a real estate developer in an action challenging the proposed $300 million redevelopment of a former golf course and country club. Sheldon also represents a global food manufacturer in the defense of class actions alleging claims under state consumer protection and related laws, and a leading automaker in multidistrict class litigation associated with allegedly defective airbags manufactured by a third party. As a past president of the Caribbean Bar Association, Sheldon maintains close ties to the voluntary bar organization, whose members have provided assistance to individuals who immigrated from countries devastated by natural disasters, created scholarships and internships with local judges and non-profit organizations for Caribbean-American law students, and conducted community citizenship drives.
Experience
Representative matters include:
Blanks v. Fitness Int'l, LLC (N.D. Ill. 2022). Obtained dismissal with prejudice of class action complaint asserting contract claims.
Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A., 34 F.4th 1290 (11th Cir. 2022). Affirmed order denying motion to vacate international arbitration award.
Barnett v. Fitness Int’l, LLC, 2020 U.S. Dist. LEXIS 171460 (S.D. Fla. 2020). Granted motion to dismiss class action complaint asserting contract claims.
Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A., 2020 U.S. Dist. LEXIS 138107 (S.D. Fla. 2020); 2020 U.S. Dist. LEXIS 68018 (S.D. Fla. 2020). Denied motion to vacate international arbitration award.
Roller v. Red Payments L.L.C., 2019 U.S. Dist. LEXIS 135911 (E.D. Pa. 2019). Enforced forum selection clause in nationwide class action alleging fraud claims.
Fox v. First Data Merchant Services, 2018 U.S. Dist. LEXIS 15787 (S.D. Fla. 2018). Granted motion to dismiss contract claims in nationwide class action alleging unconscionable leases.
McDougal v. Comcast Corp., 2017 U.S. Dist. LEXIS 27200 (S.D. Fla. 2017). Compelled individual arbitration in nationwide class action alleging violation of Florida deceptive trade practices statute.
Savalli v. Gerber Products Co., 2016 WL 5390223 (S.D. Fla. 2017). Dismissed class action complaint asserting deceptive advertising claims.
Beach TV Cable Co., Inc. v. Comcast of Florida/Georgia, LLC, 2015 WL 8116515 (11th Cir. Dec. 8, 2015). Defeated appeal of order which stayed court action under the primary jurisdiction doctrine pending FCC’s resolution of plaintiff's claims.
Kaspers v. Comcast Corporation, 2015 WL 7145318 (11th Cir. 2015) Defeated plaintiff’s appeal of orders compelling arbitration and dismissing class claims.
Bowers v. Morrison, Brown, Argiz & Farra, LLC, 179 So. 3d 331 (Fla. 3d DCA 2015). Defeated appeal of order denying bank investors’ motion for class certification of negligent misrepresentation claims against bank’s auditor.
Lee v. Comcast Cable Communications, 2015 WL 4619806 (N.D. Ala. 2015).Compelled individual arbitration of RICO and civil conspiracy class claims.
In re Mobilactive Media, LLC, 2013 WL 297950 (Del. Ch. Jan. 25, 2013). Served as trial counsel in an action involving breach of fiduciary duty, breach of contract and fraudulent transfer claims.
McKenzie Check Advance of Florida, LLC v. Betts, 112 So. 3d 1176 (Fla. 2013). Successfully appealed a lower court decision invalidating our client’s arbitration agreement. The Florida Supreme Court reversed and upheld the arbitration provision.
Gonzales et al. v. Comcast Corporation, 2012 WL 10621 (E.D. Cal. Jan. 3, 2012). Defeated class certification of an action alleging that our client’s billing and service cancellation practices violated consumer protection laws.
In re Motions to Certify Classes Against Court Reporting Firms for Charges Relating to Word Indices, 715 F. Supp. 2d 1265 (S.D. Fla. 2010), aff’d sub nom. 439 Fed App’x 849 (11th Cir. 2011). Represented a national court reporting firm in defense of a class action alleging improper charges.
In re United States Sugar Corporation Litigation, 669 F. Supp. 2d 1301 (S.D. Fla. 2009). Represented a charitable foundation in a class action alleging that the foundation breached fiduciary duties under Delaware law to minority shareholders.
Served as trial counsel in an action challenging our client’s proposed $300 million redevelopment of a former golf course and country club.
Defeated a challenge to the construction of a new $275 million world-class, state-of-the-art science museum in downtown Miami, Florida
Defense of the United States' largest telecommunications services provider in numerous consumer class actions in state and federal courts around the country.
Defense of a real estate developer in class action litigation alleging construction defects.
