Jenna L. Fischman is a partner in the Miami office of Lewis Brisbois and a member of the Appellate and Complex Business and Commercial Litigation Practices. Jenna focuses on appeals and appellate trial support in federal court and Florida state court. Jenna has argued and prevailed on appeals in Florida’s District Courts of Appeal.
In addition to handling appeals, Jenna provides pre-trial, trial, and post-trial civil litigation support in federal and Florida state court, including drafting and arguing complex pretrial motions, case dispositive motions, jury instructions and verdict forms, and post-trial motions.
Jenna excels in finding creating solutions to complex problems for clients at both the trial and appellate levels. Jenna’s areas of concentration include commercial litigation, general liability, products liability, personal-injury defense, broker liability, equine-related litigation, and real estate.
Jenna earned her B.A. in Political Science and History from Northwestern University, and her J.D. from the University of Florida, Levin College of Law. Prior to joining Lewis Brisbois, Jenna clerked for the Honorable Jonathan Goodman of the Southern District of Florida. She also worked at a boutique commercial litigation firm, where she obtained favorable verdicts and settlements for her clients in both state and federal court.
Primary Area(s) of Practice
- Complex Business & Commercial Litigation
United States District Court for the Southern District of Florida
United States District Court for the Middle District of Florida
United States District Court for the Northern District of Florida
United States Court of Appeals for the Eleventh Circuit
- Northwestern University Club of Southeast Florida, Young Alumni Director, 2018–2019
- Federal Bar Association, South Florida Chapter, Member, 2018
- Dade County Bar Association Young Lawyers Section, Director, 2013–2017
Awards & Honors
- "Ones to Watch," Commercial Litigation, Best Lawyers, 2021—2022
- Notes and Comments Editor, University of Florida Law Review
- Deans' List for all Semesters of Law School
- Best Torts Tutor Award
University of Florida Levin College of Law
Juris Doctor, cum laude, 2012
Bachelor of Arts in Political Science and European History, 2009
Institut d'Etudes Politique de PARIS (Sciences Po)
European Union Studies, 2007
- Fasang-Brown v. Visit Us, Inc., 2021 WL 1201381, 46 Fla. L. Weekly D 711, 2021 Fla. App. LEXIS 4538 (Fla. 3d DCA March 31, 2021)—As a part of a team with Miami Appellate Partner David L. Luck, secured affirmance of a trial court’s order granting the defendant’s Forum Non Conveniens motion where the U.S.-based plaintiffs alleged a premises-liability claim arising out of a foreign hotel.
- Rosedown Racing Stables, LLC v. Goldthorpe, No. 20-CIV-80629-RAR, 2020 U.S. Dist. LEXIS 243185 (S.D. Fla. Dec. 22, 2020). As part of a team with Miami Administrative Partner Seth V. Alhadeff, obtained a dismissal under Federal Rule of Civil Procedure 41(b) for an equine insurance broker, who was sued by a former client regarding insurance premiums for his racehorses.
- Ballard v. Boca Ciega Inv’rs, Inc., Case No. 2D20-181, 2020 Fla. App. LEXIS 12648, 2020 WL 5408051 (Fla. 2d DCA Sep. 9, 2020). As part of a team with Appellate Partner, David L. Luck, secured affirmance of a trial-court order compelling enforcement of mandatory arbitration provisions contained in nursing-home residency agreements.
- Samsung SDI Co. v. Hildreth, 299 So. 3d 582, 583 (Fla. 2d DCA 2020). As part of a team with Miami partners, David L. Luck and Alexander Fumagali, obtained reversal of the trial court’s orders denying Samsung SDI Co., Ltd.’s motions for protective order regarding plaintiff’s attempts to include upfront sharing provisions in confidentiality orders. The Florida plaintiff desired to share all confidential discovery (trade secrets and proprietary business information) gathered from Samsung SDI Co., Ltd. with other plaintiff’s lawyers across the country, with no intervention of those lawyers in the Florida action, and with no rulings that such discovery obtained in Florida complied with the discovery laws of the jurisdictions in which those outside plaintiff’s lawyers sought to use the materials. In addition to reversing on this discovery issue and requiring confidentiality orders with no upfront sharing provisions, Florida’s Second District Court of Appeal further agreed with Samsung SDI Co., Ltd. that it was improper for the trial court and its magistrate judge to make “public hazard” determinations as to Samsung SDI Co., Ltd.’s products under Florida’s Sunshine in Litigation Act.
- Schmidt v. Wash. Newspaper Publ’g Co., LLC, No. 20-cv-00830-BAS-NLS, 2020 U.S. Dist. LEXIS 112787, 2020 WL 3487806 (S.D. Cal. June 26, 2020). As part of a team with Miami appellate associate, Brian S. Goldenberg and Appellate Partner David L. Luck, defeated, with prejudice, a forum-shopping plaintiff’s attempts to assert defamation claims against a D.C.-based newspaper and website publisher, after previously having defeated the same plaintiff’s claims on the same alleged defamation claims in Florida federal court and Delaware state court.
- McCasland v. Pro Guard Coatings, Inc., 799 F. App’x 731 (11th Cir. 2020). As part of a team with Miami Appellate Partner, David L. Luck, secured affirmance of a defense summary judgment in an alleged products-liability action. The result was a defense final judgment as a matter of law in favor of the manufacturer of a paint-based roof-patching material.
- Vazquez Santiago v. Lakeland Drag Strip Inc., 288 So. 3d 28 (Fla. 2d DCA 2019). As part of a team with Miami Appellate Partner, David L. Luck, obtained affirmance of a defense summary judgment in an alleged wrongful-death action, stemming from a crash at a Central Florida dragstrip.
- Pegasus Aviation IV, Inc. v. Aircraft Composite Techs., Inc., No. 16-cv-21255-UU, 2016 U.S. Dist. LEXIS 79397, *1, 2016 WL 3390122 (S.D. Fla. June 17, 2016)
- Mario Capone v. Joseph Klock, Case No. 15-006853-CA 21 (June 15, 2016, Miami-Dade County Trial Court, J. Antonio Arzola). After a three-day jury trial, obtained a complete verdict for plaintiff dry cleaner for damages stemming from breach-of-contract-related claims.
- Mana v. Cho, 147 So.3d 1098 (Fla. 3d DCA 2014). Prevailed on a petition for writ of certiorari for a developer against his real estate brokers. The Third District quashed the trial court's discovery order compelling the developer to produce his personal financial information, such as tax returns and income statements, to the defendant real estate brokers. The Third District held that the developer’s personal financial information was not relevant for discovery purposes since he sought as damages only the difference between the contract price and fair market value of land, and not compensatory damages
- Robert Darenberg v. Headhunter, Inc., Case No. 12-60151-CIV-Zloch (Dec. 17, 2013). Prevailed on a Federal Rule of Civil Procedure 50 Motion for Judgment as a Matter of Law for the Defendant in a case stemming from an alleged violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. regarding a failure to hire due to age. After a two-day jury trial, United States District Judge William Zloch granted defendant’s motion for judgment as a matter of law at the close of the evidence and entered judgment in favor of the defendant.
Pro Bono & Philanthropy
- Legal Up, (taught landlord/tenant law to juveniles at a high security detention center)
- Open Books Literacy (tutored children in the South Side of Chicago)