Jay Andrew Yagoda

Jay Yagoda is a shareholder in the Miami Appeals & Legal Issues and Litigation Practice groups. He brings a practical approach to resolving complex legal disputes, shaped by his role as a government attorney at one of the nation’s busiest U.S. Attorney’s Offices, over a decade’s worth of experience in private practice, and a judicial clerkship at the Florida Supreme Court.

Before returning to private practice, Jay served in the Appellate Division of the U.S. Attorney’s Office for the Southern District of Florida, first, as a line Assistant U.S. Attorney and, later, in a leadership role as an Acting Deputy Chief. For the federal government, Jay briefed and argued civil and criminal cases before the U.S. Court of Appeals for the Eleventh Circuit, worked closely with trial teams across multiple divisions to preserve issues and strengthen cases for appeal, and often gave guidance on novel legal questions with implications beyond individual cases.

Jay now applies his government experience to guide legal strategy across all phases of his private-sector practice, from pre-suit to appeal. In trial courts, he acts as embedded appellate counsel, providing support in preserving critical legal issues, drafting and arguing case-dispositive motions, advising on jury instructions and verdict forms, and managing post-judgment motion practice and attorney’s fee disputes. And in appellate courts, Jay helps clients challenge and defend trial court rulings, crafts appellate briefs, and presents oral arguments before state and federal appellate courts, including Florida’s District Courts of Appeal and the U.S. Courts of Appeals.

Jay is also active in the Florida appellate community. He is the Immediate Past President of the Third District Court of Appeal Historical Society, after having served on the Society’s Board of Directors for four years, and he has served two terms on the Executive Council of the Appellate Practice Section of The Florida Bar. For representing the future of Florida’s legal profession, Florida Trend’s Legal Elite recognized Jay as an Up and Comer in 2021 and 2022.

Concentrations

•Civil and criminal appeals
•Litigation strategy, trial support, and preservation
•Jury instructions and verdict forms
•Land use/developer litigation and appeals
•Attorneys’ fees and corporate advancement litigation
•Punitive damages litigation
•Mass torts and multidistrict litigation
•Products liability litigation
•Pharmaceutical, medical device, and health care litigation
•Education finance litigation

Judicial Clerkships

•Hon. Barbara J. Pariente, Supreme Court of Florida, 2010-2012

Recognition & Leadership

Awards & Accolades

•Team Member, Daily Business Review, 'Florida Legal Awards: Cross Border Disputes Award,' 2023
•Listed, Super Lawyers magazine, Florida Super Lawyers, 'Rising Stars,' 2015-2023
•Listed, Florida Trend, Legal Elite, 'Up and Comers,' 2021-2022