Nancy A. Copperthwaite

People

Nancy Copperthwaite litigates complex disputes, including class actions and appeals, and advises employers on employment law issues. She has handled more than 400 appeals and has appeared in all of Florida’s six district courts of appeal (DCA), as well as in the Florida Supreme Court and the United States Court of Appeals for the Eleventh Circuit

Ranked by Best Lawyers in America for appellate work, her diverse experience includes handling appeals of bankruptcy proceedings, class actions, complex commercial matters, employment disputes, land use matters, real estate litigation and securities cases. She served as Chair of the Appellate Court Committee of the Dade County Bar Association.

Notable Work

Antitrust:

Represented Nielsen in a case of first impression relating to standing under federal and Florida antitrust laws. Sunbeam Television Corp. v. Nielsen Media Research, Inc., 711 F.3d 1264 (11th Cir. 2013).

Class Actions:

Represented homeowners insurer in a case of first impression regarding the interpretation of a Florida interest statute, which bars private actions for alleged violations of its provisions. Williams v. Universal Prop. & Cas. Ins. Co., No. 23-12283, 2025 WL 574244 (11th Cir. Feb. 21, 2025).
Represented auto insurer in a case of first impression concerning the alleged preemption of Florida’s no-fault law by the federal Medicare Secondary Payer Act. MSP Recovery Claims, Series LLC v. United Auto. Ins. Co., 60 F.4th 1314 (11th Cir. 2023).
Represented auto insurer in discretionary class certification appeal of claims for injunctive and declaratory relief. AA Suncoast Chiropractic Clinic, P.A. v. Progressive Am. Ins. Co., 938 F.3d 1170 (11th Cir. 2019).
Represented auto insurer in appeal challenging Florida PIP Statute’s provision relating to emergency medical care. Enivert v. Progressive Select Ins. Co., 809 F.3d 583 (11th Cir. 2015).
Represented insurer in a case of first impression involving an opt-out class claim. Bay Area Inj. Rehab Specialists Holdings v. United Servs. Auto. Ass’n, 173 So. 3d 1004 (Fla. 2d DCA 2015).
Represented auto insurer in class action suit complaining about insurer’s subrogation practices. Monte de Oca v. State Farm Fire & Cas. Co., 897 So. 2d 471 (Fla. 3d DCA 2004) (en banc).
Represented insurer in appeal addressing the standing requirements for class claims. Graham v. State Farm Fire & Cas. Co., 813 So. 2d 273 (Fla. 5th DCA 2002).
Represented insurer in appellate proceedings arising from putative subrogation class action. Kendrick v. State Farm Mut. Auto. Ins. Co., 822 So. 2d 516 (Fla. 3d DCA 2002) (reversing class certification); 780 So. 2d 231 (Fla. 3d DCA 2001) (involving discovery dispute).

Contract Claims:

Represented client in attorney’s appeal of tortious interference with contract claim. Font & Nelson, PLLC v. Path Med., LLC, 317 So. 3d 134 (Fla. 4th DCA 2021).
Represented auto dealer in appeal clarifying the scope of the Florida broker statute in the sale of an auto dealership. Meteor Motors, Inc. v. Thompson Halbach & Assocs., 914 So. 2d 479 (Fla. 4th DCA 2005).

Due Process:

Represented client in post-trial proceedings seeking to impose liability on multiple non-parties for a default judgment of $1.1 billion in a wrongful death suit. Gen. Elec. Cap. Corp. v. Shattuck, 132 So. 3d 908 (Fla. 2d DCA 2014).

Insurance Disputes:

Represented auto insurer in case of first impression regarding Florida’s requirements for deductible elections. USAA Cas. Ins. Co. v. Emergency Physicians, Inc., 393 So. 3d 257 (Fla. 5th DCA 2024).
Represented insurer in case of first impression regarding payment limitations under the fee schedule contained in the Florida PIP Statute. MRI Assocs. of Tampa, Inc. v. State Farm Mut. Auto. Ins. Co., 334 So. 3d 577 (Fla. 2021).
Represented insurer in case of first impression regarding the Florida PIP Statute’s pre-suit demand requirement. Rivera v. State Farm Mut. Auto. Ins. Co., 317 So. 3d 197 (Fla. 3d DCA 2021).
Represented auto insurer in five consolidated appeals, presenting an issue of first impression regarding the application of Medicare coding policies to PIP reimbursements. State Farm Mut. Auto. Ins. Co. v. PanAm Diagnostic Servs., Inc., 321 So. 3d 807 (Fla. 4th DCA 2021); State Farm Mut. Auto. Ins. Co. v. Stand-Up MRI of Boca Raton, P.A., 322 So. 3d 87 (Fla. 4th DCA 2021).

Employment Claims:

Represented employer in appeal involving Florida Whistleblower Act. Morin v. Florida Power & Light Co., 963 So. 2d 258 (Fla. 3d DCA 2007).
Represented governmental entity in a case of first impression regarding the intra-corporate conspiracy doctrine for a civil rights claim. Dickerson v. Alachua Cnty. Comm’n, 200 F.3d 761 (11th Cir. 2000).

International Disputes:

Represented Brazilian corporation seeking to enforce settlement agreement in Florida. Luxor Agentes Autonomos de Investimientos, Ltda. v. Intertransfers, Inc., 638 F. App’x 925 (11th Cir. 2016).

Securities Matters:

Represented defendant in appeal of a sanctions award for frivolous securities and RICO claims. Smith v. Viragen, Inc., 902 So. 2d 187 (Fla. 3d DCA 2005).

Show all

Law Clerk to the Honorable Daniel H. Huyett (E.D. Pa.), 1985-86
University of Miami School of Law, Instructor, 1984-85

Dade County Bar Association, Member
Dade County Bar Association, Appellate Court Committee, Past Chair
Monroe County Bar Association, Member
Princeton Club of South Florida, Treasurer and Past President
Third DCA Historical Society, Charter Member

Best Lawyers, 2013-2026, Listed in Florida for Appellate Practice and Insurance Law
Super Lawyers Magazine 2014-2022, Listed in Florida for Appellate

Nancy A. Copperthwaite

Notable Work

Related Professional Experience

Affiliations

Honors and Distinctions

Areas of Experience

Education

Admissions

Bars

Courts

Related Content

Welcome to our new site