Lance August Harke P.A.
Lance A. Harke is a founding partner and trial lawyer at Harke Clasby & Bushman LLP in Miami, Florida. His practice concentrates in multi-state consumer class action litigation, insurance litigation, employment matters, professional malpractice, products liability defense, and general and complex commercial litigation. Mr. Harke has appeared and argued before many state and federal courts across the country, and recently assisted in the defense of a pro bono criminal matter in New Mexico that was broadcast on Court TV. He is a frequent lecturer and author of on discovery, trial techniques and the rules of civil procedure, and a graduate of several NITA trial programs.
Mr. Harke is admitted to practice law in the state of Florida, the United States District Courts for the Southern and Northern Districts of Florida, and the United States Court of Appeals for the Eleventh Circuit. In addition to Florida, Mr. Harke has tried matters to verdict in a number of states and federal venues, including Pennsylvania, Nevada, New Mexico, Iowa, Illinois, and New York. He is AV rated by the Florida Bar.
Over just the last year, Mr. Harke serving as Lead Class Counsel or as a member of the Plaintiffs' Steering Committee, obtained over $225 million for consumers in both mass tort and class action litigation. Some of the notable cases that were successfully litigated include:
Eugene Francis v. Serono Laboratories, Inc., et al. (Serostim), Case No. 06-10613 PBS (U.S. District Court of Mass.) (As Co-Class Counsel obtained a $24 million cash settlement in a nationwide class action litigation against multiple entities regarding the deceptive and illegal marketing, sales and promotional activities for the AIDS wasting prescription drug Serostim).
In Re: Guidant Corp. Implantable Defibrillators Products Liability Litigation,
MDL No. 1708 (currently pending in the United States District Court for the District of Minnesota Court) (as a member of the Plaintiff's Steering Committee, obtained a $245 million dollar settlement for patients in this nationwide mass tort class action regarding the sale of defective cardiac defibrillators and pacemakers).
Carlos Perez, et al. v. Asurion Corporation, et al., Case No.: 06-20734-CIV-SEITZ/MCALILEY (S.D. Fla) (served as Co-Lead Counsel in a nationwide class action involving deceptive marketing of replacement cell phones and obtained a multi-million dollar settlement).
Lockwood et al. v. Certegy Check Services, Inc., Case No.: 8:07-CV-01657-SDM-MSS (M.D. Fla.) (served as Co-Lead Class Counsel in a class action on behalf of millions of consumers nationwide who had their private financial information sold to various third party marketing companies without authorization, and secured a settlement valued at over $75 million dollars).
In Re High Sulfur Content Gasoline Products Liability Litigation (Shell), MDL No. 1632 (acted as a Class Counsel and member of Plaintiffs' Steering Committee in a nationwide class action litigation that obtained millions of dollars in benefits to class members regarding the sale of defective and dangerous gasoline products to the consuming public).
In re Grand Theft Auto Video Game Consumer Litigation, MDL Docket No. 1739 (obtained a multi-million dollar settlement as a member of the Plaintiff's Steering Committee for this nationwide consumer class action regarding the sale of video games with hidden pornographic material embedded inside the games without disclosure to the consuming public).
Brian Shapiro v. Seaway Hotels Corporation, Case No.: 03-12917-CA-10 (Fla. 11th Jud. Cir. Ct.) (acted as Lead Class Counsel in a nationwide litigation regarding alleged deceptive charges regarding hotel fees).
Rosen v. Kryptonite Corporation, Case No. 04 CH 15345 (Cir. Ct. of Cook Co., Ill.) (acted as Co-Lead Class Counsel in a nationwide defective bike locks litigation, obtaining substantial relief for the class).
Fernandez, et al. v. Vitamin Shoppe Industries Inc., et al., Case No.: 03-25607-CA-30 (Fla. 11th Jud. Cir. Ct.) (acted as Co-Lead Class Counsel in a nationwide litigation regarding alleged deceptive pricing scheme perpetrated by the defendants).
Maravilla v. Buy.com, Case No. 02-5237-CA-08 (Fla. 11th Jud. Cir. Ct.) (acted as primary counsel for a consumer class action regarding alleged deceptive shipping charges by the defendant).
In re MP3 Power Razor Marketing & Sales Practices Litigation, MDL Docket No. 1704 (appointed as a member of the Plaintiff's Steering Committee for this nationwide consumer class action regarding the deceptive practices of the Gillette Company in the sale and marketing of its of MP3 power razor systems).
In re: Bausch & Lomb Contact Lens Solution Products Liability Litigation, MDL Docket No. 1785 (appointed as a member of the Plaintiff's Steering Committee for this nationwide consumer class action regarding the sale of defective nature of the design and manufacture of ReNu contact lens solutions).
In re: Live Concert Antitrust Litigation, MDL Docket No. 1745 (C.D. Cal.) (appointed to the Executive Committee by the Honorable Stephen V. Wilson in a nationwide antitrust class action regarding the alleged fixing of prices for live concert tickets).
Hoyos v. McDonald's Corporation, et al., Case No.: 01-20463-CA-24 (Fla. 11th Jud. Cir. Ct.) (acted as counsel for Florida consumers in a litigation concerning certain McDonald's promotional games and arose from the fraudulent removal of winning game pieces from random public distribution. The settlement of this case is valued at approximately $20 million, which included fifteen $1 million prizes given away by McDonald's).
Marguerite Miles, et al. v. America Online, Inc., Case No. 8:00cv273-T-24C, (M.D.Fla. 2000) (acted as primary counsel for a class of consumers for alleged deceptive practices of the defendant as well as violation of the Computer Fraud and Abuse Act).
E.I. du Pont de Nemours and Company, Inc., (DuPont) (defense of numerous products liability suits against one of the largest chemical companies in the world).
Julio Rumbaut v. Spanish Broadcasting System, Case No. 01-14249 CA 09 (Fla. 11th Jud. Cir. Ct.) (successful defense at trial of second largest Hispanic radio corporation regarding employment compensation claim, including appeal, settled on appeal).
In Re Vioxx Products Liability Litigation, MDL 1657(acted as a member of the State Purchaser Committee in a products liability mass tort action which resulted in a $4.5 billion settlement for consumers).
In Re Bextra and Celebrex Marketing, Sales Practices, and Product Liability Litigation, MDL No.: 05-01699 (Member of the Purchaser Claims Committee in a mass tort action on behalf of millions of consumers nationwide).
United States District Judge Patricia Seitz of the Southern District of Florida, recently commented as follows:
The firms that comprise Class Counsel have the experience, reputation and ability to litigate complex class actions, as the Court has already found in preliminarily approving the Settlement.
Class Counsel Harke & Clasby also has experience in class action litigation, particularly in consumer class actions, having represented plaintiffs in nationwide class actions including consumer product and deceptive marketing class actions and other complex, large-scale litigations throughout the United States in both state and federal courts.
Represents clients such as New York Life Insurance Company, Aetna Casualty and Surety Company, E.I. du Pont de Nemours 7 Co. and Florida Power & Light in a variety of products liability, insurance defense and other commercial matters.
Developed an active national litigation practice, handling cases in federal and state courts in cities as diverse as Philadelphia, Las Vegas, Albuquerque and Sioux City, Iowa.
Recently assisted in the defense of a pro bono criminal matter in New Mexico that was broadcast on Court TV.
Active trial lawyer having appeared before most state and federal judges at the trial and appellate levels within Florida.
Represents a variety of small and growing companies on the resolution and avoidance of litigation and strategic advice on issues related to litigation.
U.S. Magistrate Judge Hon. Barry L. Garber, Southern District of Florida; Law Clerk 1992.
National Institute for Trial Advocacy (NITA); Graduate Basic Trial and Advanced Trial Programs.
Year Joined Firm
Areas of Practice
- Commercial Litigation
- Products Liability
- Business Torts
- Insurance Defense
- Class Actions
- General Civil Litigation
- Civil Appeals
- Defective Prescription Drugs(Vioxx)
- 100% of Practice Devoted to Litigation
Certified Legal Specialties
- Graduate, Basic Trial and Advanced Trial Programs, National Institute for Trial Advocacy (NITA)
- Florida, 1990
- U.S. District Court Middle District of Florida, 1991
- U.S. District Court Northern District of Florida, 1998
- U.S. District Court Southern District of Florida, 1992
- University of Miami School of Law, Coral Gables, Florida
- J.D. cum laude - 1990
- Honors: Order of the Coif, Member
- Major: Law
- Law Review: University of Miami Law Review, Editor-in-Chief, 1989
- University of Florida, Gainesville, FL, USA
- B.A. - 1987
- Honors: With High Honors
- Major: Philosophy
- The Scope of Discovery in the Federal Courts: A Survey of Published, Post-1980 Cases From the Federal Courts Regarding the Scope of Permissible Discovery in Civil Litigation (Editor), American Bar Association, Section of Litigation
- Product Liability Desk Reference: A Fifty State Compendium (Contributing Author), Aspen Law and Business
- "From the Federal Bench" column, Industrywide Liability News
- New York Life Insurance Company
- Aetna Casualty and Surety Company
- E.I. du Pont de Nemours & Co.
- Florida Power & Light
- Frequent Lecturer and Author on Discovery, Trial Techniques and the Rules of Civil Procedure
- Adjunct Professor, St. Thomas University School of Law, 1991 - Present
- Trial Techniques Program, Emory University School of Law
- Moderator/Organizer, JURIS: The Southern District of Florida Training Program for Federal Law Clerks
Honors and Awards
- Peter T. Fay American Inn of Court
- International Who's Who of Professionals
Professional Associations and Memberships
- American Bar Association, Co-Chair, Subcommittee on Federal Rules Revisions
- Dade County Bar Association, Member, Federal Court Committee
- Federal Bar Association
- Defense Research Institute, Member, Industrywide Litigation Committee
- Greater Miami Jewish Federation
- Greater Miami Shores Chamber of Commerce, Director
Past Employment Positions
- U.S. Magistrate Judge Hon. Barry L. Garber, United States District Court, Southern District of Florida, Law Clerk, 1992
- Omicron Delta Kappa