Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims
Professional liability claims impact a multitude of professions, including those...
Frank Sheppard serves as Managing Partner of RumbergerKirk and focuses his practice in the areas of professional liability, employment and commercial litigation. A seasoned trial lawyer, Frank represents companies and individuals in complex civil matters, as well as appeals, in both state and federal courts throughout the state of Florida. His practice includes cases that are often high profile and which involve numerous and complex issues including claims for fraud, breach of fiduciary duty, and statutory violations.
Frank defends professionals from a variety of industries including legal, healthcare, construction, and financial institutions against claims of malpractice. Frank’s years of experience as Managing Partner have been particularly helpful in his defense of lawyers and law firms in legal malpractice matters. Frank also represents physicians, nurses, physician’s assistants and mental healthcare providers, as well as other business professionals including accountants, insurance agents, real estate agents, architects and engineers. Such claims are brought alleging failure to perform on the part of, financial loss caused by, an error or omission in the service or product sold. Frank was selected as The Best Lawyers in America© 2024 “Lawyer of the Year” for Professional Malpractice Law- Defendants, honor received by only one attorney for each specialty and location.
He represents employers in the public and private sectors in cases involving claims of harassment, wrongful termination, retaliation, and violations of civil rights. Frank defends clients against claims of discrimination based on gender, age, ethnicity, religion and disability under the ADA. He has particular experience in defending school boards and other educational institutions, including claims based on the Individuals with Disabilities Education Act (IDEA). Outside of the courtroom, he speaks to clients and public groups on topics pertaining to employment litigation and counsels clients on a variety of employment matters.
Frank also represents individuals and companies in commercial litigation matters including contract disputes, non-compete agreements, real estate disputes and claims under the Uniform Commercial Code.
Active in local civic organizations, Frank serves the community as Chair of the Board of Directors for Hospice of the Comforter and as a member of the Florida Hospital Foundation Executive Board.
U.S. Dist. LEXIS 27776 (M.D. Fla. 2006)
Summary judgment in favor of client rejecting claim of racial discrimination on behalf of school board.
Middle District of Florida
936 F.Supp. 900 (M.D. Fla. 1996)
Affirming summary judgment in favor of client after excluding Plaintiff’s expert witness following the first Daubert evidentiary hearing in the Middle District of Florida.
2006 U.S. Dist. LEXIS 1452 (M.D. Fla. 2006)
Summary judgment granted on Plaintiff’s Section 1983 due process and state law claims arising out of a commercial lease dispute with the government authority responsible for management of Port Canaveral and Florida’s East Coast.
110 F.3d 797; (U.S. Ct.App. 1997)
Affirming summary judgment in favor of client defending First Amendment and religious discrimination claims.
Eleventh Circuit on appeal
Multi-plaintiff racial discrimination case tried for two and a half weeks in federal court to a defense verdict and affirmed by the Eleventh Circuit on appeal.
86 F.2d 1169; 1996 U.S. App. LEXIS 13531
Affirming summary judgment on employment case.
974 F.2d 1347; (U.S. Ct.App. 1992)
Obtained summary judgment rejecting sexual harassment claim on behalf of the school board; summary judgment affirmed on appeal.
634 So. 2d 806; (Fla. Ct.App. 1994)
First Amendment case challenging the observation of Halloween in the schools.
2006 U.S. Dist. LEXIS 36766 (D.Fla. 2005)
Summary judgment in favor of client rejecting First Amendment Retaliation Claim and Florida Whistleblower claim on behalf of the school board.
84 F.3d 1376; (U.S. Ct.App. 1996)
Summary judgment in favor of client defending IDEA claim by parents of hearing impaired child; decision affirmed by the 11th Circuit on appeal.
Florida Supreme Court
629 So.2d 835 (Fla. 1993)
Florida Supreme Court ruled that a psychologist was not a health care provider for the purpose of the Medical Malpractice Act.
2008 U.S. Dist. LEXIS 22179 (M. Dist. Fla. 2008)
Obtained summary judgment in favor of Seminole County School Board in federal court, in an ADA failure to accommodate case.
Obtained summary judgment in a highly publicized case. Plaintiff sued the OCSB claiming that the School Board retaliated against her in violation of her first Amendment Rights and claimed damages in excess of $20 million.
Committee on Student Education and Admissions to the Bar — Former member
Former member, Board of Directors
Chairman, Board of Directors
Florida State University College of Law — J.D., with honors, 1984
Florida State University — B.S., Finance, cum laude, 1981