Mercer K. “Bud” Clarke

President & Shareholder

bclarke@csclawfirm.com

(305) 347-1556

Areas of Expertise in Litigation

Class Actions
Commercial Litigation
Employment Law
Insurance Coverage
Medical Malpractice
Personal Injury
Product Liability
Professional Liability

Professional Experience

Mr. Clarke is President and a founding principal of Clarke Silverglate & Campbell, P.A. He specializes in defending product liability (emphasis on pharmaceutical and medical device), toxic tort and professional malpractice claims, as well as complex claims arising out of commercial and employment disputes involving a variety of factual and legal issues. Mr. Clarke has tried more than 100 cases in state and federal courts throughout the state of Florida, and has represented appellants and appellees in the Florida and federal appellate courts and the Florida Supreme Court. He is a member of the Board of Directors of the International Association of Defense Counsel and has served as a faculty member at the IADC Trial Academy.

Mr. Clarke grew up in Ormond Beach, Florida, and graduated from Episcopal High School in Alexandria, Virginia, in 1962. He attended college at Washington & Lee University, where he received a Bachelor of Arts degree in Economics. Upon graduation, he served for two years as an officer in the United States Army, and in 1968, enrolled at the University of Florida School of Law, from which he graduated in 1970.

Mr. Clarke then joined the Miami firm of Smathers & Thompson as an Associate, became a Partner in 1974, and a Senior Partner in 1980. When Smathers & Thompson merged with Kelley Drye & Warren in 1987, he became an Equity Partner with Kelley Drye & Warren. In 1993, he co-founded Clarke & Silverglate, P.A. Mr. Clarke is AV rated by Martindale-Hubbell.  He is listed in The Best Lawyers in America in the areas of commercial and personal injury litigation and , along with the firm, in Chambers USA as one of the leading lawyers in Florida for business and product liability litigation. He has also been designated a Leading Florida Attorney in the specialties of Personal Injury Defense and Product Liability by Leading Attorney Network, Inc. He is annually ranked by his peers as one of the top attorneys in South Florida in the South Florida Legal Guide, and has been named one of Florida’s Legal Elite for 2004 through 2008 by Florida Trend magazine. Mr. Clarke is also listed in Who’s Who in America. 

Bar Admissions

Florida Bar, 1970

Court Admissions

United States Supreme Court
Eleventh and Fifth United States Circuit Courts of Appeal
United States District Court, Southern, Middle and Northern Districts of Florida
Florida Supreme Court

Activities & Memberships

American Bar Association
Dade County Bar Association
Dade County Defense Bar Association (Past President)
Defense Research Institute (Steering Committee, Drug and Medical Device Section)
Drug Information Association
Federal Bar Association
International Association of Defense Counsel (he has served as a faculty member at IADC Trial Academy and is currently a member of the Board of Directors)
Product Liability Advisory Council

Honors & Awards

• AV rated by Martindale-Hubbell
• Listed in The Best Lawyers in America in the area of Commercial and Personal Injury litigation
• Listed in Chambers USA as one of the leading lawyers for business in the state of Florida
• Designated a Leading Florida Attorney in the specialties of Personal Injury Defense and Product Liability Law by Leading Attorney Network, Inc.
• Annually selected by the South Florida Legal Guide as one of the top attorneys in South Florida
• Selected by Florida Trend as one of Florida's Legal Elite for 2004 through 2008
• Listed in Who's Who in America

Significant Reported Decisions

• Atlantic Richfield Co. v. Good Hope Refineries, Inc., 604 F.2d 865 (5th Cir. 1979)
• Barry College v. Hull, 353 So.2d 575 (Fla. 3d DCA 1977)
• Burke v. Ripp, 619 F.2d 354 (Fla. 5th DCA 1980)
• Espinal v. Royal Caribbean Cruises, Ltd., 253 F.3d 629 (11th Cir. 2001)
• Felix v. Hoffmann-LaRoche, Inc., 540 So.2d 102 (Fla. 1989)
• George v. Cigna Ins. Co., 691 So.2d 1209 (Fla. 3d DCA 1997)
• Juarbe v. SmithKline Beecham Clinical Laboratories, Inc., 762 So. 2d 534 (Fla. 4th DCA 2000)
• Joaquim v. Royal Caribbean Cruises, Ltd., 899 F. Supp. 600 (S.D. Fla. 1993)
• Jones v. Winn Dixie Stores, Inc., 75 F. Supp. 2d 1357 (S.D. Fla. 1999)
• Lamothe v. Equifax Credit Information Services, Inc., 718 So. 2d 326 (Fla.1998)
• Kunzie v. Family Medical Care P.A. et al., 12 Fla. L. Weekly Supp. 1047 (Circuit Court, 4th Judicial Circuit, 20050; affirmed sum nom, Kunzie v. Glaxo Wellcome, Inc., n/k/a SmithKline Beecham, 946 So.2d 450 (Fla. 1st DCA 2006)
• Mangio v. Equifax, Inc., 887 F. Supp. 283 (S.D. Fla. 1995)
• Nehme v. SmithKline Beecham Clinical Laboratories, Inc., 822 So.2d 519 (Fla. 5th DCA 2002)
• Supreme International Corp. v. Anheuser-Busch, Inc., 972 F. Supp. 604 (S.D. Fla. 1997)
• Panchal v. Carnival Cruise Lines, Inc., 648 So. 2d 245 (Fla. 4th DCA1994)
• Sanwa Bank, Ltd. v. Kato, 734 So.2d 557 (Fla. 5th DCA 1999)
• Scott Technologies, Inc. v. Reliance Ins. Co. of Illinois, 746 So.2d 1136 (Fla. 3d DCA 1999)
• Rafferman v. Carnival Cruise Lines, Inc., 659 So. 2d 1271 (Fla. 3d DCA 1995)
• Winn-Dixie Stores, Inc. v. Ferris, 408 So.2d 650 (Fla. 4th DCA 1981)

Education

• J.D., University of Florida College of Law, 1970
• B.A., Washington & Lee University, 1966

Publications

• Opening Statement from the Defense Perspective The Defense Speaks, 2006
• Advocacy Practice and Procedure Committee Newsletter, International Association of Defense Counsel Newsletter 94/95 - 04 February; Products Liability Committee Newsletter
• The Privilege of Self-Critical Analysis in the Context of Cases Involving Personal Injury or Injury to Property, International Association of Defense Counsel Newsletter 94/95 - 04, October.
• FDA Preemption: How Far Has It Come and How Far Can It Go?, International Association of Defense Counsel, Drug, Device & Biotech Committee Newsletter, December 2006
• Jury Selection from the Defense Perspective, Trial Tactics Defense Litigation Manual, DRI, 2006
• Defending the Damages-Only Case, FDCC Quarterly, Spring, 2008