Timothy Ferguson
Managing Partner
Tim Ferguson is the Managing Partner of the Miami office of Foley Mansfield and heads the Miami toxic tort and products liability team. Tim has successfully defended various liability claims for some of the world’s largest product, equipment, and chemical manufacturers through trial, including a verdict that has been recognized as one of the top defense verdicts in Florida and in the country. In his over 20 years of litigation experience, he has successfully defended claims alleging exposure to asbestos, talc, benzene, radiation, chemical release, and mold. Further, Tim has obtained favorable verdicts in catastrophic injury commercial trucking cases and has won numerous dispositive motions for product manufacturers and premises clients, so that these matters are resolved in the client’s favor prior to trial.
In the construction arena, Tim has successfully represented and defended construction defect litigation claims on behalf of architects, contractors, mechanical engineers, and various subcontracting trades in both residential/condominium buildings and commercial buildings, including cases involving multi-level post tension structures. Tim has been able to use his background in construction to defend contractors, subcontractors, and architects in building related mold claims as well as in the defense of premises liability claims.
Additionally, Tim also heads the firm’s cannabis practice, has leadership positions in the DRI Cannabis Law section, and is currently pursuing his certification in cannabis consulting.
Tim now proudly serves on the Board of the Asian Pacific American Bar Association of South Florida, where he previously served as Treasurer for six years. He also currently serves as the Co-Chair of the DRI Cannabis Seminar, the DRI Asbestos Litigation Committee, and is a Founding Member of “Miami Guys for Good” who help raise funds for local charities. In the past, Tim has served as a Faculty Advisor Board Member of the Nova Southeastern University Paralegal Program, Vice-Chair of the Florida Bar Grievance Committee (17th Judicial Circuit), as a board member of the charity Kids in New Direction (KIND), as an investigative Member of the Florida Bar Grievance Committee, and is the former Chair and Co-Chair of the DRI Cannabis Sponsorship Committee.
- Florida
- Construction
- Premises Liability
- Toxic/Mass Tort
- Product Liability
- Personal Injury
- Medical Malpractice
- Cannabis
- St. John’s University School of Law, J.D.
- The State University of New York in Stony Brook, B.A.
- The Florida Bar
- National Asian Pacific American Bar Association
- Asian Pacific American Bar Association of South Florida, Treasurer, 2018-2023, Director, 2017-2018
- Defense Research Institute (DRI)
- The Claims & Litigation Management Alliance
- International Association of Defense Counsel
- Cannabis LAB
- Florida Super Lawyers®, 2017- 2023
- South Florida Legal Guide, Top Attorney, 2015-Present, Top Up and Comer, 2012-2014
- Florida Trend Legal Elite, 2015, 2019-Present
- Mediation Seminar presented to insurers in August, 2022
- Mass Torts and Class Action Panel, American Inns of Court (Spellman-Hoeveler Chapter) Bench & Bar Conference, 2019
- Double Trouble: A Plaintiff ’s’ Two-Prong Attack on Products that Integrate Talc & Asbestos, National Forum for Environmental & Toxic Tort Issues “FETTI”, 2018
- Preparing a Case for Trial: A Defense Perspective, 2010
- CVN Top Defense Verdicts of 2015, in the country, Courtroom View Network, January 2016.
- CVN Florida’s Super Six Trials of 2015: Part Two, The Defense Verdicts, Courtroom View Network, January 2016.
- Tim has defended a number of construction liability claims, for both design professionals, subcontractors and product suppliers; including defending an architect in a $56 Million dollar design defect claim of an apartment complex in Jacksonville, Florida.
- Nelson v. Heartland Metals Inc., et al., Highland County Case No. GC14-228, 10th Judicial Court of Florida. Timothy prevailed on a Motion for Summary Judgment in a case involving a premises client, who leased the property to an operating lead facility. Upon hearing argument, the Court granted summary judgment, finding the landlord not responsible for any alleged injuries to a third party under Florida law. (June 2017).
- Gonzalez v. Caterpillar Inc., et al., case number 2013-CA-031838, 11th Judicial Circuit Court of Florida in Miami-Dade County. Tim second chaired in the defense of Caterpillar in a $18.6 million wrongful death claim. This verdict was named among the “Top Ten Defense Verdicts” of 2015 in the United States and the “Top Super Six Trials of 2015” for defense verdicts in Florida by CVN.
- Matiska v. Chrysler, LLC, et al., case number 06-4964, 15th Judicial Circuit Court of Florida in Broward County. Tim assisted in the defense of Chrysler in a $3 million wrongful death claim resulting in a defense verdict.
- Tim has defended a variety of environmental and pollution claims involving fuel spills and hazardous chemical release; including a case where a subcontractor had been third partied in as a defendant and accused of cutting a fuel line, spilling hundreds of gallons of diesel fuel, resulting in an environment clean up claim of damages in excess of $150,000. Tim was able to successfully obtain a dismissal from the indemnification action filed by the general contractor in the case, without payment of any settlement monies on the third party claim.
- In July 2021, Tim and his partner, Eddie Medina, secured a victory for a national brake lining manufacturer, after the plaintiff resolved with all other defendants in a contested Motion for Summary Judgment. The Foley & Mansfield team prevailed ahead of their scheduled two-week trial under Florida’s new summary judgement rule, wherein they filed an Amicus Brief in support of the change to the current rule adopting the federal summary judgment standard, which took effect on May 1, 2021.
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