PROFESSIONAL RESUME

PATRICK JOHN McGINLEY, Esq.
2265 Lee Road Suite 100
Winter Park, FL 32789
(407) 681-2700

SUMMARY OF QUALIFICATIONS

Lawyer.
More than 16 years of experience in Florida's courtrooms.
Author of three nationally-distributed law books.
Board Certified by The Florida Bar as an expert in Appellate Practice.

EDUCATION

Juris Doctor, Magna Cum Laude
Florida State University, Tallahassee, FL
        1993-1996.
        Law Review (1994-1996).
        Moot Court (1994-1996).
        Editor-in-Chief, Journal of Transnational Law and Policy (1995-1996).
        Executive Editor, Journal of Transnational Law and Policy (1994-1995).
        Law Review Ausley Scholar (a research and writing award) (1995-1996).
        Best Appellate Oralist in Class (1994).
        Best in Class Book Award, Property Law (1994).
        Best in Class Book Award, Agency and Partnership Law (1995).
        Best in Class Book Award, Bankruptcy Policy Seminar (1996).

Bachelor of Science, Summa Cum Laude
University of Central Florida, Orlando, FL
        1991–1993.             
        Major in Business Administration.

Associate in Arts, With High Honors
Daytona State College, Daytona Beach, FL
         1989-1991.
         Major in Computer Science.

PROFESSIONAL EXPERIENCE

Managing Attorney (2001 - present), Winter Park, FL
Law Office of Patrick John McGinley, P.A.
2265 Lee Road Suite 100, Winter Park, FL 32789.
       I created this law firm in 2001.  
       We defend large corporate clients such as United Air Lines, La Petite
    Academy, Atlas Van Lines, Office Max, Florida Institute of Technology, and
    others.
        I have more than 15 years of experience in appellate practice, estate
    planning, and workers' compensation defense of employers.

Attorney (1997 - 2001), Winter Park, FL
Pyle, Jones, Hurley & Hand, P.A.
1069 West Morse Blvd., Winter Park, FL 32789.
       Appellate practice and trial-level defense of corporations/employers.

Attorney (1997), Orlando, FL
Zimmerman, Shuffield, Kiser and Sutcliffe, P.A.
315 E. Robinson St., Suite 600, Orlando, FL 32801.
        Appellate practice and trial-level defense of corporations/employers.

Attorney (1996), Tallahassee, FL
and Law Clerk (1994-1996)
McFarlain & Cassedy, P.A.
305 S. Gadsden St., Tallahassee, FL 32301.
        As an attorney, I defended insured clients against liability and personal
    injury claims.
        As a law clerk, I was the research assistant for the Honorable Charles
    Stampelos (who is now Deputy Chief Judge at the Florida Division of
    Administrative Hearings)

Editor-in-Chief (1995–1996), Tallahassee, FL
and Executive Editor (1994-1995).
Journal of Transnational Law & Policy, The Florida State University College of Law.
        As Editor-in-Chief, I had primary responsibility for all aspects of this bi-
    annual scholarly journal of current topics in international law.
         As Executive Editor, I supervised assistant editors and served as the
    primary author contact person.

Teaching Assistant (1994-1996), Tallahassee, FL
The Florida State University College of Law.
         As a Teaching Assistant to Law School Dean Donald J. Weidner and
    Professor Rob Atkinson, I gave an optional weekly lecture summarizing the
    topics taught that week by the professor.  
         I held office hours for individually answering student questions.  
         I drafted student workbooks and lecture outlines to accompany my
    lectures.  
         My lectures taught the substantive area of Property Law.  

LICENSES AND CERTIFICATIONS

Licensed to Practice Law before All Florida Courts and Agencies (1996-present).      
Member, The Florida Bar (license number 0085881).
          Member, Appellate Practice and Workers’ Compensation sections.

Licensed for Federal Trials and Appeals (1996-present) .      
          Member, United States Supreme Court
          Member, United States Court of Appeals for the Armed Forces
    (Washington, D.C.)
          Member, United States Court of Appeals for Veterans Claims
    (Washington, D.C.)
          Member, United States Court of International Trade (New York, N.Y.)
          Member, United States District Court for the Northern District of Florida.
          Member, United States District Court for the Middle District of Florida.

Certified Instructor (certified in 2005).
by the Florida Department of Financial Services.
(formerly known as the Florida Department of Insurance)
          Certified to teach Continuing Education classes to state-licensed
    insurance adjusters and insurance claims professionals.

LAW BOOKS CURRENTLY PUBLISHED ANNUALLY

Florida Workers’ Compensation (West Publishing).
          Published by the largest law book publisher in North America.
          Two volumes (approximately 2,400 pages).
          Available in print and on WestLaw.
          Re-printed and updated annually.
          Cited as an authority in several opinions by Florida's First District Court
    of Appeal.

Florida Elements of an Action (West Publishing).
          Published by the largest law book publisher in North America.
          One volume (approximately 1,200 pages).
          Available in print and on WestLaw.
          Re-printed and updated annually.
          Analyzes the substantive law of over 60 different Florida causes of
    action, including the origin and elements of the claim, the likely defenses,
    and helpful pleading and practice materials.

Florida Insurance Law (West Publishing).
         Published by the largest law book publisher in North America.
         One volume (approximately 1,200 pages).
         Available in print and on WestLaw.
         Re-printed and updated annually.
         Unlike my other law books, I am joined by five noted co-authors.
         My co-authors and I analyze various substantive areas including auto
    insurance, health insurance, homeowners' insurance, workers' compensation
    insurance, and Non-Erisa Disability Insurance.

Florida Municipal Law (accepted for future publication by West Publishing).

LAW BOOKS FORMERLY PUBLISHED (NOW OUT-OF-PRINT)

Florida Workers’ Compensation with Forms (Harrison Legal Publishing 2002, 2003).
        Perhaps the most widely circulated book in its field at the time.
        Two volumes (approximately 1,500 pages).
        Due to its popularity, the right to future publication of my treatise was
    purchased by West Publishing to add to their prestigious Florida Practice
    Series. This resulting in me re-writing and expanding this treatise in order to
    re-release it as a West publication.

LAW REVIEW ARTICLES PUBLISHED

Beyond Health Care Reform: Reconsidering Certificate of Need Laws Under a Managed
Competition System, 23 Fla. St. U. L. Rev. 141 (1995).
         Published by the Florida State University Law Review.
         Called “the most significant analysis in recent Florida history” by the
    Association of Community Hospitals and Health Systems of Florida (1998).
         Cited as authority by the United States Court of Appeals for the First
    Circuit.  [See Walgreen Co. v. Rulan, 405 F.3d 50 (1st Cir.2005)].
         Cited as authority by the Maryland Court of Appeals. [See Catonsville
    Nursing Home, Inc. v. Loveman, 709 A.2d 749 (Md. 1998).]
         Cited by Georgetown University Law Professor M. Gregg Bloche in his
    California Law Review article published by the University of California
    Berkeley School of Law. [The Invention of Health Law, 91 Cal. L. Rev. 247
    (Mar. 2003).]
          Cited by George Washington University Law School Professor Thomas
    Morgan in his Hofstra Law Review article. [Toward Abandoning Organized
    Professionalism, 30 Hofstra L. Rev. 947 (Spring 2002).]
          Cited by Pepperdine University School of Law Professor Bryan Liang in
    his Journal of Legal Medicine law review article. [Understanding and Applying
    Alternative Dispute Resolution Methods in Modern Medical Conflicts, 19 J. Legal
    Med. 397 (1998).]
           Cited by the Boston University College of Law in the country's leading
    health care journal, American Journal of Law & Medicine. [See Frances H.
    Miller, Managed Care Phase Two: Structural Changes and Equity Issues, 23 Am.
    J.L. & Med. 187 (1997).]
           Cited by the New York University School of Law (in the New York
    University Annual Survey of American Law) within an article co-written by
    Louisiana State University Law Professor Edward P. Richards and University
    of Kansas School of Medicine Professor Thomas R. McLean. [Health Care's
    "Thirty Years War:" The Origins and Dissolutions of Managed Care, 60 N.Y.U.
    Ann. Surv. Am. L. 283 (2004).]
           Cited by Seton Hall Law School Professor John Jacobi in his Univ. of
    Michigan Journal of Law Reform article. [Consumer-Directed Health Care and
    the Chronically Ill, 38 U. Mich. J.L. Reform 531 (Spring 2005).]
           Cited by the DePaul University College of Law in The DePaul Journal of
    Health Care Law.  [See Lauretta Higgins Wolfson, State Regulation of Health
    Care Planning: The Economic Theory and Political Realities of Certificate of Need,
    4 DePaul J. Health Care L. 261 (2001).]
          Cited by University of Mississippi School of Law Professor Larry J.
    Pittman in his Tennessee Law Review article. ["Any Willing Provider" Laws and
    ERISA's Saving Clause: A New Solution for an Old Problem, 64 Tenn. L. Rev. 409
    (Winter 1997).]
           Cited in the West Virginia Law Review. [See Kevin Outterson, Health
    Care, Technology and Federalism, 103 W. Va. L. Rev. 503 (Summer 2001).]
           Cited by the Federal Reserve Bank of Richmond in the Spring 2004
    issue of Region Focus, the Fed's quarterly magazine providing information on,
    and analysis of, the Fifth District economy and the public policy issues
    affecting it.  Articles are researched, written, edited, and analyzed by
    journalists and economists in the Fed's Research Department.
         Cited by the University of Houston Law Center in its Houston Journal of
    Health Law & Policy. [See Comment, The Specialty Hospital Debate, 6 Hous. J.
    Health L. & Pol'y 215 (Fall 2005).]
          Cited by the Charleston School of Law. [See Robert M. Anderson,
    Comment, The Judiciary's Inability to Strike Down Healthcare Service Certificate
    of Need Laws Through Economic Substantive Due Process: A Call for Legislative
    Action, 2 Charleston L. Rev. 703 (2008).]
          Cited in the University of Arkansas at Little Rock Law Review. [See
    Robert Smith, Note, Constitutional Law Abstension and Abortion: Application of
    the Undue Burden Standard to "Certificate of Need" Regulations, 21 U. Ark. Little
    Rock L. Rev. 299 (1999).]
          Cited in Florida Jurisprudence. [See Leonard I. Reiser, Community Health
    Purchasing, 30A Fla. Jur. 2d Insurance §1349 (August 2009).]
          Cited by the Maine State Bar Association in Maine Bar Journal. [See
    Aaron S. King, Medical Market Failure in Maine: Is the Dirigo Reform Act's
    Certificate of Need Act a Market Correction?, 22 Me. B.J. 156 (Summer 2007).]
          Cited as authority by Oxford University Press in a book by Robert I.
    Field, Health Care Regulation in America: Complexity, Confrontation, and
    Compromise (Oxford University Press 2007).
           Cited as authority in a book by Robert James Cimasi, The U.S.
    Healthcare Certificate of Need Sourcebook (Beard Books 2005).
           On August 1, 2006, Robert James Cimasi quoted my law review article
    as one basis for his opinion testimony before the State of Missouri Senate
    Interim Committee on Certificate of Need.
           Cited by the State of Washington Joint Legislative Audit and Review
    Committee (1999), Hofstra University Law Review (vol. 30), LexisONE, and
    others.

LAW ARTICLES PUBLISHED

What Motivates a Judge to Continue to Serve? Insights from an Interview with Judge
Charles J. Kahn, Jr. (The Florida Bar 2011).
          Published in The Record (which is the official publication of The Florida
    Bar Appellate Practice Section).

Making Use of the New Summary Final Order Rule (The Florida Bar 2007).
          Published in News & 440 Report (which is the official publication of The
    Florida Bar Workers' Compensation Section).

When the Bill Goes Unpaid:  Collecting Your Own Debts Under the Federal and Florida
Debt Collection Practices Acts (The Florida Bar 1995).
         Published in The General Practice Journal.
         Distributed by The Florida Bar to all general practitioners in the state.

The Constitutionality of Permit Conditions After Dolan v. Tigard (The Florida Bar 1995).
          Published in Action Line (which is the official publication of The Florida
    Bar Real Property, Probate and Trust Law Section).

LAW SEMINARS TAUGHT

Lecture and Written Materials for: One Lawyer, Two Masters: How to Ethically
Represent Two or More Clients in the Same Case or Transaction (presented to the
Orange County Bar Association in Orlando, Florida on June 2012).
           A seminar for attorneys to earn continuing education credits.
           I was honored in this seminar to be presented by the Orange County Bar
Association as an authority on attorney ethics.

Lecture and Written Materials for: Appeal of Orders Denying Workers' Compensation
Immunity Defense (presented to the members of The Florida Bar Appellate Practice
Section on October 20, 2009).
          A seminar for attorneys to earn continuing education credits.
          I was honored in this seminar to be presented by The Florida Bar
    Appellate Practice Section as an authority on Florida Workers' Compensation
    and its exclusive remedy provisions (also called "workers' compensation
    immunity") and how these laws apply in appellate courts.

Lecture and Textbook for: One Lawyer, Two Masters: How to Ethically Represent Two
or More Clients in the Same Case or Transaction (presented to the North Dade Bar
Association in Miami, Florida on January 24, 2007).
         A seminar for attorneys to earn continuing education credits.
         I was honored in this seminar to be presented by the North Dade Bar
    Association as an authority on attorney ethics.

Lecture and Textbook for: Advanced Issues in Workers' Compensation Appeals
(recorded in Winter Park, Florida on July 26, 2006).
          A seninar distributed via audio recording to attorneys to earn continuing
    education credits.
          Approved by The Florida Bar for 7.0 attorney credit hours.

Lecture and Textbook for: Florida Workers' Compensation Update: Surviving and
Thriving Under the New Act (Tampa, Florida in 2005).
         I presented 5 of the 7 hours of this lecture in Tampa. Sponsored by PESI
    Professional Education Systems Institute of Eau Claire, WI (www.pesi.com).
        Approved by The Florida Bar for 7.0 attorney credit hours.

Textbook for: Florida Workers' Compensation Update: Surviving and Thriving Under the
New Act (Ft. Lauderdale, Florida in 2005).
         This lecture in Ft. Lauderdale was presented by other attorneys using
    my textbook and lecture outline from the Tampa presentation of this same
    lecture.
         Sponsored by PESI Professional Education Systems Institute of Eau
    Claire, WI (www.pesi.com).
           Approved by The Florida Bar for 7.0 attorney credit hours.

Lecture and Textbook for: Continuing Legal Education Seminar for Attorneys:  Making
and Defending Against Attorney Fee Claims in Workers’ Compensation (recorded in
Winter Park, Florida in 2003).
          A seminar for attorneys and insurance claims adjusters to earn
    continuing education credits.

Teaching Assistant Lectures (at Florida State University College of Law, 2004-2006).

PUBLISHED DECISIONS

My appellate practice resulted in "law-making" (case law precedent) decisions in
the following cases:

    United Airlines v. Nemoto,
    63 So.3d 796 (Fla. 1st DCA 2011), review denied, 2011 WL 3558243 (Fla.
    2011).

    Beharry v. Drake,
    52 So.3d 790 (Fla. 5th DCA 2010).

    Brevard Memorial Park v. Hoodless,
    996 So.2d 967 (Fla. 1st DCA 2008).

    Bell v. Real Estate Florida Commercial Intern., Inc.,
    995 So.2d 1029 (Fla. 4th DCA 2008).

    La Petite Academy v. Duprey,
    948 So.2d 868 (Fla. 1st DCA 2007).

    Reynolds v. Skagfield Corp.,
    887 So.2d 434 (Fla. 1st DCA 2004).

    United Self Insured Services v. Richey,
    809 So.2d 911 (Fla. 1st DCA 2002).

My legal writings have been cited as an authority for deciding the following cases
where I was neither a litigant nor a party:

    RJ Reynolds Tobacco Co. v. Martin,
    53 So. 3d 1060 (Fla. 1st DCA 2010).

    Hazealeferiou v. Labor Ready,
    947 So.2d 599 (Fla. 1st DCA 2007).

    IMC Phosphates Co. v. Prater,
    895 So.2d 1263 (Fla. 1st DCA 2005).

    Walgreen Co. v. Rulan,
    405 F.3d 50 (1st Cir.2005).

    Catonsville Nursing Home, Inc. v. Loveman,
    709 A.2d 749 (Md. 1998).
Patrick John McGinley, Esq.
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