Katherine Mastrucci

Matters of Note

Commercial Litigation – Federal District Court. Represented plaintiff in commercial litigation alleging breach of fiduciary by executives of plaintiff’s former wholly-owned subsidiary in the sale of the subsidiary to a third party, including successfully defending against a complex motion to dismiss on res judicata and collateral estoppel grounds and ultimately resulting in a favorable resolution of the matter for plaintiff. (Breach of Fiduciary Duty) (2023-2024)

Consumer Mass Arbitration – American Arbitration Association. Successfully managed and defended a large docket of consumer arbitrations alleging that defendant’s diversity and inclusion initiative violated various civil rights statutes, resulting in multiple defense awards and ultimately a favorable global resolution for defendant. (Diversity & Inclusion Consumer Mass Arbitration) (2021-2022)

Commercial Litigation – Florida State Court. Defended individuals in commercial litigation alleging breach of non-compete clause, including successfully briefing and arguing a motion to dissolve a temporary injunction and resulting in a favorable resolution of the matter for defendants. (Breach of Non-Compete Clause) (2021)

Putative Consumer Class Action – Federal District Court. Prepared defendant’s initial appellate brief on central question of statutory interpretation certified to forum state’s highest court in putative consumer class action alleging defendant had overcharged individual debtors for debt management services in violation of state debt management statute. After defendant’s initial appellate brief was filed, plaintiffs’ counsel returned with minimal individual settlement offers, resulting in highly favorable resolution of matter for defendant. (Debt Management Litigation) (May 2021) 

McGinnis v. C.R. Bard, Inc. – Superior Court of New Jersey, Appellate Division. Prepared amicus brief for amici Advanced Medical Technology Association, Chamber of Commerce of the United States of America, and the National Association of Manufacturers regarding admissibility of 510(k) clearance evidence. On appeal, appellate court held that 510(k) evidence was relevant and should be admitted with appropriate safeguards, as necessary, to minimize any Rule 403 concerns, vacating the underlying judgments for plaintiffs and remanding for new trials. (Pelvic mesh litigation) (March 2021)

Putative Consumer Class Action – Federal District Court. Defended putative class action alleging defendant event organizer’s decision to offer credit toward a future event in lieu of a refund due to cancellation of ticketed event occasioned by the COVID-19 pandemic violated ticket holders’ consumer rights and constituted a breach of contract. Successfully removed cases to federal court and negotiated a favorable resolution for defendant. (COVID-19 Refund Class Action) (2020-2021)

BP Deepwater Horizon Remand Cases – Southern District of Florida. Successfully managed and defended a large docket of MDL remand cases alleging various personal injuries from Deepwater Horizon beach cleanup work, resulting in repeated discovery sanctions and summary judgments against the plaintiffs with no case reaching trial. (Environmental/Toxic Tort Litigation) (2017-2021)

Employment Litigation – Florida State Court. Defended employer in litigation alleging negligent hiring and negligent supervision of a manager who allegedly sexually harassed and sexually assaulted an employee, including conducting extensive discovery, preparing all pretrial briefing and submissions, deposing plaintiff’s expert, and ultimately resulting in a favorable resolution of the matter for defendant. (Negligent Hiring/Supervision) (2019-2020)

Cavanaugh v. Stryker Corporation – Circuit Court of St. Lucie County, Florida. Four-week jury trial involving a medical device and resulting in full defense verdict. (Neptune 2 Ultra Waste Management System) (June 2018)

Rodriguez-Ramirez v. Morales-Montoya – Circuit Court of Miami-Dade County, Florida. Argued at evidentiary hearing on petition to determine paternity and obtain sole custody, resulting in granting of petition and procurement of predicate order necessary to obtain Special Immigrant Juvenile Status for client’s minor children. (Pro bono family law/immigration matter) (Feb. 2018)

Tuduj v. Wyeth Pharmaceuticals, Inc. – U.S. Court of Appeals for the Seventh Circuit. Prepared appellate briefing on appeal of dismissal with prejudice on limitations grounds in pharmaceutical case, resulting in affirmance without oral argument. (Propanolol) (Jan. 2018)

Carlson v. Boston Scientific Corp. – U.S. Court of Appeals for the Fourth Circuit. Appeal of summary judgment on failure-to-warn claim in favor of client in medical device case, resulting in affirmance. (Pelvic mesh litigation) (May 2017)

Timothy v. Boston Scientific Corp. – U.S. Court of Appeals for the Fourth Circuit. Prepared appellate briefing on appeal of summary judgment in favor of client on limitations grounds in medical device case, resulting in affirmance. (Pelvic mesh litigation) (Dec. 2016)

Robinson v. Boston Scientific Corp. – U.S. Court of Appeals for the Fourth Circuit. Prepared appellate briefing on appeal of summary judgment in favor of client on limitations grounds in medical device case, resulting in affirmance. (Pelvic mesh litigation) (April 2016)

Witt v. Howmedica Osteonics Corp. - U.S. District Court for the Southern District of Florida. Prepared Daubert briefing and expert deposition outline in medical device case, resulting in exclusion of opposing expert, summary judgment in client’s favor, and affirmance on appeal. (EIUS knee implant) (April 2016)

Sherrer v. Boston Scientific Corporation – Circuit Court of Jackson County, Missouri. Medical device trial resulting in full defense verdict. Eight-week jury trial and the first mesh trial involving two distinct devices. Selected as the Top Defense Verdict in the United States for 2016 by Courtroom View Network. Judgment for client affirmed on appeal. (Pelvic mesh litigation) (Feb. 2016)

Fleming v. Boston Scientific Corp. – U.S. Court of Appeals for the Fourth Circuit. Appeal of summary judgment in favor of client on limitations grounds in medical device, resulting in affirmance. (Pelvic mesh litigation) (Dec. 2015)

Publications and Presentations

Katherine Mastrucci and Mihai Vrasmasu, How to Take Effective Remote Video Depositions, Lawline, August 2, 2023.

Katherine Mastrucci, The Future of NFTs in the Metaverse: Utility and Liability, JD Supra Knowledge Center, November 7, 2022.

Katherine Mastrucci, Across the Metaverse: The Game, The Players and the Legal Landmines, Association of Corporate Counsel (ACC) South Florida’s 2022 Progressive Dinner, CLE presentation, March 10, 2022.

Katherine G. Mastrucci, 10 Tips for Deposing a Non-English Speaker, Practice Points, Pretrial Practice & Discovery Committee, Section of Litigation, American Bar Association, April 30, 2020 (with Mihai Vrasmasu).

Katherine G. Mastrucci, The Mindful Lawyer, The Florida Bar News, February 18, 2019 (with S. Rogers). 

Katherine G. Mastrucci, "Game of Drones: The Fight for U.S. Airspace," segment of Brave New Legal World: A Quick Look Into How Drones, Molecular Biology, and 3D Printing Are Disrupting More Than the Marketplace, Shook's 13th Annual Update of the Law CLE, June 23, 2016.

Mihai Vrasmasu and Katherine Mastrucci, Can Medical Devices Be Too Complex for Their Own Good?, DRI's The Voice, June 2016.

Katherine Mastrucci, Daubert in Florida: Substantive or Procedural?, The Dade County Bar Association Bulletin, May 2016.