Jason T.Burnette

Partner

Atlanta + 1.404.581.8724

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Jason Burnette is an appellate lawyer with particular experience in products liability and class action issues. He has briefed and argued numerous appeals in state and federal courts, either defending successful defense verdicts or seeking reversal of multimillion dollar damages awards. He has in-depth experience in challenging punitive damages verdicts and advising trial teams on procedural and substantive issues related to punitive damages claims. He has served as trial counsel on legal issues in dozens of state and federal trials in Florida on behalf of R.J. Reynolds Tobacco Company. In that capacity, he regularly advises trial teams and appears at trial to argue jury instructions, dispositive motions, and other legal issues. These include preemption, comparative fault, medical causation, admissibility of expert testimony, and statutes of limitation, among many others.

In addition to his work for Reynolds, Jason's other products liability experience includes obtaining reversal of a jury verdict for a plaintiff against an ATV manufacturer (Yamaha Motor Corp., U.S.A. v. McTaggart, 2011). He has extensive complex litigation experience in a wide range of substantive areas encompassing numerous procedural issues such as class certification, removal, and post-trial relief.

Jason also has an active pro bono practice. He was part of the team of lawyers who successfully represented a habeas petitioner in McQuiggin v. Perkins (2013), and he regularly represents pro bono clients in the U.S. Court of Appeals for the Eleventh Circuit.

Experience

  • R.J. Reynolds secures $135 million victory in the Supreme Court of the Virgin IslandsJones Day successfully represented R.J. Reynolds Tobacco Company before the Supreme Court of the Virgin Islands in a pair of consolidated appeals, erasing more than $135 million from the judgments.
  • R.J. Reynolds wins complete defense verdict in Jones wrongful death lawsuitAfter a trial lasting three weeks, a state court jury in Vero Beach, Florida returned a complete defense verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a wrongful death case.
  • R.J. Reynolds secures Florida Supreme Court victory on fraudulent concealment claimsJones Day successfully represented R.J. Reynolds Tobacco Company before the Florida Supreme Court in an appeal concerning the reliance element of claims for fraudulent concealment and conspiracy to fraudulently conceal in Engle progeny cases.
  • R.J. Reynolds prevails in Florida Supreme Court appeal involving interpretation of punitive damages statuteJones Day successfully represented R.J. Reynolds Tobacco Company before the Florida Supreme Court in an Engle progeny appeal presenting an issue concerning interpretation of Florida's punitive damages statute.
  • Plaintiff-appellant successfully appeals civil rights case related to PLRA "three strikes" ruleJones Day was appointed to represent plaintiff-appellant Waseem Daker on appeal of the dismissal of his civil rights action to the Eleventh Circuit.
  • R.J. Reynolds wins jury verdict in Rounds "Engle progeny" trialOn January 26, 2016, following eleven days of trial, a jury in Daytona Beach, Florida returned a verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a personal injury action.
  • R.J. Reynolds prevails in appeal of preemption decisionOn April 8, 2015, the United States Court of Appeals for the Eleventh Circuit held that federal law preempts claims for strict liability and negligence made against tobacco companies in the context of the Engle class action.
  • R.J. Reynolds wins jury verdict in Chamberlain ''Engle progeny'' trialOn November 15, 2013, following nine days of trial and less than two hours of deliberation, a jury in Fort Myers, Florida returned a verdict in favor of Jones Day client R.J. Reynolds in a personal injury action finding that the smoker was not an Engle class member.
  • U.S. Supreme Court rules for habeas corpus petitioner asserting "actual innocence"On May 28, 2013, the United States Supreme Court decided in favor of Jones Day client Floyd Perkins, a Michigan inmate represented pro bono, in a case significant to habeas corpus petitioners seeking to have untimely claims heard based on credible claims of actual innocence.
  • Non-citizen prevails before Eleventh Circuit in important immigration caseJones Day obtained a significant en banc Eleventh Circuit decision on behalf of a Mexican non-citizen holding that the deadline for reopening immigration proceedings is subject to equitable tolling.
  • R.J. Reynolds wins jury verdict in federal Fazekas ''Engle progeny'' lawsuitOn March 29, 2013, following five days of trial and approximately four hours of deliberation, a jury in Jacksonville, Florida returned a verdict in favor of R.J. Reynolds and Liggett Group LLC in a wrongful death action, assigning 100% of the fault to the smoker.
  • R.J. Reynolds wins jury verdict in latest federal "Engle progeny" lawsuitJones Day successfully represented R.J. Reynolds Tobacco Company in the latest "Engle progeny" lawsuit tried to verdict in Florida federal court.
  • Jones Day appointed appellate counsel in challenge to Ohio parole regulationsThe Firm was appointed to represent an inmate in the Ohio state correctional system who had appealed a decision by the Northern District of Ohio dismissing a class action challenging changes in Ohio’s parole regulations. 
  • R.J. Reynolds wins jury verdict in Frailey ''Engle progeny'' lawsuitOn June 28, 2012, after almost three weeks of trial, a state court jury in Jacksonville, Florida returned a verdict in favor of Jones Day client R.J. Reynolds Tobacco Company.
  • Yamaha prevails in Georgia Supreme Court after certiorari is denied and Yamaha's reversal of adverse jury verdict standsOn April 24, 2012, the Georgia Supreme Court denied the plaintiff's petition for certiorari and let stand the Georgia Court of Appeals' unanimous decision reversing a jury verdict against Yamaha Motor Co. in a products liability suit involving the Rhino, an off road vehicle, and directing the trial court to enter judgment in Yamaha's favor.
  • R.J. Reynolds wins jury verdict in first federal "Engle progeny" lawsuitJones Day successfully represented R.J. Reynolds Tobacco Company in the first "Engle progeny" lawsuit tried to verdict in federal court.
  • Jones Day obtains reversal and remand for civil detainee in Fourth Amendment caseA team from Jones Day Atlanta including Rick Deane, Rob Schmoll, Garrett Bradford and Hillary Keith prevailed in the Eleventh Circuit on behalf of a civil detainee held by the State of Florida pursuant to that state's Jimmy Ryce Act.
  • East Point wins full amount of damages in property tax dispute with countyJones Day represented the City of East Point, Georgia in a suit against Fulton County and its Tax Commissioner for misappropriating and diverting nearly $3 million in property tax collections due to the city, in violation of a Tax Collection Agreement.
  • Unanimous appeals court reverses dismissal of client's complaint for failure to exhaustOn December 13, 2010, a unanimous panel of the United States Court of Appeals for the Eleventh Circuit ruled that pro bono client Joseph Chester Parzyck may pursue his Section 1983 claims against his former prison health officer, Dr. Daniel Cherry, arising out of continued denial of appropriate medical care.
  • Cliffs Natural Resources wins Eighth Circuit appeal in dispute concerning post-termination duties under reclamation-services agreementOn August 17, 2010, the United States Court of Appeals for the Eighth Circuit ruled in favor of Jones Day client Cliffs Natural Resources Inc., an international iron ore supplier, in an appeal involving litigation brought by a reclamation-services provider.
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    May 2021 Commentary

    Florida Supreme Court Adopts Federal Summary Judgment Standard

    Spring 2011 Jones Day Publications

    One Size Doesn’t Fit All: A Tailored Approach to Punitive Damages Analysis in Product Liability Cases, Practice Perspectives: Product Liability & Tort Litigation

    Speaking Engagements

    • October 27, 2016
      2016 Eleventh Circuit Appellate Practice Institute Panel on CJA and Pro Bono Appointments

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