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Kyle A. Diamantas

Associate

Kyle Diamantas concentrates his practice in food and drug law, antitrust, commercial litigation, mass tort and general business matters.

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Legalized Marijuana and Hemp: From A to Z and Everything in Between August 6, 2019

Featured Experience

Representation as counsel for a large international pharmaceutical company, defending the company against product liability claims asserted by hundreds of individuals relating to one of the company's most popular drugs.

Representation as counsel for multiple personal care products companies, defending the companies against claims alleging their talc-based products were unsafe and defective.

Representation as counsel for a nationally leading CBD company in defending multiple putative class action lawsuits alleging violation of various state consumer protection statutes.

Professional Biography

Overview

Mr. Diamantas focuses his practice on litigation and regulatory compliance, with an emphasis on United States Food and Drug Administration (FDA), United States Federal Trade Commission (FTC), and state equivalent regulatory and compliance issues and disputes. He assists in the representation of food, dietary supplement, drug, device, cosmetic, and consumer product brands and supply chain participants on issues involving labeling, advertising, regulatory and quality compliance, and in transactions and litigation involving products and companies subject to FDA and FTC regulation. Mr. Diamantas also routinely assists clients on matters and issues related to the United States Department of Agriculture, the Consumer Product Safety Commission, and the National Advertising Division.

Mr. Diamantas' experience includes multi-district, class action and mass action litigation, including multi-district products liability litigation related to a blockbuster antipsychotic drug, class action litigation related to cannabidiol (CBD), talcum powder, and various other consumer products, multi-district antitrust litigation alleging anticompetitive behavior on the part of automobile insurers, talcum powder products liability litigation, and litigation stemming from the BP oil spill in the Gulf of Mexico. Mr. Diamantas also has experience in political campaign and election law matters.

Additionally, Mr. Diamantas is a member of Baker Donelson's 24-Hour Motor Carrier Emergency Response Team, a group of attorneys dedicated to providing rapid post-accident intervention and investigation throughout the Firm's footprint and beyond, whenever and wherever needed. Mr. Diamantas has handled numerous investigations of commercial motor vehicle fatality accidents, and litigated dozens of transportation cases across Florida.

Representative Matters
  • Represented a major automobile insurance carrier in consolidated proceedings before the U.S. Court of Appeals for the Eleventh Circuit. In a unanimous panel opinion, the Eleventh Circuit upheld the District Court's dismissal of all antitrust claims for per se price fixing and group boycott brought by body shop plaintiffs in one action while finding the Court lacked jurisdiction to decide the merits of two other actions where the body shops failed to timely file amended complaints, resulting in dismissals with prejudice converting to final judgments by operation of law on the same antitrust claims, which the body shops failed to timely appeal, divesting the Court of jurisdiction.

  • Representation as counsel for a large international pharmaceutical company, defending the company against product liability claims asserted by hundreds of individuals relating to one of the company's most popular drugs.

  • Representation as counsel for multiple personal care products companies, defending the companies against claims alleging their talc-based products were unsafe and defective.

  • Representation as counsel for a nationally leading CBD company in defending multiple putative class action lawsuits alleging violation of various state consumer protection statutes.

  • Representation as counsel for multiple multi-national consumer products companies on issues related to label claims risk assessment and product formulation issues, including counseling on issues related to use of structure function claims, disease claims, nutrient content claims, natural claims, gluten-free claims, and other regulated labeling and advertising content.

  • Representation as counsel for an important private equity client in multiple acquisitions of dietary supplement, food, cosmetic, and personal care companies and product lines exceeding $500,000,000 in total invested capital.

  • Representation as counsel for an oil and gas drilling, engineering, and project management services company before the Eleventh Circuit Court of Appeals in litigation stemming from the BP oil spill.

  • Representation as counsel for various automobile insurers before the Eleventh Circuit Court of Appeals stemming from multi-district antitrust litigation throughout the country and consolidated in Florida.

  • Obtained multiple federal court dismissals in multi-district antitrust litigation alleging that automobile insurers engaged in anticompetitive behavior and other unlawful conduct to control and reduce prices paid to plaintiffs for automobile damage repair, labor, and material costs.

  • Representation as counsel of an international manufacturer of building products in multi-district litigation out-opt state court product liability cases throughout Florida.

  • Successfully obtained summary judgment on behalf of comedian Roseanne Barr in a state court lawsuit filed by the parents of George Zimmerman seeking damages for invasion of privacy and intentional infliction of emotional distress arising from the Trayvon Martin tragedy.

  • Obtained a consent judgment and permanent injunction in federal court for an important dietary supplement brand holder against an infringing competitor. The infringing competitor agreed to abandon all markets for the competing product, assign all rights to the marks, and paid all fees and costs.

  • Successfully defended multiple transportation clients in serious collision cases involving allegations of traumatic brain injury, permanent damages, and wrongful death.

  • Obtained a successful appellate result from the Florida Fourth District Court of Appeal in which the Court held that discovery regarding the ultimate resolution of a prior punitive damages award was not permitted under Florida law, so long as the prior award was deemed satisfied.

Professional Honors & Activities
  • Named a Best Lawyers in America® "Ones to Watch" in Intellectual Property Law (2021)
  • Named a Florida Rising Star by Florida Super Lawyers (2018 – 2020)
  • Member – The Florida Bar
  • Member – Orange County Bar Association
  • Member – American Bar Association
  • Member – Council for Responsible Nutrition
    • Legal Committee
    • Regulatory Affairs Committee
    • CBD Task Force
  • Notary Public, Florida
  • Volunteer – Florida Bar Disaster Legal Services
  • Volunteer – Project H.E.L.P. Orlando; pro bono legal clinic at the Coalition for the Homeless of Central Florida
  • Member – University of Central Florida Young Alumni Council
  • Member – Baker Donelson Technology Steering Committee
Publications
Speaking Engagements
  • Panelist – "Florida: State of the CBD Address," CBD Expo East Conference (November 2019)

Education

  • University of Florida Levin College of Law, J.D., 2013, magna cum laude  
  • University of Central Florida, B.A. Political Science, 2010

Admissions

  • Florida
  • New Jersey, pro hac vice
  • Oklahoma, pro hac vice
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Eastern District of California, pro hac vice
  • U.S. District Court for the Eastern District of New York, pro hac vice
  • U.S. District Court for the Eastern District of Pennsylvania, pro hac vice
  • U.S. District Court for the District of Massachusetts, pro hac vice
  • U.S. Court of Appeals for the Eleventh Circuit

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