Kirby is a partner that litigates on behalf of the Firm’s dealer clients every day. In that role, Kirby advocates for dealers as well as dealership associations against manufacturers and distributors.
During his time at the Firm, Kirby has litigated numerous franchise dealership disputes to conclusion in administrative forums, state and federal courts on issues including add-points, relocations, breaches of contract, constitutional challenges to state franchise statutes as well as franchisor terminations, incentive programs, allocation systems, and warranty programs. Kirby has also worked on many appeals on behalf of the Firm’s clients. Kirby also regularly advises clients on nearly-all aspects of the franchise dealer relationship with manufacturers and distributors.
In addition to his franchise litigation practice, Kirby also advises and litigates for the Firm’s dealer clients on employment and human resource related issues. Kirby’s work in this area includes issues such as wrongful terminations, discriminatory employment practices, Americans with Disabilities Act (ADA) compliance, Family Medical Leave Act (FMLA) compliance, Fair Labor Standards Act (FLSA) compliance, employee handbooks, non-compete and non-solicitation agreements, and more. As part of this practice, Kirby has experience with the Equal Employment Opportunity Commission, Department of Labor, the Occupational Safety and Health Administration, and other state-equivalent government agencies.
Kirby graduated from Florida State University College of Law in 2012 and competed on the Mock Trial Team. Kirby was previously in private practice with a regional insurance defense firm and also served as an Assistant Attorney General for the State of Florida handling civil litigation matters.
Representative Experience
- Association of Equipment Manufacturers v. Burgum, 495 F.Supp.3d 803 (D.N.D. 2020). Obtained favorable decision on summary judgment defeating several constitutional challenges to North Dakota dealership statutes.
- Litigated multiple disputes relating the Volkswagen “Dieselgate” scandal, including working as co-counsel on the franchised dealerships’ class action against VW and Bosch and a separate dispute on behalf of a VW LOI recipient.
- Litigated numerous disputes over manufacturer attempts to terminate franchised dealerships throughout the country, including with GM, Hyundai, and Kia.
- Litigated numerous disputes over manufacturer attempts to add and/or relocate franchised dealerships into existing dealership territory, which include disputes with Ford and Kia.
Professional Associations and Memberships
- The Florida Bar
- National Association of Dealer Counsel
- William H. Stafford Inn of Court
Education
University of Florida, B.S., Finance, cum laude
Florida State University College of Law, J.D.
Admissions
Florida
U.S. District Courts:
- Southern District of Florida
- Middle District of Florida
- Northern District of Florida
- District of Colorado
- Eastern District of Michigan
- Eastern District of Wisconsin
U.S. Appellate Court:
- 11th Circuit Court of Appeals
- 1st Circuit Court of Appeals
- 3rd Circuit Court of Appeals
- 8th Circuit Court of Appeals