Evans, Dale

Dale A. Evans Jr.


Associate

 

Overview

Dale Evans is a commercial litigator whose practice focuses on complex and class action lawsuits at the trial and appellate levels. Dale represents publicly traded companies, including financial institutions, managed care organizations and beauty retailers as well as small businesses and closely held corporations. Dale regularly prosecutes and defends lawsuits in a variety of practice areas, including business litigation, labor and employment, construction, securities and financial services.

Dale practices in federal and state courts throughout the state of Florida, in the United States Court of Appeals for the Eleventh Circuit and in arbitration.

Representative Experience

Dale’s experience includes:

Business Litigation & Dispute Resolution 

Dale represents and advises clients in a variety of business litigation and dispute resolution matters involving complex commercial contract disputes, claims for deceptive and unfair trade practices, breach of fiduciary duty, fraud, misrepresentation, conversion and civil theft.

Consumer Class Action Defense 

Dale has defended companies in a variety of industries, including banking and financial services, beauty retail and telecommunications in consumer class action lawsuits alleging claims for violation of the TCPA, FCRA, FDUTPA and state consumer protection laws, including false advertising and unfair competition.

Labor and Employment

Dale has represented clients in a myriad of labor and employment lawsuits, including lawsuits involving claims related to: FLSA and other overtime and minimum wage laws; state Whistleblower statutes; ADA Accessibility for Public Accommodations; unfair competition (including non-competition/non-solicitation claims and misappropriation of trade secrets); and OSHA defense.

Construction Law

Dale also has a strong background in construction law and has represented owners, general contractors, subcontractors and suppliers in all phases of construction litigation. Dale also regularly drafts and negotiates construction documents, including contracts, subcontracts and bonds. Dale’s construction law experience includes lien foreclosure, payment bond claims, construction defects, breach of contract and OSHA defense.

Securities Arbitration and Litigation 

Dale represents broker-dealers and financial institutions in securities litigation in state and federal court as well as in arbitration before the Financial Industry Regulatory Authority (FINRA), including expungement proceedings.

Financial Services Litigation 

A substantial portion of Dale's practice is dedicated to representation of financial institutions, including residential mortgage lenders and servicers in individual and class action lawsuits concerning claims under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and state consumer fraud and deceptive business practice statutes, such as the Florida Consumer Collection Practices Act (FCCPA) and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).

Reported Decisions

  • The Bank of New York Mellon, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-OA8 Mortgage Passthrough Certificates Series 2006-OA8 v. Resolution Properties Trust, LLC, et al., No. 19-13232, 807 F. App’x 969 (11th Cir. Mar. 24, 2020)
  • Roman v. LoanDepot.com, LLC, 387 F. Supp. 3d 1389 (M.D. Fla. June 28, 2019)
  • Czaban v. Bayview Loan Servicing, LLC, No. 3:19cv591-TKW-EMT, 2019 WL 5690633 (N.D. Fla. Nov. 1, 2019)
  • Rodger v. Green Tree Servicing LLC, 252 So. 3d 249 (Fla. 5th DCA 2018)
  • Leones v. Rushmore Loan Management Services, LLC, No. 18-10137, 2018 WL 4566854 (11th Cir. Sept. 24, 2018)
  • Kareem v. Ocwen Loan Servicing, LLC, No. 16-15589, 2018 WL 501338 (11th Cir. Jan. 22, 2018)
  • Criswell v. JM Custom Woodworking, Inc., 216 So. 3d 717 (Fla. 4th DCA 2017)

Professional Affiliations and Recognitions

  • Member, Palm Beach County Bar Association
  • Member, Chamber of Commerce of the Palm Beaches
  • Member, Emerge Broward, Develop Committee (2015-2016)
  • Member, Construction Association of South Florida, Young Leaders in Construction Committee (2012-2016)
  • Member, Broward County Bar Association, Construction Section and Young Lawyers Section (2012-2016)