Crystal B. Carswell

Associate

Overview

Crystal Carswell is an attorney in the Litigation Department with Foley & Lardner LLP. Crystal is based in the firm’s Miami office where she is a member of the firm’s Business Litigation & Dispute Resolution Practice Group.

Prior to Foley, Crystal was an associate in the Miami office of an international firm where she represented clients at all stages of litigation through dispositive motions and trials. Earlier in her career, she served as a Fellow to the Honorable Richard L. Voorhees for the United States District Court of the Western District of North Carolina, and also as a judicial extern to the Honorable Magistrate Wallace W. Dixon for the United States Middle District of North Carolina.

Representative Matters*

  • Obtained dismissal with prejudice on behalf of national truck rental company on Florida Deceptive and Unfair Trade Practices and Violation of 49 U.S.C. § 14916 Unlawful Household Goods Brokering.
  • Successfully defended appeal of denial of motion to dismiss on grounds of lack of personal jurisdiction in Florida’s Third District Court of Appeal on behalf of a cruise line. 
  • Represented national truck rental company in breach of contract disputes.
  • Represented developer in construction defect dispute.
  • Represented cruise line in indemnification claim.
  • Represented fast-food chain in franchise dispute.
  • Represented national bank in multimillion-dollar foreclosure action.
  • Served as second-chair in complex construction defect case in a multi-week trial in Key West, Florida.

*Certain of these matters were handled prior to joining Foley

Recognition

  • Recognized as a “Top Up and Comer” in Complex Litigation, South Florida Legal Guide 2021

Presentations and Publications

  • Co-author, “Don’t Overlook The 1st Amendment in Labeling Litigation,” Law360 (May 18, 2017)
  • Co-author, “Eleventh Circuit Finds Restraint on Product Labeling Violation of First Amendment,” Hunton Retail Law Resource Blog (May 04, 2017)
  • Co-author, “Ninth Circuit Upholds Enforceability of Arbitration Agreements in Click-Through Agreements,” IP Litigator (November/December 2017 ed..)
  • Co-author, “Going “Paperless” May Soon Be Mandatory in California,” Hunton Retail Law Resource Blog (January 28, 2019)
  • Author, “Florida Following in Other Jurisdiction’s Footsteps with Proposed Data Privacy Legislation,” Hunton Retail Law Resource Blog (January 30, 2020)
  • Author, “Florida Following in Other Jurisdiction’s Footsteps with Proposed Data Privacy Legislation,” Hunton Insurance Recovery Blog (February 11, 2020)
  • Co-author, “Florida Supreme Court Adopts Federal Summary Judgment Standard,” Client Alert (January 6, 2021)
  • Co-author, “Florida Supreme Court Replaces Summary Judgment Rule with Text of Federal Rule,” Client Alert (May 4, 2021)

Education

  • University of North Carolina School of Law (JD, 2012)
    • Member, North Carolina Journal of International Law and Commercial Regulation
    • President, Student Bar Association
    • Hispanic Latino Law Student Association
    • Student Congress, Representative and Finance Committee
  • University of Florida (BA, cum laude, 2008)
    • Research Assistant, Professor Richard M. Yon
    • Research Assistant, Rhode island Supreme Court Chief Justice Frank J. Williams

Professional Memberships

  • Member, Florida State Bar
  • Member, North Carolina State Bar

Admissions

  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida