C.B. Upton

C.B. Upton is the founder and principal attorney of Upton Law Firm. He has extensive experience with trial, appellate, alternative dispute resolution, and political matters.

GOVERNMENT SERVICE

  • General Counsel, Florida Department of State
  • Florida Deputy Solicitor General
  • Law Clerk, Honorable Eugene Siler, US Court of Appeals, Sixth Circuit

PROFESSIONAL HONORS

  • AV-Preeminent, Martindale-Hubbell
  • Client Champion, Martindale-Hubbell
  • Superb Attorney 10/10, Avvo
  • Client’s Choice Award, Avvo
  • Top Lawyers in Florida, The Legal Network
  • Top-Rated Appellate Lawyer, The American Lawyer
  • Gardner W. Becket Civil Liberties Award
  • William F. Blews Pro Bono Service Award

COURT ADMISSIONS

  • United States Supreme Court
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Middle District of Florida
  • United States District Court for the Northern District of Florida
  • United States District Court for the Southern District of Florida
  • All Florida State Courts and Division of Administrative Hearings

SIGNIFICANT MATTERS

  • Member of national trial team representing multiple states in constitutional challenge to Affordable Care Act [State of Florida v. Sebelius]
  • Represented State of Florida in defense of three class action lawsuits seeking reimbursement for billions of dollars in property taxes [Deluccio v. Havill, Bruner v. Hartsfield, Lanning v. Pilcher]
  • Defended State of Florida in federal lawsuit challenging statute that provides Second Amendment protections to citizens while traveling to and from work [ Retail Fed’n, Inc. v. AG of Fla.]
  • Appeared as amicus curiae in Florida Supreme Court on behalf of State of Florida in case considering scope of bond validation proceedings [Strand v. Escambia Cnty.]
  • Represented Florida House of Representatives in defense of legislative redistricting plan [In re Senate Joint Resolution of Legislative Apportionment]
  • Defended commercial real estate developer against land use challenge to company’s plans to construct a power plant [Seminole Tribe of Florida v. Hendry Cnty.]
  • Defended bank accused of breaching various duties to commercial loan client [Superior Bank, N.A. v. SJ Realty Group, LLC]
  • Represented citizen in challenge to city commissioner’s legal ability to hold office based on residency grounds [Jackson v. Maddox]
  • Represented residential real estate developer through multi-million-dollar foreclosure actions, federal bankruptcy proceedings, and loan workouts
  • Defended Florida law firm through investigation by Florida Attorney General
  • Represented Florida Elections Commission in several prosecutions of Florida Elections Code violations
  • Represented Florida Secretary of State in various election and campaign finance cases in state and federal court
  • Defended for-profit university through investigation by Florida Attorney General
  • Defended real estate school through investigation by Florida Attorney General
  • Represented various public officials before ethics commission and elections commission
  • Defended elected official facing criminal charges for misappropriating public funds
  • Advised several public entities and officers on public records issues
  • Served as general counsel and member of Florida Attorney General’s 287(g) Joint Task Force on Immigration

PUBLICATIONS

  • Solving the speech debate, St. Petersburg Times (Sept. 19, 2009)
  • The Office of the Florida Solicitor General: An Appellate Lawyer’s Field of Dreams, The Record, Journal of the Appellate Practice and Advocacy Section of The Florida Bar (Fall-Winter 2009)
  • Court has your Second Amendment rights in its cross hairs, Tallahassee Democrat (Jan. 31, 2008)
  • Will court decide 2008 election, too?, Tallahassee Democrat (Dec. 23, 2007)
  • Dean v. Utica Community Schools: An Arrow through the Heart Administrative of School Control Over Student Expression in School Newspapers, BYU Education & Law Journal (2006)