Ari H. Gerstin concentrates his practice on complex litigation, class actions, and regulatory matters. He prosecutes and defends litigation in state, federal, and administrative courts on behalf of large retail operators, insurance companies and other regulated entities, companies involved in the cannabis and hemp industries, as well as other national and local companies and individuals. Ari also assists companies and individuals in their dealings with federal, state, and local authorities.
Ari has experience defending property and casualty insurers in class action lawsuits nationwide, including suits involving claims by Medicare Advantage organizations for reimbursement of alleged conditional payments or secondary payments under the Medicare Secondary Payer Act (MSP); and in Florida, arising under the Florida No-Fault (PIP) Statute and other statutory and contractual provisions governing insurance policies and premiums, in addition to other industry issues.
Ari is also experienced in litigating issues arising under state cannabis laws, including constitutional and other challenges to state licensing laws and appeals of licensing decisions. Additionally, Ari counsels clients seeking to apply for, purchase, and sell cannabis cultivation, processing, and dispensing licenses and advises investors and industry participants regarding diligence and compliance matters. Based on his work in the cannabis field, Ari was recognized in 2018 by the National Law Journal as one of the country’s “Cannabis Law Trailblazers” and in 2019 by the Daily Business Review as a “Florida Trailblazer.” He often speaks on cannabis law-related topics at industry events and seminars.
Representing a prospective medical marijuana treatment center in high-profile litigation challenging the State of Florida’s implementation of the Medical Marijuana Amendment (a/k/a Amendment 2), which has resulted in a determination that the implementing statute is unconstitutional.
Represented client in obtaining opinion denying rehearing and granting clarification of order denying appellate petition for writ of prohibition seeking disqualification of trial court judge. State v. Oliu, 183 So. 3d 1161 (Fla. 3d DCA 2016)
Civil Forfeiture Litigation:
Represented client in obtaining order finding no probable cause under the Florida Contraband Forfeiture Act and requiring the return of $85,000 in currency seized from client. In re Forfeiture, Case No. 14-9884-CA-23 (Fla. Miami-Dade Cir. Ct. 2014)
Federal Court Civil Litigation:
Assisted in the representation of client in order granting dismissal of federal lawsuit brought by and against United States citizens for injuries allegedly sustained in the Bahamas. L.M. v. J.O., 945 F. Supp. 1367 (S.D. Fla. 2013)