Peter V. Fullerton has a diverse practice as a trial lawyer who represents clients in federal and state courts throughout Florida. He has extensive experience in federal and state court in the areas of banking law, creditors' rights, bankruptcy and receiverships, condominium law, franchise law, construction law, trusts and estates, and appeals.
Mr. Fullerton has been lead counsel for financial institutions or their insurers in more than 100 banking or credit related lawsuits involving commercial foreclosures, fraudulent transfers, contract claims, interpleader, quiet title actions, and lender liability actions. He also represents banks and other creditors to pursue their claims in probate proceedings and to prosecute and defend actions against or on behalf of estates and trusts.
Mr. Fullerton is a member of the Bankruptcy Bar for the Southern District of Florida. He has successfully prosecuted adversary proceedings in bankruptcy court against debtors for fraud and bad faith filing. He has represented United States Bankruptcy Trustees in adversary proceedings such as turn-over actions, preference claims and lawsuits against fraudulent transferees.
Mr. Fullerton handled litigation for Coral Gables Federal, Amerifirst, Southeast Bank, SunBank, RTC, the FDIC, Helm Bank, and Executive National Bank. He also handles banking litigation for insurers in the areas of errors and omissions, suretyship and fidelity bonds. He currently represents AIG, National Union Fire Insurance Company of Pittsburg, PA., and Zurich American Insurance Company.
Mr. Fullerton is also lead defense counsel in several multi-million dollar construction litigation cases involving breach of contract, negligence and engineering malpractice, and is currently prosecuting cases on behalf of materialmen and subcontractors for nonpayment. He is currently handling a multi-million dollar expert witness mal-practice case.
Mr. Fullerton handled appeals in Florida's First, Third, Fourth and Fifth District Courts of Appeal, and in the United States Court of Appeals for the Eleventh Circuit. He has also handled appeals before Florida's Eleventh Judicial Circuit on appeals from the County Court in landlord/tenant cases, and before the United States District Court, Southern District of Florida in appeals from the Federal Bankruptcy Court.
Mr. Fullerton recently defended RICO, Lanham Act, trade dress, trademark, and copyright claims in several Florida and out-of-state federal district courts. Recently, as lead litigation counsel, he successfully prosecuted through final judgment a multi-million dollar federal fraud case against and investment advisor, and also successfully defended and prosecuted motions for preliminary injunction in intellectual property cases in Florida Federal District Court and California District Court. He recently defended several injunctions involving theft of trade secrets and theft of corporate opportunity in the intellectual property arena. He also was recently lead outside litigation counsel defending an international credit card processing company in a multi-million dollar cyber-fraud case involving the theft of credit card data, and successfully prosecuted a fraud case against a large publicly traded financial institution.
