Kenneth W. Waterway represents companies and individuals in complex commercial litigation and business disputes. Additionally, he has significant experience and involvement in injury, death and catastrophic property damage cases, in which he primarily defends some of the country’s largest corporations. He has first-chaired and sole-chaired jury trials, bench trials, arbitrations, and evidentiary proceedings in state and federal court during his 20-year career, obtaining numerous winning verdicts and other successful outcomes for his clients. He is also an accomplished writer who has achieved many summary judgments and other favorable rulings or orders through his written advocacy.
Ken began law practice in Fort Lauderdale, Florida in 1993 with a firm of trial lawyers highly regarded in South Florida. He became a partner of the firm (known then and for most of its existence as Gordon Hargrove & James) in 1998, and joined Sedgwick Detert Moran & Arnold as a partner when that firm purchased Gordon Hargrove & James in 2009. For most of his tenure at these two firms Ken managed complex commercial litigation and catastrophic injury and death cases throughout the Southeast. This duty included both direct multi-jurisdictional practice and the engagement and supervision of local counsel. It also entailed responsibility for various high exposure lawsuits not only across all of Florida, but also in Georgia, the Carolinas, Virginia, West Virginia, Ohio, Illinois and Texas. In February 2013 Ken left Sedgwick and created Waterway Black, putting his experience to work for existing and future clients in an approach that emphasizes results, responsiveness, and value, leveraged by technology.
Experience / Practice Areas
Ken’s primary general practice areas have included commercial litigation, railroad and transportation litigation, and product liability. His significant specific practice area litigation experience includes the following:
- Commercial Litigation – wide variety of complex and simple business disputes and consumer claims, involving general contracts, account and asset sales and purchases, development agreements, purchase agreements, non-compete contracts, indemnification agreements, fraud, statutory deceptive trade practices claims, lemon law claims, and judgment enforcement.
- Railroad and Transportation Litigation – Federal Employer’s Liability Act, highway-rail grade crossing accidents, railroad trespasser fatalities and injuries, pedestrian accidents, sidetrack agreements and railroad contract disputes, and whistle-blower claims.
- Product Liability – Death, personal injury, and subrogation and property damage matters, including several class actions, arising out of claims relating to products’ design, manufacture, warnings, and advertising, for construction and mining equipment, cranes and aerial devices, on-highway and marine engines, power generators, pharmaceuticals and medical devices, automotive products, consumer products, and recreational equipment.
In the context of these practice areas, Ken has spent considerable time litigating electronic discovery and ESI issues, and counseling clients on e discovery and evidence preservation, accident investigation and inspections, and risk management and disaster/crisis preparedness.
Ken has developed a particular interest in using law-related technology to enhance his efficiency and effectiveness. Largely self taught, he has personally utilized leading (and little known) technology tools in hundreds of courtrooms, depositions and mediations, in diverse settings ranging from portable structures in decidedly rural venues to (sometimes) well equipped courtrooms to the most lavishly appointed opposing counsel’s office. Ken has also consistently accepted the responsibility of mentoring younger attorneys. He has devoted substantial time to mentoring both formally and informally, and in this regard has been actively involved in law firm mentorship programs, served on the faculty of a law firm trial academy, presented as a continuing legal education instructor and volunteered as a writing coach.
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Southern District of Florida
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
J.D., University of Michigan Law School, 1993
B.S. (with Highest Honors), Rutgers University, 1990
Honors and Activities
Rated AV/Preeminent (5.0 out of 5.0) by Martindale-Hubbell
Faculty, Sedgwick Trial Academy, Dallas TX
Product Liability Advisory Council
National Association of Railroad Trial Counsel
Defense Research Institute
Florida Defense Lawyers Association
Broward County Bar Association
Publications and Presentations
- Guest Lecturer, “Remedies: The Defense Perspective,” FIU Law School, Spring 2013
- “Florida Supreme Court Urges Importance of Properly Defining Design Defect in Product Liability Cases,” Sedgwick’s Product Liability Advisory (May 2012)
- “A Plea for Legislative Reform: The Adoption of Daubert to Ensure the Relaiblity of Expert Evidence in Florida Courts, Nova Law Review, 2011
- “McBride v. CSX: Supreme Court's Decision a Blow to Railroads or Mixed Bag?,” Sedgwick’s Product Liability Advisory (July 2011)
- Florida’s Decision Rejects “Consumer Expectations” Test as Independent Basis for Finding Design Defect, Sedgwick’s Product Liability Advisory (2010)
- Case Study: Hogan v. Gray Gable, Law 360 (2010)
- Lecturer, Legal Issues in Grade Crossing Collision Investigation, Grade Crossing Collision Investigation Course (2004)