Marty Fulgueira Elfenbein practices in the areas of aviation law, automotive product liability, casualty and casualty defense. She joined Rumberger, Kirk & Caldwell in April of 2006 after participating in the firm’s Summer Associate Program in 2004 and 2005.
Since joining the firm, Marty has successfully tried cases for several clients, as first chair and when serving as second chair, she was involved in delivering opening statements, examining witnesses, arguing motions in limine, and handling charge conferences. Her trials included obtaining two defense verdicts for American Airlines in a breach of contract dispute and in a personal injury action as well as a directed verdict for La Quinta Inns in a workers' compensation retaliation case. Marty has also successfully tried other aviation cases involving the Warsaw Convention, allegations of severe turbulence, false imprisonment claims against flight attendants and airlines, and Air Carrier Access Act claims. Also in the area of aviation law, Marty’s motion practice has resulted in the creation of new law in the Southern District of Florida on issues involving the Montreal Convention’s preemptive effect, the definition of “accident” under the Montreal Convention, and the timing of an “accident” under the Warsaw Convention. Marty’s current aviation practice includes, among other cases, the litigation surrounding the December 22, 2009 incident in Kingston, Jamaica involving American Airlines Flight 331.
As part of Marty’s product liability practice, she was an integral part in prevailing in a $44 million action on a motion for summary judgment, later upheld on appeal, involving complex issues of Panamanian law. As a result of this victory, Marty was a member of the team selected as a finalist for the Daily Business Review's Most Effective Lawyers for 2008 in the international law category.
Prior to joining Rumberger, Kirk & Caldwell, she achieved one of the highest scores on the February 2006 Florida Bar Exam and had the honor of speaking on behalf of the newly admitted attorneys at their swearing in ceremony held at Florida’s Third District Court of Appeal. Marty attended the Levin College of Law at the University of Florida where she received her J.D. in December 2005, graduating magna cum laude and third in her class. While in law school, Marty graded onto the Florida Law Review and served as the Symposium Editor. She was an active member of the Justice Campbell Thornal Moot Court Team, winning Best Brief at the Florida Workers’ Compensation Moot Court Competition. She was also inducted into the Order of the Barristers and Order of the Coif.
While in law school, Marty was also a member of the Florida Blue Key Leadership Honorary and served as Assistant Defense Counsel for the Student Honor Court. A recipient of the I.C. Spoto Memorial Scholarship, Marty worked as a teacher’s assistant in both Legal Research and Writing and Appellate Advocacy. She received book awards for earning the highest grade in Civil Procedure, Appellate Advocacy, Property and Legal Drafting. She also received Honors in Legal Research and Writing, Appellate Advocacy, and Trial Practice. While in school, she clerked a semester with the Honorable Frederick D. Smith of the Eighth Judicial Circuit of Florida.
Attending the University of Florida for her undergraduate studies, Marty received her B.S. in Newspaper Journalism in December, 2002. She graduated magna cum laude and was in the top five percent of her class.