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A Partner at Butler, David A. Mercer practices in our Casualty Defense Litigation, Extra-Contractual claims, Product Liability, and Trucking Departments. He joined the firm in 2004.

David received his Doctor of Jurisprudence, magna cum laude, from the University of Miami in 1998. He was awarded the Order of the Coif upon graduation. He also holds a Bachelor of Science, magna cum laude, in Political Science and Interdisciplinary Social Sciences from Florida State University, which he earned in 1995.


  • Florida


  • Florida State University
    Bachelor of Science
  • University of Miami
    Doctor of Jurisprudence


  • United States District Court – Northern District of Florida
  • United States District Court – Middle District of Florida
  • United States District Court – Southern District of Florida
  • Florida State Courts
  • United States Eleventh Circuit Court of Appeals


Aci’s Insurance Coverage & Extra-Contractual Disputes Conference

David Mercer and Lewis Collins presented at the 2016 ACI Insurance Coverage & Extra-Contractual Disputes Conference in Philadelphia on November 30th. David's topic was "Creative Bad Faith Set Ups: Preventive Strategies and Techniques with Regard to Open Limits, Policy Limit Demands, and Time Limit Demand Letters". His co-presenter is Michael K. Kiernan, a Partner at Traub Lieberman Straus &...

Tallahassee Recipient of Butler “Step-Up” Award Selected

The Tallahassee winner of the Butler Step-Up award has been selected. Kathy Maus presented the award to Ruth Castro, a senior at Godby High School, who received the award for her commitment to scholarly success and community service. The Firm's Community Service Committee enacted the Butler "Step-Up" Award to recognize deserving high school seniors who have exhibited a commitment to community...

Trying to Upend the Workers’ Compensation Act in Florida

A recent and unusual opinion out of the Circuit Court for Miami-Dade County may, at the minimum, be a harbinger for changes to come to Florida’s Workers’ Compensation Act. At the maximum, it could also provide the basis for thousands of potential liability lawsuits. In the case of Elsa Padgett v. State of Florida, the judge ruled Section 440.11 of the Florida Statutes unconstitutional becaus...

Aci 2014 Bad Faith Claims & Litigation Forum

David Mercer spoke at ACI 2014 Bad Faith Claims and Litigation Forum on November 18, 2014. He moderated for a discussion on "Bad Faith Trends."...

Another Item For Your Checklist: The Bad Faith Concerns Related To Overreaching Proposed Releases

A common scenario: claimant's counsel issues a time limit demand for policy limits and the insurer decides to accept the demand and tender the limits. Once the decision is made to accept the demand, the insurer should go through its checklist of concerns to make sure that each element of the time demand is met, while ensuring that the insured is adequately protected. Insurance Bad Faith  ...

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Clm’s 2014 Insurance Bad Faith Committee Mini-Conference

David Mercer spoke at CLM's 2014 Insurance Bad Faith Committee Mini-Conference on February, 28 2014. The presentation was titled, "Preparing the Company Witness for a Bad Faith Deposition."...

Recent Cases Discussing The Advice Of Counsel Defense: The Good, The Bad, And The Discovery

The gravamen of a third-party claim of bad faith is that the insurer failed to settle a claim against an insured when it had the opportunity to do so. The essence of the claim is that the insurer acted solely on the basis of its own interests, failed to properly and promptly defend the claim, and thereby exposed the insured to an excess judgment. However, a claim based on insurer negligence is ins...

Revisiting The Litigation Privilege And Its Application In Bad-Faith Cases

Over the last 25 years, courts have wrestled with the issue of whether to apply an absolute privilege to preclude bad-faith lawsuits based on an insurance company's conduct during the litigation of an underlying first-party or third-party claim. Some courts still refuse to recognize a bad-faith claim against an insurance company based upon its post-litigation conduct.  However, the prevailing tre...

Aci 23rd National Advanced Forum On Bad Faith Litigation

David spoke at ACI's 23rd National Advanced Forum on Bad Faith Litigation. He presented, "Recognizing the Red Flags in a Bad Faith Set-Up."...

Creative Methods Used To Set-Up ‘Bad Faith’ Claims — Use Of Multiple Coverage Demands

In the past decade, the bad-faith environment has rapidly shifted from a useful tool used by consumers to protect themselves from arguably egregious actions to an elaborate trap set by personal injury plaintiff attorneys to reap outrageous awards from seemingly innocent conduct by claims professionals. Insurance companies now fear multi-million dollar verdicts based on policies written for insured...

Pitfalls For The Unwary: The Use Of Releases To Preserve Or Extinguish Any Potential Bad-Faith Claims Between The Primary And Excess Insurance Carriers

Butler Weihmuller Katz Craig LLP This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 24, #14 (November 24, 2010). © 2010   [Editor's Note: David A.Mercer is a senior associate in the Tampa office of Butler Weihmuller Katz Craig LLP, which also has offices in Chicago, Charlotte,Mobile, Tallahassee, and Miami. Mr. Mercer is active i...

David Mercer