Diana L. Martin is of counsel at Cohen Milstein and a member of the Complex Tort Litigation practice. She handles complex legal issues and crafts innovative strategies for emerging liability theories in the areas of product liability, environmental toxic tort, consumer class, mass tort, False Claims Act, and managed care litigation. She provides appellate support at the trial stage and handles interlocutory and final appeals in state and federal courts throughout the country.
As a vital member of the trial team, Diana strategizes optimal approaches for case presentation, drafts and argues complex and case dispositive motions, handles jury instruction charge conferences, and guides trial counsel in preserving and protecting the record for potential appeals. At the appellate level, Diana has successfully defended multi-million-dollar judgments and has obtained reversals of orders disposing of class actions and mass tort litigation, ensuring that hundreds of plaintiffs have the opportunity to prove their cases in court.
- American Association for Justice
- Federal Bar Association
- Florida Bar Association
- Civil Procedure Rules Committee (2021–Present)
- Chair, Journal/News Editorial Board (2012-2013)
- Journal/News Editorial Board (2007-2013)
- Florida Justice Association
- Palm Beach County Bar Association
- Palm Beach County Justice Association
- Florida Association for Women Lawyers
- Taxpayers Against Fraud
- Public Education Committee (2023–Present)
- Board Member, Florida Bar Foundation (2015-2016)
- Juvenile Solitary Confinement Class Action: H.C., et al. v. Ric Bradshaw, et al.
- Named Most Effective Pro Bono Lawyer by the Daily Business Review in 2018
- Staff Attorney, the Hon. Judge Martha C. Warner, Court of Appeals, Fourth District of Florida
- Audit Committee Chair, Families First of Palm Beach County (2008-Present)
- Board of Directors, Families First of Palm Beach County (2005 – 2008)
- President, Florida Legal Services (2015-2016)
- Board of Directors, Florida Legal Services (2007-2016)
- University of Florida, J.D., High Honors, Order of the Coif, 2002
- Flagler College, B.A., summa cum laude, Departmental Honors, 1999
- Law Clerk, Hon. Martha C. Warner in Florida’s Fourth District Court of Appeal, 2002-2005
Baxter, et. al. v. Church of Scientology International (M.D. Fla.): On April 28, 2022, Cohen Milstein filed a human trafficking and forced labor lawsuit against David Miscavige; Church of Scientology International; Religious Technology Center, Inc.; International Association of Scientologists Administrations, Inc.; Church of Scientology Flag Service Organization, Inc.; and Church of Scientology Flag Ship Service Organization, Inc., for violations of the United States Code Chapter 77 of Title 18 and the Trafficking Victims Protection Reauthorization Act.
Cape Fear River Contaminated Water Litigation (E.D.N.C.): Cohen Milstein is Interim Co-Lead Class Counsel in a series of five putative environmental toxic tort class actions filed against E.I. DuPont de Nemours Company and The Chemours Company for knowingly discharging PFAS, such as GenX, and other “forever chemicals” into the Cape Fear River, one of North Carolina’s principal drinking water sources.
On March 2, 2021, Judge Terrence W. Boyle of the United State District Court for the Eastern District of North Carolina Southern Division appointed Cohen Milstein’s Theodore J. Leopold as Interim Co-Lead Counsel in this putative class action against CSX Corporation. In addition, Cohen Milstein’s Leslie M. Kroeger was appointed to the Interim Plaintiffs’ Steering Committee. […]
If you believe your home was damaged due to the negligence of the City of Miramar and the malpractice of its consultants, please call us at 561-515-1400 or complete our contact form. On April 5, 2023, Cohen Milstein filed Antezana, et al. v. Kimley Horn, et al. ( Cir. Crt. Broward Cnty.), an environmental toxic […]
Cohen Milstein is representing plaintiffs in a wrongful death and property damage mass action against the United States Department of Interior and National Park Service (NPS) for the negligence of its employees to perform their duties during The Chimney Tops 2 Fire in Tennessee, which originated in the Great Smoky Mountains National Park and ultimately damaged or destroyed 2,500 homes, buildings and other structures, and killed more than a dozen people.
U.S.A. v. Janssen Biotech, Inc. (D. Mass.): Cohen Milstein represents the plaintiff-relator in a whistleblower/qui tam lawsuit against Janssen Biotech (a subsidiary of Johnson & Johnson), alleging that the manufacturer of the rheumatoid arthritis drugs Remicade and Simponi ARIA violated federal law by engaging in a scheme through which it provided physicians free practice management and infusion business consulting services over an extended period to induce the physicians to purchase Remicade and Simponi ARIA and administer these drugs to patients, including Medicare beneficiaries, via infusions performed in their offices.
Underwood v. Meta Platforms, Inc. (Facebook) (State Crt., Cal.): Cohen Milstein filed a wrongful death lawsuit on behalf of Angela Underwood Jacobs, the sister of slain federal security officer Dave Patrick Underwood, against Meta Platforms, Inc., formerly Facebook. On May 29, 2020, Officer Underwood was providing security at a federal courthouse during a rally to protest the killing of George Floyd. According to documents filed in federal criminal proceedings, Officer Underwood was the victim of a drive-by shooting by Steven Carrillo and his accomplice, Robert Alvin Justus, Jr., who identify as boogaloo adherents, part of an extremist movement that advocates targeted violence against federal officers. Plaintiff alleges that by connecting users to extremist groups, including Officer Underwood’s killers who met through Facebook where they hatched their extremist plot to target and kill federal officers, and promoting inflammatory, divisive, and untrue content, the company bears responsibility for the tragic murder of Officer Underwood.
Walmart Litigation: Litigation against Walmart Stores has been ongoing since June 2001, in an effort dedicated to ensuring that millions of women who have worked for Walmart over the years receive equal pay and an equal chance at promotion.
Caterpillar Product Liability Litigation (D.N.J.): Cohen Milstein was co-lead counsel in a nationwide product liability class action lawsuit alleging Caterpillar sold diesel engines with defective exhaust emissions system that resulted in power losses and shutdowns. The case was settled in September 2016 for $60 million.
Philip Gillig’s family and doctors spent over a two-month period attempting to gain HMO authorization for specialized care, antibiotic treatment, surgery, and hospitalization. Their attempts failed due to United Healthcare employees’ refusal to return calls and their misconduct in sending calls to a voicemail system at United Healthcare that they knew was “full” and could […]
H.C., et al. v. Ric Bradshaw, et al. (S.D. Fla.): Cohen Milstein, in conjunction with the Human Rights Defense Center and the Legal Aid Society of Palm Beach County, successfully represented juvenile offenders against the Palm Beach County Sheriff’s Office and the Palm Beach County School Board, challenging the practice of placing juvenile offenders in solitary confinement and for allegedly denying mandated educational services to juvenile offenders held at the Jail, “including services needed to address their disabilities,” in violation of the federal Individuals with Disabilities Education Act. Cohen Milstein and its co-counsel resolved the matter in 2018 by obtaining a settlement that was first-of-its-kind in Florida, as it ended the systemic practice of holding juveniles charged as adults in solitary confinement and ensures the provision of educational services to such juveniles.
Hand et al., v. Scott et.al (N.D. Fla.): Cohen Milstein and Fair Elections Legal Network, a national voting rights organization, achieved a major victory in 2018 on behalf of former felons in Florida, who claimed their constitutional rights had been infringed by Florida’s Clemency Board. The court ruled that the Clemency Board’s process to grant or deny former felons’ restoration of voting rights applications was unconstitutionally arbitrary and violated the U.S. Constitution’s First and Fourteenth Amendments.
Herrera v. JFK Medical Center and HCA, Inc. (M.D. Fla.): Cohen Milstein was lead counsel in a class action lawsuit alleging that four Florida plaintiffs and others like them were billed inflated and exorbitant fees for emergency radiology services, in excess of the amount allowed by law, covered in part by their mandatory Florida Personal Injury Protection insurance. When the district court struck plaintiffs’ class claims, Ms. Martin successfully petitioned the Eleventh Circuit Court of Appeals to accept immediate appellate review and obtained a reversal of the district court’s order. Cohen Milstein resolved the case and secured final approval of a $220 million injunctive relief settlement.
Lindsay X-LITE Guardrail End Terminal Litigation: Cohen Milstein represented a number of families of decedents and victims of catastrophic injuries in a series of individual products liability, wrongful death and catastrophic injury lawsuits in Tennessee and South Carolina state courts against the Lindsay Corporation and several related entities for designing, manufacturing, selling, and installing defective, X-Lite guardrails on state roadways.
Mincey v. Takata (Cir. Crt., Duval Cnty., Fla.): Cohen Milstein was lead counsel in a lawsuit brought on behalf of Patricia Mincey and her family, a Florida woman who sustained catastrophic injuries that rendered her a quadriplegic in 2014 when the driver’s side airbag in her Honda Civic deployed too aggressively during a collision due to a product defect. Patricia Mincey passed away in early 2016 due to complications from her quadriplegia. The suit charged that Takata, the manufacturer of the airbag system, knew of the airbag defect and hid the problem from consumers. When the defendants removed Ms. Mincey’s case to federal court in an attempt to have it bogged down in multi-district litigation, Cohen Milstein successfully had the case remanded to Florida state court, where it is was resolved in July 2016.
Saori Yamauchi, et al. v. Toyota Motor Corporation, et al. (Cir. Crt., Dutchess Cty., N.Y.): Cohen Milstein and local New York co-counsel resolved a product liability and personal injury lawsuit against Toyota Motor Corporation, Autoliv, and related entities on behalf of Saori Yamauchi. Mrs. Yamauchi sustained a catastrophic injury during an accident in her Toyota Sienna as a result of the vehicle’s airbag system deploying in a dangerous manner.
- Palm Beach Illustrated’s Top Lawyers List (2021-2023)
- The Best Lawyers in America (2021-2023)
- Law 360 Consumer Protection Group of the Year (2019)
- Daily Business Review’s Most Effective Lawyers: Pro Bono (2018)
- South Florida Legal Guide Top Lawyers (2012-2022)
August 17, 2023
Wildfire Lawsuits Against US Over 2016 Tennessee Blaze Revived
A U.S. appeals court on Thursday revived lawsuits against the federal government by victims of the 2016 Great Smoky Mountains wildfires, which killed 14 people and caused over $1 billion in damage. A three-judge panel of Cincinnati-based 6th U.S. Circuit Court of Appeals vacated a lower-court judge’s dismissal of lawsuits alleging that park officials failed […]
In the News | Reuters
March 10, 2023
Janssen Must Hand Over Records In Kickback Case
Janssen Biotech Inc. must hand over its communications with federal agencies regarding a former employee’s claims filed on behalf of the government that the company paid doctors kickbacks to boost its drug sales, a Boston federal judge ordered. Chief U.S. Magistrate Judge M. Page Kelley settled a crossfire of discovery motions in an order Thursday […]
In the News | Law360
December 16, 2022
Janssen Thwarting Docs Order in Kickback Suit, Court Told
Pharmaceutical giant Janssen is refusing to comply with previous orders for discovery, impeding the progress of a suit alleging that it paid kickbacks to doctors to boost sales of certain drugs, attorneys for a relator told a Massachusetts federal judge Thursday. In a memorandum to U.S. District Chief Judge F. Dennis Saylor, relator Julie Long […]
In the News | Law360
September 7, 2022
11th Circ. Revives Bellwether Cases in Chiquita Murder MDL
The Eleventh Circuit has revived a bunch of bellwether cases in a massive multidistrict litigation alleging Chiquita Brands International funded a Colombian paramilitary group that killed thousands of people, ruling on Tuesday that a Florida district court wrongly precluded the cases from going to trial. In a 104-page unanimous published opinion, the court reversed much of a summary judgment […]
In the News | Law360
April 29, 2022
Family, Legal Team of Illegally Extradited and Jailed Humanitarian Paul Rusesabagina to Announce Lawsuit Against the Rwandan Government
Press Conference at the National Press Club on May 3, 2022 at 10:30 am EDT Washington, DC – On Tuesday, May 3 at 10:30 am EDT at the National Press Club in Washington, DC the family and legal representatives of illegally extradited and jailed humanitarian Paul Rusesabagina will hold a press conference to announce a […]
In the News
January 21, 2022
Social Media Company Sued for Federal Officer’s Murder
In her first national television interview since filing a wrongful death lawsuit against Facebook’s parent company, Angela Underwood Jacobs explains why she blames the social media company for the 2020 killing of her brother, a federal officer gunned down by anti-government extremists. View the complete interview here.
In the News | CBS Mornings
January 6, 2022
Slain Officer’s Sister Sues Facebook in ‘Boogaloo’ Murder, Alleging It Pushed Extremist Content
Facebook gave rise to the boogaloo community that led the officer’s killer and accomplice to connect, lawsuit alleges. The sister of a slain federal officer is suing Facebook’s parent company Meta, alleging it bears responsibility for her brother’s killing during racial justice protests in 2020. Facebook facilitated the hateful far-right “boogaloo” movement, leading an adherent […]
In the News | The Washington Post
January 6, 2022
Facebook Promoted Extremism Leading to Federal Officer Dave Patrick Underwood’s Murder: Lawsuit
Underwood was shot and killed guarding the federal courthouse in Oakland, Calif. In May 2020, as protests over the death of George Floyd raged across the country, federal security officer Dave Patrick Underwood was shot and killed while protecting the federal courthouse in Oakland, California. The alleged shooter, Steven Carrillo, an active-duty Air Force staff […]
In the News | ABC News
January 6, 2022
Sister of Slain Federal Officer Sues Facebook, Accusing Social Media Company of Promoting Violent Content and Connecting Alleged Killers Online
Facebook is the target of a new lawsuit from the sister of a slain federal officer who claims the tech giant’s algorithms and drive for revenue played an active role encouraging her brother’s alleged killers. The wrongful death lawsuit was filed in California state court Thursday by Angela Underwood Jacobs, the sister of David Patrick […]
In the News | CNN
January 6, 2022
Groundbreaking Lawsuit Alleges That Facebook Bears Responsibility for Murder of Slain Federal Officer
FOR IMMEDIATE RELEASE Family: Holding Facebook Responsible for Profit-Driven Promotion of Extremist Content Could Help Prevent Future Violence Case Highlights Reasons Facebook’s Conduct Isn’t Protected by Section 230 ALAMEDA COUNTY, CALIFORNIA – A groundbreaking wrongful death lawsuit filed today against Meta Platforms, Inc., formerly Facebook, Inc., alleges that by connecting users to extremist groups and promoting […]
In the News
September 11, 2020
Judge Refuses to Extinguish Wildfire Lawsuits Against US Government
The Great Smoky Mountains National Park cases, filed in 2018, allege that National Park Service failed to warn local officials and the area community about a fire that broke out Nov. 23, 2016, eventually charring more than 10,000 acres. As wildfires ravage the West Coast, victims of a 2016 wildfire in Great Smoky Mountains National […]
In the News | Law.com
September 9, 2020
Judge: US Park Hasn’t Shown Enough Done to Inform of Fire
U.S. park officials have failed to show enough was done to keep the public updated as a deadly wildfire spread from Great Smoky Mountains National Park in 2016, a judge ruled. The decision Tuesday by U.S. District Judge Ronnie Greer in Knoxville keeps lawsuits by survivors of the blaze on track for a potential trial, […]
In the News | Associated Press
March 19, 2020
Artificial Ethics: Self-Driving Cars Making Life and Death Decisions
As we begin a new year, we are all no doubt grateful for the blessings in our lives, including the ability to achieve justice for our clients through the legal system. But, to be honest, aren’t you a little disappointed that it is now 2020 and there is no real prospect of traveling by flying […]
Articles | FJA Journal
November 16, 2018
Juvenile Incarceration Changes: Solitary Confinement and Education
The first of its kind settlement in Palm Beach County is ending the practice of holding juveniles charged as adults in solitary confinement. Reported by Terri Parker: Police of the Palm Beach County Sheriff’s Office agreed to end the practice of putting juveniles in solitary. And Palm Beach County School Board will make sure that all jailed juveniles get the […]
In the News | WPBF 25 ABC
November 15, 2018
“End to Solitary Confinement,” WWSB 7 ABC
Palm Beach County is banning solitary confinement in their juvenile detention centers. Instead, they’ll be providing educational services to kids in that area or in that correctional facility. The Sheriff’s Office and School Board says incarcerated children will now receive schooling outside of their cells and alternative behavior management skills will be used instead. A […]
In the News
November 9, 2018
“Sheriff to End Solitary Confinement for Teens at Palm Beach County Jail Under Settlement,” The Palm Beach Post
Young offenders called it “the box.” It’s where their world at the Palm Beach County jail shrank to a 6-by-12 foot cell — for months. In solitary confinement, no music was allowed. No television. No human contact. If they complained, they were subject to verbal and sometimes physical abuse by sheriff’s deputies. Some of these […]
In the News
June 21, 2018
Practice of Holding Juvenile Offenders in Solitary Confinement Challenged in Palm Beach County
FOR IMMEDIATE RELEASE: Palm Beach, FL – Today, the Human Rights Defense Center (HRDC), the Legal Aid Society of Palm Beach County and the law firm of Cohen Milstein Sellers & Toll, PLLC, filed suit in federal court challenging the Palm Beach County Sheriff’s Office’s practice of placing juvenile offenders in solitary confinement. The complaint, which […]
January 13, 2017
“Former Takata Executives Indicted for Fraud and Conspiracy,” CBS Evening News
A federal grand jury in Detroit has indicted three former employees of Takata, charging them with concealing deadly defects in the Japanese company’s automotive air bag inflators. The indictments on six counts of conspiracy and wire fraud were returned Dec. 7 and unsealed Friday, January 13 just hours ahead of a Justice Department news conference […]
In the News
July 15, 2016
“Takata Settles Airbag Suit, Averting Testimony by Its Chief,” The New York Times
The airbag maker Takata settled a closely watched lawsuit involving the injury and eventual death of a woman whose car crashed in 2014. The settlement was announced moments before a critical hearing in which a judge in Jacksonville, Fla., could have ordered the company’s chief executive, Shigehisa Takada, to testify in the case. Even the […]
In the News