Appellate Practice

The Appeals Process in Fort Lauderdale
Making sure the law and the evidence support the ultimate outcome of the case requires an attorney to have a deep understanding of both trial and appellate law. Appeal cases rely heavily on legal persuasiveness and the record as established at the trial level to show an appellate panel or judge that a trial was correctly done or was flawed. The Conrad Scherer Appellate Attorney team has extensive experience advocating for our clients’ interests in venues at all levels of the justice system, from state and federal appellate courts to state supreme courts to the Supreme Court of the United States. We’ve successfully handled appeals on a broad range of issues, including securities litigation, class actions, mass torts, product liability, civil rights and human rights violations, medical malpractice, commercial disputes and more.


Conrad & Scherer – Appellate Experts
Conrad & Scherer has a wide range and depth of experience in appellate practice that starts from the bottom up. Our experience includes consulting on and acting as advisor at the trial court stages, assisting with discovery issues, dispositive motions, jury instructions and post-trial motions to preserve issues on appeal, monitoring and advising trial court proceedings, and handling appeals in cases tried by other firms in both federal and state courts. Whether in federal or state court, your Conrad & Scherer appeals attorney can help you evaluate the issues, move for post-trial relief, and handle the appeal in Fort Lauderdale court.


Our team will satisfy whatever role best suits our client’s needs, ranging from consultation with trial counsel to independent pursuit of a complete appeal. Our attorneys can practice in all State and Federal courts in Florida and in other jurisdictions as well.


Fort Lauderdale Appellate Attorneys
The Conrad Scherer attorney team has extensive experience in pursuing appeals from unfavorable rulings at the trial or district court level, as well as defending appeals brought by others. We have litigated appeals at various district courts throughout the state of Florida, the Florida Supreme Court, the Eleventh Circuit and district courts from bankruptcy rulings, as well as at the United States Supreme Court.


At these various levels of appeal, Conrad & Scherer can provide the experienced counsel that you would expect to receive from a large firm, but with the personalized attention that is lacking from many other large firms in South Florida. The services provided by the firm in this area extend from trial and pre-trial services to ensure all matters are preserved for appeal, through the full appellate process and oral argument on appeal. Aside from our experienced attorneys, the Conrad Scherer team also includes meticulous researchers and highly skilled writers who understand how an appellate brief should be written and prepared to ensure the presiding judge understands the key issues in any appeal.


All types of cases can require or result in appellate actions, so it is critical that you work with a firm comprised of several individuals who understand and have experience with appellate law. At Conrad & Scherer, our dedicated team of appellate lawyers will fight for you!


Trust Conrad & Scherer’s Experienced Appellate Team
Conrad & Scherer’s attorneys have been fighting for commercial and individual clients fore more than 45 years. Our diverse team has vast experience litigating large, small, complex, and simple appellate law cases in the greater South Florida area and beyond. We also have offices in other states including New York and North Carolina, and our firm also operates an office in Quito, Ecuador. If you, a close relative, or friend needs legal advice or representation for an appellate or trial matter, call the professional at Conrad Scherer today. Our team of experienced attorneys will guide you and help find the most favorable outcome for your specific set of circumstances.

  • IRWIN R. GILBERT
    AREAS OF PRACTICE
    BIO
    IRWIN R. GILBERT
    Senior Partner
    IRWIN R. GILBERT
    EDUCATION
    • University of Buffalo, John Lord O’Brien School of Law, Juris Doctor, 1977
    • University of Buffalo, Bachelor of Science, 1970
    BAR ADMISSIONS
    • Florida, 1996
    • District of Columbia, 1980
    • New York, 1978
    • United States Supreme Court
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Northern District of Florida
    • U.S. District Court, Southern District of Florida
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Western District of New York
    BIOGRAPHY:
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    Irwin Gilbert is a senior partner at Conrad & Scherer’s Fort Lauderdale office with a practice concentrating primarily on complex commercial litigation, general business litigation, construction defect litigation, class actions and professional liability. Practicing in State and Federal Courts in Florida and across the Country, Irwin represents fortune 100 companies in high stakes litigation. He has been selected as lead counsel for the defense in mass shooting cases.

    Irwin believes that success depends on communicating with the client to fully understand the client’s needs and expectations and designing a strategy to achieve those results in the most efficient manner possible.  He has repeatedly “compressed the timeline” of litigation to conserve the client’s resources and minimize the disruption of the client’s business.  When it comes to litigation, time is money.  Compressing the timeline means getting the case on the fastest track, deflecting delay strategies by opposing counsel and getting the case to a resolution before his clients exhaust their patience and their resources. While Irwin has extensive experience taking complex litigation through trial, he believes that most disputes have the potential for less expensive resolution if the issues and objectives are clearly identified at the outset.

    Irwin’s clients have included banks, investment firms, executives, celebrities, legal professionals, and Fortune 500 companies.  In some of his more groundbreaking decisions, Irwin reigned in fiduciaries who had exceeded their powers, including court-appointed guardians and Assignees for the Benefit of Creditors.  Irwin has also protected business clients from lawsuits, including class action, antitrust matters and trade secrets cases. In several of these cases, more than one hundred million dollars was at risk.

    Irwin has a wide range of experience practicing throughout the United States and has litigated cases in Great Britain and Japan. His original training was in antitrust and unfair competition, defending companies in Robinson Patman and price-fixing conspiracy cases.  He also served as Chairman of the Business Law Section of The Florida Bar’s Antitrust & Trade Regulation Subcommittee and also as Chair of the Florida Bar’s Business Litigation Committee.

    Prior to studying law, Irwin studied physics and electrical engineering and was engaged in government service. Irwin earned his Juris Doctor degree from the University of Buffalo, John Lord O’Brien School of Law and after clerking, began practicing in two large New York City law firms. Prior to joining the firm, Irwin was a Partner in his own practice also defending private lenders, construction companies and commercial real estate developers in complex commercial litigation.

    Community Involvement/Affiliations
    • Member, Florida Bar Business Law Section
    • Co-Chairman, Business Litigation Committee, Business Law Section of The Florida Bar
    • Chair, Antitrust & Trade Regulation Subcommittee, Business Litigation Committee, Business Law Section of The Florida Bar
    • Client Security Fund Committee, The Florida Bar
    • Past Chairman, 15th Circuit Grievance Committee, The Florida Bar
    • Past Regional Vice President, The National Client Protection Organization, Inc. (NCPO)
    Significant Matters/Cases
    • Ullrich v. Welt (In re Nica Holdings, Inc.), 810 3d 781 (11th Cir. 2015). Wishing to dissolve and wind up its affairs, Nica Holdings, Inc. decided to avoid the more expensive route of a Chapter 7 Bankruptcy and chose instead to irrevocably assign its assets to an Assignee under Florida’s Assignment for Benefit of Creditors (“ABC”) statute, Section 727.101, et seq.  One of its assets was stock in a Nicaraguan corporation engaged in fish farming (“Nicanor”).  Seeking to sell that asset, the Assignee entered into an unambiguous and unconditional agreement to sell the stock to an existing investor in Nicanor, Peter Ullrich.  Despite receiving a substantial down payment from Ullrich, the Assignee never notified creditors nor sought court approval of the sale.  He kept the down payment and sold the stock to a third party.  The Assignee essentially botched the entire ABC case and himself became the subject of a lawsuit.  In turn the Assignee, facing motions to remove him for cause and for leave of court to sue him personally, took it upon himself to file bankruptcy on behalf of Nica—despite the fact that he had no authority to do so.  Irwin represented Ullrich who had contracted to purchase the stock in Nicanor and who lost millions of dollars due to the Assignee’s actions.  The Assignee happened to be a Chapter 11 Panel Trustee in the same court in which he filed bankruptcy on Nica’s behalf.  In a series of stunning events, Ullrich’s claim against the Assignee was taken away from him as “derivative,” and the Chapter 7 Trustee promptly settled that multi-million dollar claim for a mere $50,000.00, letting the Assignee off the hook. On behalf of his client, Irwin appealed, challenging the Assignee’s authority to file the bankruptcy case in the first place.  Deciding on an issue of first impression, the U.S. Court of Appeals for the Eleventh Circuit reversed the Bankruptcy Court and held that an assignee acting pursuant to Florida’s ABC statute lacked the inherent authority to place the assignor into bankruptcy.  As a result, the orders entered in the bankruptcy case filed by the Assignee were void ab initio, with the settlements reached therein and approved by the Bankruptcy Court subject to reversal.
    • Jasser v. Saadeh, 97 So.3d 241 (Fla. 4th DCA 2012). In a significant decision, the Florida’s Fourth District Court of Appeal ruled that an Allegedly Incapacitated Person (“AIP”) in an involuntary incapacity case cannot settle the case prior to a determination of capacity and that the appointment of a Temporary Guardian strips the AIP of his legal right to enter into a settlement agreement.  Karim Saadeh was an elderly widower who alarmed his children when he decided to remarry.  His children decided to hire a lawyer and have him found incapacitated. After court proceedings, an Emergency Temporary Guardian was appointed.  Saadeh was an immigrant from the Middle East and was unfamiliar and intimidated by the court processes.  In order to “settle” the litigation, Saadeh agreed to sign a Revocable Trust in which his three children would control the Trust.  He unwittingly signed an Irrevocable Trust.  The Trust he signed was plainly labeled “Revocable Trust,” but a reading revealed Saadeh could not revoke it himself.   All of his property was transferred to the Trust resulting in exposure to massive gift taxes.  At trial, Irwin succeeded in having the Trust found void ab initioand also recovered the legal fees his children’s lawyers took from the Trust.
    • Saadeh v. Connors, Meyer, Barfield and Noble,166 So.3d 959 (Fla. 4th DCA 2015). On behalf of his client, Karim Saadeh, Irwin sued those responsible for tricking him into signing an irrevocable trust.  In this case brought upon the “wrongful act doctrine,” Irwin sought to recover hundreds of thousands of dollars in legal fees his client incurred in getting the trust dissolved.  One of the defendants was the attorney for the Emergency Temporary Guardian.  Saadeh sued on the theory that even though she was not his attorney, she had a duty to act solely in his best interest, since he was a Ward of the Court.  The trial court granted summary judgment dismissing the claims against this lawyer.  On appeal, Florida’s Fourth District Court of Appeal reversed.  In a case of first impression, that court held that the Guardian’s attorney owed a duty of care to Saadeh, and that a breach of that duty would present a viable claim.
    • Jasser, Mamone and Lycke v. Saadeh,91 So.3d 883 (Fla. 4th DCA 2012). Karim Saadeh loaned a large sum to Jasser, Mamone, and Lycke who intended to use loan proceeds to purchase an investment property. Repayment of the note was due after the property was sold.  The Note did not contain a maturity date.  The borrowers argued that the note was not silent as to maturity because the note provided for payment when the house was sold.  The trial court granted judgment to our client, finding the Note was effectively “due on demand.” The District Court of Appeals affirmed, adding a finding that the Pre-Trial Stipulation stated “By operation of law the Note was due on Demand.”
    • In re Dack,101 Misc.2d 490 (NY 1979). Dack was a Police Officer who was in a gun battle with a suspect in an alley just 40 feet apart.  Although suffering a head wound, Dack was able to return fire and kill his assailant.  The morning newspaper reported that “witnesses to the shooting” told reporters that Dack executed the suspect at point blank range as he lay on the ground.  However, there were no witnesses to the shooting in an alley in the middle of the night.  It is believed that the reporters either made up the story or they recklessly disregarded the truth.  In pre-suit discovery, Irwin deposed the two reporters, who then refused to answer questions based upon New York’s Shield law, which protects the confidentiality of a reporter’s sources.  Irwin succeeded in convincing the court that, under the circumstances of allegedly speaking to witnesses in the crowd of people that formed after the shooting was over, there would be no expectation of confidentiality.  This case was cited by prosecutor “Jack McCoy” in an episode of TV’s “Law & Order.”
    • Nick v. MPG Capital Corp.,56 N.Y.2d 515 (1982). Irwin represented Norman Nick, a securities salesman employed by MPG Capital Corp.  Nick sought to arbitrate his compensation dispute under the NASD Code.  In this precedent setting case, the New York Court of Appeals (its highest court) reversed the Appellate Division and ruled that because MPG was a member of the NASD and the NASD required its members to arbitrate disputes, arbitration was mandatory even though it was not a term of Nick’s employment.
    • Three Keys, Ltd. v. Kennedy Funding, Inc., 36 So.3d 656 (Fla. 5th DCA 2010). Three Keys, Ltd., was owned by Richard Basciano, infamous for his title of the “Porn King of Times Square.”  Three Keys and Kennedy Funding jointly loaned more than $16 Million to a developer in Ft. Myers who defaulted.  Senior lender Kennedy Funding went about the task of liquidating real property assets.  Under the terms of an inter-creditor agreement, Kennedy Funding was entitled to recover all its expenses, loan principal, and interest before any payment was due to Three Keys.  Despite a complete lack of evidence that Kennedy Funding had breached any duty to Three Keys, a jury awarded the company $5,345,000.00.  The trial court set aside the verdict.  Florida’s Fifth District Court of Appeals affirmed in a lengthy decision.  The decision turned on the scope of duty under the “good faith and fair dealing” doctrine when the contract grants one party total discretion in determining how to deal with the liquidation of assets.
    • Trade Secret Litigation:
    • Pollio Dairy Products, Inc. v. Sorrento Cheese Company. This case began with accusations of theft of trade secrets pertaining to the mass production of ricotta cheese, but spun into accusations of perjured testimony and judicial corruption.  Pollio won a bench trial, dealing a massive blow to Sorrento.  However, post-verdict, three critical witnesses for the Plaintiff disavowed their trial testimony claiming they had been coerced.  Post-trial investigation also revealed that the Trial Judge’s Law Clerk conducted business with the Plaintiff.
    • Argus Photonics Group, Inc.  v. Dickenson and Panametrics, Inc., 841 So.2d 598 (Fla. 4th DCA 2003). In this case Irwin succeeded in having the Florida’s Fourth District Court of Appeal reverse the Florida Supreme Court.  The Florida Supreme Court had ruled that factual disputes could not be tried in declaratory judgment cases.  The Fourth District Court of Appeal held that, in appropriate circumstances, courts could resolve factual disputes necessary to reaching declaratory judgment.  Argus sued Dickenson and Panametrics for $100 Million, alleging theft of trade secrets pertaining to a unique surgical laser system. Two engineers employed by Argus jumped ship despite non-compete agreements and went to work for Panametrics, a subsidiary of General Electric.  In a separate suit, which reached trial first, Panametrics and its engineers sued for declaratory judgment claiming that Argus failed to protect trade secrets and thus lacked a legitimate business interest necessary to enforce its non-compete agreements.  Careful pre-trial investigation revealed that Argus had repeatedly disclosed its trade secrets to potential buyers and investors without obtaining confidentiality agreements.  Panametrics strategy of a pre-emptive strike resulted in a win in both cases.
      Antitrust:
    • Gemini Chemical v. Edmer Sanitary Supply Company, Inc. U.S. District Court, Eastern District of New York. Two salesman for Edmer, a sanitary supply company, resigned and formed a competing company.  With knowledge of Edmer’s customers and prices, they quickly undercut Edmer and began to take away its customers.  Edmer retaliated by offering those customers even greater discounts.    In this case brought under The Robinson-Patman Act, Gemini sued for damages and injunction based upon the Robinson-Patman’s prohibition against undercutting new entrants in the marketplace.  We represented Edmer and won a trial dismissal.  Prior to trial, we had made a Motion for Summary Judgment that was denied based upon the plaintiff’s expert witness affidavit.  At trial, we had the opportunity to cross-examine that expert.  After some two hours of cross-exam, the court interrupted and took over the questioning, reversed itself, and granted our Motion for Summary Judgment.
    • Body Worx, LLC v. Basic Research,S. District Court, Western District of Texas. An anti-trust and price fixing conspiracy case.  Our Motion to Dismiss was granted even though our client sent emails which seemed to admit their efforts to ‘fix’ the price of its product on the internet.  How do you defend a client that has left a paper trail showing it plainly attempted to set the price of a retail product by threatening and cajoling a distributor?  By arguing that the attempts failed, no price discipline was ever accomplished, and that there is no such thing as attempted anti-trust.
    Awards/Recognitions
    • Recognized as a Best Lawyer in Commercial Litigation for The Best Lawyers in America©, 2021
    • Listed as one of the “FACES of Fort Lauderdale” in Complex Commercial Litigation by Fort Lauderdale Illustrated Magazine, 2020
    • Frivolous Lawsuit Demise Greatly Exaggerated in Palm Beach County, Palm Beach Post, August 20, 2017
    • Appeals Court Reverses Self in Real Estate Case That Spawned 8 Amicus Briefs, Daily Business Review, February 7, 2017
    • Newsmakers: People in Palm Beach County Business, Civic Life, Palm Beach Post, August 7, 2016
    • Appointed Chairman of The Florida Bar’s Business Litigation Committee, Legal Learning Series, July 5, 2016
    • Appointed Chairman of The Florida Bar’s Business Litigation Committee, Attorney at Law Magazine, July 5, 2016
    • Appointed Chairman of The Florida Bar’s Business Litigation Committee, CityBizList South Florida, July 5, 2016
    • Trial Pros: Irwin Gilbert, Law360, June 24, 2016
    • Special Report: New Partners, Daily Business Review, March 31, 2016
    • Statewide Business: Firm Shifts Into High-Growth Mode, South Florida Legal Guide, January 2016
    Publications/Teaching & Speaking Engagements
    • Contributor, LexisNexis Practice Guide: Florida Business Torts, Danvars, Mass.: Matthew Bender & Company, Inc., 2013
    • Defending Mass Shooting Cases-The New Normal: Liability for Mass Incidents in the Present and Near Future, June 2018
    • Surviving Litigation without Breaking the Bank, May 2018
    • Active Shooting & Liability Coverage, January 2018
    • Legal Strategies for the Construction Industry, July 2016
  • ERIC J. HAGER
    AREAS OF PRACTICE
    BIO
    ERIC J. HAGER
    Partner
    ERIC J. HAGER
    EDUCATION
    • Columbia University School of Law, Juris Doctor, 2006
    • American University, Bachelor of Science, 2000
    BAR ADMISSIONS
    • Massachusetts Bar, 2006
    • District of Columbia Bar, 2007
    • United States District Court for the District of Columbia, 2007
    • Eleventh Circuit Court of Appeals, 2009
    • Ninth Circuit Court of Appeals, 2010
    • District of Columbia Circuit Court of Appeals, 2013
    BIOGRAPHY:
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    Eric Hager is a partner in the Firm’s Quito, Ecuador office. His practice includes transnational litigation, appeals, commercial litigation, securities & financial regulatory litigation, consumer finance litigation, general civil litigation, land use litigation, and trust litigation.

    Mr. Hager’s experience in complex litigation is varied. He has played key roles in diverse matters in a number of state and federal courts throughout the country and has managed multinational teams on difficult e-discovery and other discovery projects. Mr. Hager has represented a range of clients from the U.S. and abroad, including the former CEO of a publicly-traded company, small and mid-sized businesses, local governments, and non-profit organizations. He has also led or participated in appeals in multiple state and federal courts.

    Mr. Hager has years of experience working with liability and damages experts in high-stakes commercial litigation. He has also worked closely with experts on foreign law from Ecuador, Colombia and Peru in order to file declarations from foreign law experts in U.S. courts. Mr. Hager has represented clients seeking and opposing discovery in relation to foreign legal proceedings under 28 U.S.C. § 1782, which is a statute allowing litigants to obtain discovery related to foreign legal proceedings using the assistance of U.S. courts. An example of a successful request for discovery under Section 1782, done in conjunction with local counsel, is reflected in the magistrate’s report from In re Solines, No. MC 18-3680, 2018 WL 2225134 (E.D. La. Apr. 30, 2018). Also, Mr. Hager has assisted clients with requests for international judicial assistance, commonly referred to as letters of request or letters rogatory. In addition, Mr. Hager provides the firm’s Latin American clients with assistance in cross-border litigation and transactions.

    Mr. Hager has experience briefing a wide range of complicated legal issues. Representative issues include defenses to claims common to commercial litigation, such as claims for breach of contract, fraud, and tortious interference; choice of law, including between foreign and U.S. law; international comity, forum non conveniens, and other defenses typical in transnational litigation; statutory construction of state, federal, and foreign statutes; removal from federal court and remand to state court; the intersection of state property law and federal tax law; standing and capacity to sue; issue and claim preclusion; tolling of the statute of limitations and other timeliness issues; and procedural issues associated with a variety of pre-trial motions, including motions to dismiss, motions for summary judgment, discovery motions, and motions in limine. Mr. Hager also has experience arguing motions on complex issues before state and federal courts.

    Prior to focusing on commercial litigation and appeals, Mr. Hager spent over six years primarily representing the firm’s clients seeking to hold multinational corporations accountable for human rights abuses. In that role, he took and defended depositions abroad and in the U.S., obtained a reversal on a key issue from the U.S. Court of Appeals for the District of Columbia Circuit, briefed numerous other appeals, and led discovery-related and other field work in remote regions of Colombia, Ecuador and Peru.

    Before joining the Firm in 2009, he practiced as a commercial litigator, primarily working on consumer financial services matters in the Washington, D.C. office of a large national firm.

    Mr. Hager is fluent in Spanish, resides in Quito, Ecuador, and has traveled extensively throughout South America’s Andean region on business.

    Awards/Recognitions
    • Listed as one of the “FACES of Fort Lauderdale” in Complex Commercial Litigation by Fort Lauderdale Illustrated Magazine, 2020
    • Columbia University School of Law, Harlan Fiske Stone Scholar
    • Columbia University Journal of Environmental Law, Articles Editor
    • Fulbright Scholar, Canada-U.S. Fulbright Program, September 2002 to May 2003

     

  • RUSSELL R. O’BRIEN
    AREAS OF PRACTICE
    BIO
    RUSSELL R. O’BRIEN
    Partner
    RUSSELL R. O’BRIEN
    EDUCATION
    • University of Miami School of Law, Juris Doctor, magna cum laude, 2010
    • University of California at Berkeley, Bachelor of Arts, 2003
    BAR ADMISSIONS
    • Florida Bar, 2010
    • United States Bankruptcy Court for the Southern District of Florida
    • United States District Court for the Southern District of Florida
    • United States District Court for the Middle District of Florida

     

    BIOGRAPHY:
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    Russell O’Brien is a Partner in the Firm’s Fort Lauderdale office and concentrates his practice on contract disputes, securities litigation, fraud (misrepresentation, inducement, transfers, aiding and abetting and conspiracy), fiduciary relationships and business torts, shareholder disputes (direct and derivative), and class action defense. He also has experience in admiralty law, including vessel acquisitions and sales, vessel refurbishment and repair, vessel charter, and foreclosing and defending against necessaries liens and first preferred ship mortgages.

    Russell is the Firm’s Administrative Partner and manages the Firm’s eDiscovery department. He regularly advises corporate clients regarding eDiscovery planning and protocols, e-Retention, and litigation concerning eDiscovery disputes.

    Russell has represented Fortune 500 companies, small businesses and individuals in both jury and bench trials, and has wide-ranging courtroom experience in both state and federal court. Prior to joining Conrad & Scherer, Mr. O’Brien practiced at an AM 100 law firm, primarily representing financial institutions in class action litigation.

    Community Involvement/Affiliations
    • Broward County Bar Association
    • 17th Judicial Circuit Grievance Committee Member, since 2018
    Awards/Recognitions
    • Recognized as a Best Lawyer: Ones To Watch in Commercial Litigation for The Best Lawyers in America©, 2021
    • Selected as Florida Super Lawyers® “Rising Star”, 2020
    • Listed as one of the “FACES of Fort Lauderdale” in Complex Commercial Litigation by Fort Lauderdale Illustrated Magazine, 2020
    • Listed in Attorney At Law Magazine, “Rising Star”, 2018
    Notable Experience
    • Represented jet engine manufacturer in breach of lease claim and obtained prejudgment writ of attachment on commercial aircraft
    • Appeared before SEC for extensive attorney proffers and client interview in connection with violations of Rule 10b of the Exchange Act
    • Represented company in jury trial for breach of yacht charter management agreement and fines incurred while yacht was in French waters
    • Represented South American business and individuals in cross-border dispute, including challenges to personal jurisdiction and service of process issues under Peruvian law
    • Defended multiple insurance companies in class actions in connection with Florida’s No-Fault insurance statute, including negotiating settlement, final fairness hearings, and issues regarding notice to class members
  • JANINE KALAGHER MCGUIRE
    AREAS OF PRACTICE
    BIO
    JANINE KALAGHER MCGUIRE
    Senior Associate
    JANINE KALAGHER MCGUIRE
    EDUCATION
    • Catholic University of America, Columbus School of Law, Juris Doctor, 1995
    • Providence College, Bachelor of Arts, 1992, cum laude
    BAR ADMISSIONS
    • Florida Bar, 1996
    • New York Bar, 1996
    • Eleventh Circuit Court of Appeals, 2001
    • Supreme Court of United States, 2004
    BIOGRAPHY:
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    Janine Kalagher McGuire is a senior associate in the firm’s Fort Lauderdale office. Mrs. McGuire provides key appellate and litigation support for the firm’s diverse clientele throughout all stages of litigation.

    Having extensive insight as to appellate issues and process, Mrs. McGuire works closely with the firm’s litigation teams during the trial court stages to ensure that appellate rights are preserved with a proper and compelling record should an appeal be necessary.

    Mrs. McGuire has practiced within many areas of law in addition to appellate practice, including health care, medical malpractice, professional liability, governmental and administrative law and complex commercial litigation. In particular, Mrs. McGuire’s experience in health care law includes managed care, risk management, medical staff/peer review, employment, and medical malpractice litigation.

    Community Involvement/Affiliations
    • Saint Mark’s Episcopal Church and School, Board of Trustees, 2013
    • Broward County Bar Association, Member, 1996 to present
    • Omicron Delta Epsilon, Member, 1992 to present
    Significant Matters/Cases
    • Rohart v. Phoenix Emergency Med. of Broward, L.L.C., 41 So. 3d 410 (Fla. 4th DCA 2010)(PCA); Rohart v. N. Broward Hosp. Dist., 45 So. 3d 461 (Fla. 2010)(Petition for review dismissed); Rohart v. N. Broward Hosp. Dist., 131 S. Ct. 1570, 179 L. Ed. 2d 473 (2011)(Petition for writ of certiorari denied). Successfully defended a large governmental entity in several appeals filed by a former employee claiming tortious interference with a business relationship, denial of due process, and denial of equal protection.
    • Padilla v. N. Broward Hosp. Dist., 270 F. App’x 966 (11th Cir. 2008). Successfully defended a large governmental entity in an appeal filed in the United States Court of Appeals, Eleventh Circuit, by a former employee claiming discrimination in violation of Title VII and the Florida Civil Rights Act.
    • Marmorstein v. Wallach, 993 So. 2d 535 (Fla. Dist. Ct. App. 2008)(PCA). Successfully defended the appeal of an order dismissing a complaint with prejudice which sought to obtain a $1.7 million commission on a purported viatical settlement contract that failed to disclose the amount and method of calculating the commission as required by Florida law.
    • City of Lauderhill v. Rhames, 864 So. 2d 432 (Fla. 4th DCA 2003). Appealed a judgment against a municipal corporation in a § 1983 action brought by several employees alleging violations of their substantive due process rights as the result of a department wide reorganization that eliminated their supervisory positions.
    Awards/Recognitions
    • Listed in South Florida Legal Guide, “Top Lawyers”, 2013 and 2014
    • Listed in South Florida Legal Guide, “Top Up and Comers”, 2010 to 2012
  • CANDACE A. MANCE
    AREAS OF PRACTICE
    BIO
    CANDACE A. MANCE
    Senior Associate
    CANDACE A. MANCE
    EDUCATION
    • University of North Carolina, Chapel Hill Law School, Juris Doctor, 2001
    • University of North Carolina, Chapel Hill, Bachelor of Arts, 1998
    BAR ADMISSIONS
    • Florida Bar, 2001
    • North Carolina Bar, 2012
    • United States District Court for the Southern District of Florida,  2003
    • United States District Court for the Northern District of Florida,  2003
    • Fourth Circuit Court of Appeals, 2016
    BIOGRAPHY:
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    Candace A. Mance is a senior associate in the firm’s Brevard office. Ms. Mance is an experienced litigator and focuses her practice on commercial litigation, class action litigation and business torts.

    Prior to joining the firm, Ms. Mance practiced in South Florida representing corporate clients and several Fortune 500 companies in a variety of commercial matters and insurance litigation in state and federal court as well as in administrative proceedings.

    Community Involvement/Affiliations
    • Asheville Chambers of Commerce – 2019 to present
    • Transylvania County Bar Member – 2015 to present
    • Member Transylvania County Homeless Coalition 2012-2015
    • Member of Western North Carolina Advanced Care Coalition 2013-2015
    • Mountain Area Volunteer Lawyer – 2015 to 2018
    • Frequent Presenter to the Buncombe County Re-Entry Council
  • KYLE S. ROBERTS
    AREAS OF PRACTICE
    BIO
    KYLE S. ROBERTS
    Associate
    KYLE S. ROBERTS
    EDUCATION
    • Nova Southeastern University, Shepard Broad College of Law, J.D., cum laude, 2015
    • Florida Atlantic University, B.A., 2012
    BAR ADMISSIONS
    • Florida Bar, 2015
    • United States District Court, Southern District of Florida
    • United States District Court, Middle District of Florida
    BIOGRAPHY:
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    Kyle Roberts is an Associate, at the firm’s Fort Lauderdale office, where he focuses on a variety of matters including Commercial Litigation, Personal Injury, Wrongful Death, Appellate Practice, Third Party Insurance Defense, General Liability and Coverage.

    Prior to joining the firm, Kyle was an Associate Attorney at a multi-state law firm, where he assisted clients in litigation relating to Third Party Insurance Defense and General Liability.  He also gained valuable experience in trial litigation at a boutique insurance defense law firm.

    Kyle earned his Bachelor of Arts degree in Political Science from Florida Atlantic University.  He went on to earn his Juris Doctor degree, cum laude, from Nova Southeastern University, Shepard Broad College of Law.  While in law school, Kyle earned a spot on the Dean’s List in five semesters and served as the Editor-in-Chief of the Nova Law Review.  He also received a Merit Scholarship and the Pro Bono Honor Award.

    Kyle served as a Law Clerk for the United States Attorney’s Office in the Southern District of Florida. After law school, he served as a Graduate Fellow at the Fourth District Court of Appeal, where he worked on civil and criminal appellate matters.

    Community Involvement/Affiliations
    • Board of Directors, Federal Bar Association, Broward Chapter
    • Board of Directors, Broward County Bar Association, Young Lawyers Section
    • The Federalist Society, Member
    • Editorial Board, The Florida Bar Journal/News
    • Broward County Bar Association
    Awards/Recognitions
    • Recognized as a Best Lawyer: Ones To Watch in Insurance Law for The Best Lawyers in America©, 2021
    • Appointed to The Florida Bar Journal and News Editorial Board, 2020
    • Elected to Broward County Bar Association Board of Directors, Young Lawyers Section, 2020
    • Elected to Broward County Bar Association Board, Sun-Sentinel, 2019
    • Elected to Broward County Bar Association Boards, Legal Learning Series,  2019
    • Elected to Broward County Bar Association Boards, Attorney at Law Magazine, 2019
    • Elected to Broward County Bar Association Boards, CityBizList, 2019
    • Appointed to The Florida Bar Journal and News Editorial Board, Attorney at Law magazine, 2018
    • Appointed to The Florida Bar Journal and News Editorial Board, Sun-Sentinel, 2018
    • Appointed to The Florida Bar Journal and News Editorial Board, CityBizList South Florida, 2108
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