L. Louis Mrachek

Shareholder

West Palm Beach

• Tel (561) 355-6970
• Fax (561) 655-5537
• E-mail: lmrachek@pm-law.com
• vCard: Download

Board Certifications

L. Louis Mrachek is a Shareholder and founding member of the Firm. He concentrates his practice in the areas of General Civil and Commercial Litigation including Complex Litigation, Bankruptcy, Creditor’s Rights and Class Actions. For twenty-one years, he practiced with the Firm of Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., and previously served as the Chairman of that Firm’s Executive Committee. Lou was a Captain in the United States Marine Corps and served as the Special Assistant to the General Counsel of the United States Railway Association. A resident of West Palm Beach for over 33 years, Lou and his wife Betsy spend the vast majority of their spare time visiting their two children and six grandchildren. When not spending time with family, Lou is an avid golfer, who greatly appreciates the USGA handicapping system.

Representative Experience

• Defended a regional savings bank in a federal court class action brought against the bank on account of its alleged failure to comply with the Driver Privacy Protection Act.  Over $1.3 billion in statutory minimum damages were sought.  The case was settled for less than 3% of that amount.
• Defended successfully a variety of state court land use challenges to the construction of the Phillips Point Office complex located in downtown West Palm Beach, all the way through the Florida Supreme Court.
• Defended several real estate developers in a state court action for fraud and breach of contract brought against them by a major state-wide bank claiming damages in excess of $18 million.  After a three-week trial, the jury awarded $800,000 against our clients, which was almost all offset by an award of attorneys’ fees in favor of our clients by way of a Proposal for Settlement.
• Defended successfully a regional law firm against a malpractice action in which damages were sought in excess of $13 million.  The case was tried to a state court jury in a two-week trial and the jury awarded damages of approximately $1 million.
• Chosen recently by a Hospital District located in Volusia County, Florida to pursue its substantial claim for legal malpractice against a regional Central Florida law firm.  The damages in that case are in excess of $3 million.
• Defended a well-known rock star in an arbitration brought against him by a former manager.  The case was settled after three days of arbitration for an amount far less than what was demanded.
• Represented a plaintiff in a federal court action seeking an interest valued at between $7 million to $10 million in a 67 acre parcel of real property located in Ft. Pierce, Florida.  After a trial without a jury in federal district court, the court found 100% in favor of our client granting him his entire claimed interest in the real property.
• Represented a plaintiff against a business acquisition company in order to require it to indemnify our client for a $2.3 million tax liability.  As a result of a state court trial without a jury, the judge ruled 100% in our client’s favor finding that such indemnification existed and awarded attorneys’ fees in favor of our client.
• Defended a hedge fund provider in a case brought against it by a disgruntled investor claiming $1.5 million.  After a six-day state court jury trial, the jury found 100% in favor of our client.
• Defended a national hospital owner/operator in a state court case brought against it by a doctor for slander, fraud and defamation.  The case was tried to a jury verdict and, after a 19-day trial, the jury awarded the doctor less than half of what he had demanded.
• Defended a national trust company in an action brought against it by the owner and operator of a series of television and radio stations for fraud and breach of contract in an alleged sale of stock managed by the trust company.  After a six-day jury trial in federal district court in Indianapolis, the jury awarded the plaintiff $4 million of the some $70 million sought as damages.  We appealed to the Seventh Circuit, which reversed the jury verdict, finding no liability on our client’s part.
• Represented the owner of an offshore gambling vessel in a lawsuit brought against it by the Florida Attorney General for offshore gaming activities and RICO violations.  After an eight-day jury trial in Florida state court, the jury entered an award in favor of our client.
• Represented an investor in a start-up high tech company who sued the regional broker/dealer who put him into the transaction for securities fraud and misrepresentation.  After a two-week federal jury trial in Cleveland, the jury awarded our client the total damages which he sought, approximately $1.8 million.

Professional Affiliations & Community Involvement

• Member, Judicial Nominating Committee for the 15th Judicial Circuit, 2009-12
• Chairman, Judicial Nominating Committee for the 15th Judicial Circuit, 2010
• Fellow, American College of Trial Lawyers
• Member, American Board of Trial Advocacy
• Member, Virginia Bar Association
• Member, Palm Beach County Bar Association
• Member, The American Bankruptcy Institute
• Member, South Florida Bankruptcy Bar Association
• Member, The American Bar Association
• Phi Delta Theta

Honors, Awards & Recognition

• West Palm Beach Bet-the-Company Litigation Lawyer of the Year, Best Lawyers, 2012
• Top Lawyer in Civil and Commercial Litigation and Bankruptcy, South Florida Legal Guide
• Super Lawyer (Business Litigation), Florida Super Lawyers
• Top 100 vote-getter, Florida Super Lawyers
• The Best Lawyers in America, since 1993 (recognized in areas of Bet-the-Company-Litigation; Commercial Litigation; Litigation Real Estate)
• Law & Leading Attorneys
• “Legal Elite”, Florida Trend Magazine
• Chambers USA
• AV-Rated, Martindale-Hubbell
• Harlan Fiske Stone Scholar, Columbia Law School, 1974
• Editor-in-Chief, Columbia Journal of Law & Social Problems, 1973-74

Published Works & Presentations

Published Works

• Marine Pollution Claims, Columbia Journal of Law and Social Problems, 537 Vol. 9, 1973
• Insurer’s Options, LIV The Florida Bar Journal 5, p. 341, 1980
• Agreements for Relief from the Automatic Stay, LXIX The Florida Bar Journal 4, pg 48 and Journal 5, p. 44, 1995
• The Derivative Action Report: More Trouble Than It’s Worth, LXXXVIII The Florida Bar Journal 2, p. 26, 2009

Cases

• Sheet Metal Workers Local 28 Pension Fund v. Office Depot, Inc., Slip Copy, 2010 WL 5071865 (11th Cir. 2010)
• Smith v. Powder Mountain, LLC, 2010 WL 5483327 (S.D.Fla. 2010)
• Princeton Homes, Inc. v. Virone, 612 F. 3d 1324 (11th Cir. 2010)
• Princeton Homes, Inc. v. Morgan, 38 So. 3d 207(Fla. 4th DCA 2010)
• Barash v. Kates, 2010 WL 1417816 (S.D.Fla. 2010)
• Barash v. Kates, 585 F.Supp.2d 1368, (S.D.Fla., October 23, 2008)
• Midcoast Credit Corp. v. Griffin, 25 So. 3d 1244 (Fla. 4th DCA 2010)
• Palm Beach County Environmental Coalition v. Florida, 651 F.Supp.2d 1328 (S.D.Fla. 2009)
• Guthartz v. Park Centre West Corp., 2009 WL 278960 (S.D.Fla., February 05, 2009)
• MDC Boca, LLC v. TGC Boca GP, LLC, 983 So. 2d 1160 (Fla. 4th DCA 2008)
• Sheet Metal Workers Local 28 Pension Fund v. Office Depot, Inc., 2008 WL 1943955 (S.D.Fla. May 02, 2008)
• Gunster, Yoakley & Stewart, P.A. v. McAdam, 965 So. 2d 182 (Fla. 4th DCA 2007)
• Kehoe v. Fidelity Federal Bank & Trust, 421 F.3d 1209 (11th Cir. 2005)
• LeNeve v. Via South Florida, L.L.C., 908 So. 2d 530 (Fla. 4th DCA 2005)
• Boswell v. Boswell, 902 So. 2d 844 (Fla. 4th DCA 2005)
• Connelly v. Matthews, 899 So. 2d 1141 (Fla. 4th DCA 2005)
• Atkins v. Topp Comm, Inc., 874 So. 2d 626 (Fla. 4th DCA 2004)
• In re SunCruz Casinos, LLC, 298 B.R. 833 (Bkrtcy.S.D.Fla. 2003)
• In re SunCruz Casinos, LLC, 298 B.R. 821 (Bkrtcy.S.D.Fla. 2003)
• Martin v. Automobili Lamborghini Exclusive, Inc.,307 F.3d 1332 (11th Cir. 2002)
• Brough v. Imperial Sterling Ltd., 297 F.3d 1172 (11th Cir. 2002)
• Unico Holdings, Inc. v. Nutramax Products, Inc., 264 B.R. 779 (Bkrtcy.S.D.Fla. 2001)
• Golding v. Imperial Sterling, Ltd., 2001 WL 36168851 (S.D.Fla., July 02, 2001)
• In re Neiman, 257 B.R. 105 (Bkrtcy.S.D.Fla. 2001)
• Robbat v. Gordon, 771 So. 2d 631 (Fla. 4th DCA 2000)
• In re Angram Business Services, Inc., 250 B.R. 144 (Bkrtcy.S.D.Fla., July 03, 2000)
• Resort of Indian Spring, Inc. v. Indian Spring Country Club, Inc., 747 So. 2d 974 (Fla. 4th DCA 1999)
• Rolo v. City Investing Co. Liquidating Trust, 155 F. 3d 644 (3d Cir. 1998)
• Bristol Hotel Management Corp. v. Aetna Cas. & Sur. Co., 20 F.Supp.2d 1345 (S.D.Fla. 1998)
• Greenfield v. Manor Care, Inc., 705 So. 2d 926 (Fla. 4th DCA 1997)
• K & M Elec. Supply, Inc. v. Moduplex Corp., 686 So. 2d 717 (Fla. 4th DCA 1997)
• McAlees v. U.S. Government, 1996 WL 756522 (S.D.Fla., October 08, 1996)
• Grace v. Town of Palm Beach, 656 So. 2d 945 (Fla. 4th DCA 1995)
• In re Spanish Cay Co., Ltd., 161 B.R. 715 (Bkrtcy.S.D.Fla. 1993)
• T.J.X. Companies, Inc. v. Capital Commercial Properties, Inc., 626 So. 2d 1113 (Fla. 4th DCA 1993)
• In re Servico, Inc.,161 B.R. 297 (S.D.Fla. 1993)
• Ripps v. Chemical Bank, Inc., 605 So. 2d 105 (Fla. 3d DCA 1992)
• In re Servico, Inc., 144 B.R. 557 (Bkrtcy.S.D.Fla. 1992)
• In re 6177 Realty Associates, Inc., 142 B.R. 1017 (Bkrtcy.S.D.Fla. 1992)
• In re Conston Corp., Inc., 130 B.R. 449 (Bkrtcy.E.D.Pa. 1991)
• Marine One, Inc. v. Manatee County, 877 F. 2d 892 (11th Cir. 1989)
• Vanguard Ins. Co. v. Townsend, 544 So. 2d 1153 (Fla. 5th DCA 1989)
• Wendell v. Wilshire Corp., 544 So. 2d 320 (Fla. 4th DCA 1989)
• Cadaval v. Dean Witter Reynolds, Inc., 703 F.Supp. 922 (S.D.Fla. 1989)
• Centel Cable Television Co. of Florida v. Burg & DiVosta Corp., 712 F. Supp. 176 (S.D.Fla. 1988)
• Hannan v. City Federal Sav. and Loan Ass’n, 500 So. 2d 235 (Fla. 4th DCA 1986)
• Rinker Materials Corp. v. Town of Lake Park, 494 So. 2d 1123 (Fla. 1986)
• Uvanile v. Denoff, 495 So. 2d 1177 (Fla. 4th DCA 1986)
• Home Federal Sav. and Loan Ass’n of Palm Beach v. Illustrated Properties Realty, 465 So. 2d 1244 (Fla. 4th DCA 1984)
• Worth Ave. Associates, Ltd. v. Twenty-Four Collection, Inc., 462 So. 2d 470 (Fla. 4th DCA 1984)
• Citizens Growth Management Coalition of West Palm Beach, Inc. v. City of West Palm Beach, Inc., 450 So. 2d 204 (Fla. 1984)
• Reback Realty, Inc. v. Kearns, 442 So. 2d 1108 (Fla. 4th DCA 1983)
• Koch v. Waller & Co., Inc., 439 So. 2d 1041 (Fla. 4th DCA 1983)
• In re Toomey, 34 B.R. 35 (Bkrtcy.S.D.Fla. 1983)
• In re Florcar, Inc., 16 B.R. 726 (Bkrtcy.S.D.Fla. 1982)
• North American Philips Corp., Inc. v. Boles, 405 So. 2d 202 (Fla. 4th DCA 1981)
• St. Andrews Corp. v. Neubauer, 398 So. 2d 990 (Fla. 4th DCA 1981)
• In re Cleary Bros. Const. Co., Inc., 9 B.R. 40 (Bkrtcy.S.D.Fla. 1980)
• Blanchette v. U. S. Ry. Ass’n, 461 F.Supp. 677 (Sp.Ct.R.R.R.A. 1978)