505 S. Flagler Drive, Suite 600
West Palm Beach, FL 33401

Email: lmrachek@mrachek-law.com
Phone: (561) 355-6970
Fax: (561) 655-5537

L. Louis Mrachek

Shareholders, Attorneys

L. Louis Mrachek is a Shareholder and founding member of the Firm. Lou 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 & 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.

Admitted To Practice

The Florida Bar, admitted 1974
The Virginia State Bar Association, admitted 1977

Federal Court Admissions

  • The United States Supreme Court
  • United States Court of Military Appeals
  • U.S. Navy-Marine Corps Court of Criminal Appeals
  • United States Courts of Appeals for the Third Circuit
  • United States Courts of Appeals for the Fifth Circuit
  • United States Courts of Appeals for the Seventh Circuit
  • United States Courts of Appeals for the Eleventh Circuit
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. Bankruptcy Court, Southern District of Florida

Board Certifications

  • Civil Trial Advocacy, National Board of Trial Advocacy, 2012-2017
  • Civil Trial Lawyer, The Florida Bar Board of Legal Specialization and Education, 1985-2020
  • Business Bankruptcy, American Bankruptcy Board of Certification, 1992-2016
  • Business Litigation Lawyer, The Florida Bar Board of Legal Specialization and Education, 1997-2012
  • Member, Florida Bar Civil Trial Board Certification Committee, 2013-2019

Education

  • J.D., Columbia Law School
  • M.B.A., Columbia Business School
  • B.A. with High Honors, Florida State University

Representative Experience

  • Represented real estate developer in action for breach of contact and defense of claims of fraud and misrepresentation, resulting in a jury verdict and an attorneys’ fee award to our client.
  • 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.
  • Represented a Hospital District located in Volusia County, Florida to pursue its claim for legal malpractice against a regional Central Florida law firm. The was settled for $6 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, 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 a 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.
  • Represented a retired law firm partner seeking to recover substantial retirement benefits which withdrawing partners refused to pay.  After a four-day arbitration proceeding, the arbitrator ruled in favor of the Firm’s client.

Honors, Awards & Recognition

  • Best Lawyers in America, 1993-to 2017 Editions (Listed In: Bet-the-Company Litigation, Commercial Litigation, Litigation – Real Estate)
  • Florida Trend Legal Elite 2015-2017 (Commercial Litigation)
  • South Florida Legal Guide’s 2015 & 2016 Top Lawyers (Listed In: Civil Litigation and Bankruptcy)
  • Florida Trend’s Legal Elite, Hall of Fame – Commercial Litigation (2015)
  • Top 100 Lawyers in Florida for 2015, Florida SuperLawyer
  • SuperLawyer (Business Litigation), Florida Super Lawyers, 2009-Present
  • Florida’s Best Lawyers 2015 (Listed In: Commercial Litigation, Bet-The-Company Litigation)
  • Law and Leading Attorneys, 1996-to Present Editions
  • Florida Trend’s Legal Elite, Hall of Fame – Commercial Litigation (2013) (one of 107 Florida lawyers in Hall of Fame)
  • South Florida Legal Guide (2013)  – Civil and Commercial Litigation & Bankruptcy
  • Top 100 Lawyers in Florida for 2012-2013, Florida SuperLawyer
  • West Palm Beach Bet-the-Company Litigation Lawyer of the Year, Best Lawyers in America, 2012
  • Martindale-Hubbell, AV Preeminent® Peer Review Rated (means legal ability and ethical standards are preeminent as independently determined by Martindale-Hubbell)
  • Chambers USA
  • Harlan Fiske Stone Scholar, Columbia Law School, 1974
  • Editor-in-Chief, Columbia Journal of Law & Social Problems, 1973-74

Professional & Community Involvement

  • Fellow, American College of Trial Lawyers
  • Member, American Board of Trial Advocacy
  • Member, Judicial Nominating Committee for the 15th Judicial Circuit, 2009-12
  • Chairman, Judicial Nominating Committee for the 15th Judicial Circuit, 2010
  • 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

Published Works & Presentations

Published Works

  • February 19, 2016: Annual Palm Beach County Bench-Bar Conference, Panel Speaker for Electronic Discovery in Commercial Litigation.
  • 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

  • SP Sunvest Development, LLC v. Holiday Village of Sandpiper Inc., 68 So. 3D 248 (Fla. 4th DCA 2011)
  • Smith v. Powder Mountain, LLC, 2010 WL 5483327 (S.D.Fla. 2010)
  • Barash v. Kates2010 WL 1417816 (S.D.Fla. 2010)
  • Barash v. Kates, 585 F.Supp.2d 1368, (S.D.Fla., 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)
  • Martin v. Automobili Lamborghini Exclusive, Inc.307 F.3d 1332 (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)
  • Pomfret v. Atkinson53 So.3d 413, 2011 WL 611823 (Fla. 4th DCA 2011), rev. pending, Case No. SC11-665 (Fla. 2011)
  • MDC Boca, LLC. v. TGC Boca GP, LLC983 So.2d 1160, 2008 WL 2513857  (Fla. 4th DCA 2008)(Unpublished) (PCA)
  • Sheres v. Genender965 So.2d 1268, 2007 WL 2935394 (Fla. 4th DCA 2007)
  • Gunster, Yoakley & Stewart, P.A. v. McAdam965 So.2d 182, 2007 WL 2376658 (Fla. 4th DCA 2007)
  • James Kehoe, on behalf of himself and all others similarly situated, Plaintiff, v. Fidelity Federal Bank and Trust, Defendant, 2004 WL 1659617 (S.D.Fla. Jun 14, 2004) (NO. 03-80593-CIV-HURLEY), rev’d and remandedKehoe v. Fidelity Federal Bank & Trust, 421 F.3d 1209 (11th Cir. 2006), reh’g and reh’g en banc denied, 165 Fed.Appx. 854 (11th Cir. 2005), cert. deniedFidelity Federal Bank & Trust v. Kehoe, 547 U.S. 1051, 126 S.Ct. 1612, 164 L.Ed.2d 353 (U.S. Mar 27, 2006)(memorandum opinion)
  • LeNeve v. Via South Florida, L.L.C.908 So.2d 530, 2005 WL 1750621 (Fla. 4th DCA 2005)
  • Boswell v. Boswell, 902 So.2d 844, 2005 WL 906189 (Fla. 4th DCA 2005)
  • Sarkes Tarzian, Inc. v. U.S. Trust Co. of Fla. Sav. Bank397 F.3d 577 (7th Cir. 2005), reh’g and reh’g en banc denied (Mar 21, 2005), cert. denied, 546 U.S. 928, 126 S.Ct. 398, 163 L.Ed.2d 276, 74 USLW 3013 (U.S. 2005), on remand, Sarkes Tarzian, Inc. v. U.S. Trust Co. of Florida Sav. Bank, 2005 WL 1528235 (S.D. Ind. 2005), aff’d, 168 Fed.Appx. 108 (7th Cir. 2006)(unpublished), cert. denied, 547 U.S. 1200, 126 S.Ct. 2863, 165 L.Ed.2d 909 (U.S. 2006).
  • Atkins v. Topp Comm, Inc., 874 So.2d 626, 2004 WL 736129 (Fla. 4th DCA 2004), rev. dism., Case No. SC04-1449 (Fla. 2004)
  • Robbat v. Gordon, 771 So.2d 631, 2000 WL 1781452 (Fla. 4th DCA 2000)
  • Resort of Indian Spring, Inc. v. Indian Spring Country Club, Inc., 747 So.2d 974, 1999 WL 816976 (Fla. 4th DCA 1999)

Prior Affiliations

1979-2000 Gunster, Yoakley & Stewart, P.A., West Palm Beach, Florida
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