Brickell Bay Office Tower
1001 Brickell Bay Drive, Suite 2650
Miami, Florida 33131-4940
Telephone: 305.371.0001
Facsimile: 305.371.0002
www.stackfernandez.com
Attorneys
Brian Stack Brian J. Stack
Senior Attorney/Shareholder

Brickell Bay Office Tower
1001 Brickell Bay Drive, Suite 2650
Miami, Florida 33131-4940

Telephone: 305.371.0001 ext. 12
Facsimile: 305.371.0002
bstack@stackfernandez.com

vCard

EDUCATION

University of Florida
College of Law; Gainesville, Florida
J.D. conferred, December 1984, with Honors

Oxford University
St. Edmund Hall; Oxford, England
International and comparative law, June 1984 to August 1984

University of Florida
College of Journalism and Communications; Gainesville, Florida
B.S. conferred, December 1981, with High Honors
Major: Broadcasting (news editorial)
Minor: Spanish

Universidad de los Andes
Bogota, Colombia
Spanish studies, June 1980 to August 1980

Employment

Shareholder, Stack Fernandez Anderson & Harris, P.A.
Miami, Florida, January 1996 to present

Partner, Steel Hector & Davis
Miami, Florida, December 1990 to December 1995

Associate, Steel Hector & Davis
Miami, Florida, January 1985 to December 1990

Adjunct Professor of Civil Trial Advocacy,
St. Thomas University School of Law

Miami, Florida, August 1991 to May 1992

Law Clerk, Blackwell, Walker, Gray, Powers, Flick & Hoehl
Miami, Florida, May 1983 to June 1983

Law Clerk, Smith, Currie & Hancock
Atlanta, Georgia, June 1983 to August 1983

Reporter/News Anchor, WRUF-AM, WRUF-FM, and WUFT-TV
Gainesville, Florida, 1979 to 1981

Honors and Achievements

“Best of the Bar,” South Florida Business Journal, 2003
“Florida Legal Elite,” Florida Trend Magazine, 2004, 2005, 2006
“Super Lawyer,” Florida Super Lawyers, 2006
“Top Attorney,” South Florida Legal Guide, 2005, 2006, 2007
University of Florida Law Review, Student Works Editor
Order of the Coif
Phi Kappa Phi Honor Society
Phi Delta Phi Legal Fraternity

Bar and Court Admissions

Admitted, Florida Bar, 1985
Admitted, United States Supreme Court
Admitted, United States Eleventh Circuit Court of Appeals
Admitted, United States District Court for the Southern District of Florida
Admitted, United States District Court for the Middle District of Florida
Admitted, United States District Court for the Northern District of Florida
Admitted, United States District Court for the United States Court of Claims
Qualified, United States Bankruptcy Court for the Southern District of Florida

Organizations and Memberships

Graduate, Greater Miami Chamber of Commerce Leadership Miami Program, 1987
Director, United Home Care Services, Inc., a United Way agency, 1991 to 1994
Member, Florida Law Review Alumni Association, 1991 to present
Charter Member, University of Florida Alumni Association, 1992 to present
Member, Florida Bar Section on Litigation
Member, Florida Bar Federal Court Practice Committee, 1993 to 1995
Member, Florida Bar International Law Section, Travel Law Committee, 1993 - present
Member, American Bar Association, Section on Litigation, 1985 to 1995, 2000 to present
Member, Dade County Bar Association, 1985 to 1996
Participant, Dade County Pro Bono Project, 1985 to present
Member, Dade County Legal Aid and Pro Bono Committee, 1991
Associate Member, American Trial Lawyers Association, 1985 to 1991
Member, Federal Bar Association, South Florida Chapter, 2004 to present

Publications and Seminars

Stack, Polygraphs and Privacy, 59 Fla. Bar Journal 19 (June 1985)
Panelist/Speaker, “Judgment Enforcement” (Seminar sponsor: Lorman Business Center), 1997, 1998
Panelist/Speaker, “The Alien Tort Claims Act: Awakening Monster or Avenging Angel?,” (Seminar sponsor: St. Thomas University School of Law), 2004
Panelist, Fourth annual International Litigation & Arbitration Update (Seminar sponsor: Florida Bar International Law Section

Trial Experience

Citicorp Real Estate, Inc v. Courthouse Tower Ltd., et al., Eleventh Judicial Circuit, Dade County, Florida. Action to foreclose a $15.0 million commercial mortgage on a major downtown office building.

Coral Gables Hospital, Inc. v. Coral Gables, Ltd., Eleventh Judicial Circuit, Dade County, Florida. Action for injunctive relief and damages against the landlord of a general hospital in Dade County, Florida.

Cox Equipment Rental, Inc. v. Michael M. Lally, et al., Eleventh Judicial Circuit, Dade County, Florida. Action to foreclose mechanic’s lien claim by the developer against our client.

Crocker, et al. v. Florida Power & Light Company, United States District Court, Southern District of Florida. Multi-million dollar negligence and strict liability damage claims (and punitive damage claims) against FPL arising out of an explosion of a PCB-filled electrical transformer in the 30-story New World Tower office building in downtown Miami.

Cullen v. Lynch, Sixteenth Judicial Circuit, Monroe County, Florida. Claim to foreclose a purchase money mortgage.

Fininvest America Corp. Liquidating Trust v. Westinghouse Electric Corp., et al., United States District Court, Southern District of Florida. Multi-claim action for breach of contract, fraud, and negligent misrepresentation against the manufacturer and installer of defective passenger elevators at a luxury condominium on Key Biscayne, Florida.

First Insurance Funding Corp. v. Samuel Cole, et al., Eleventh Judicial Circuit, Dade County, Florida. Action to recover damages arising from multi-million dollar insurance premium finance fraud.

Frazzano v. Lindbergh’s Landing, Inc., et al., Eleventh Judicial Circuit, Dade County, Florida. Claim for mortgage brokerage commissions.

Hillel Hellinger v. Eckerd Corp., United States District Court for the Southern District of Florida. Action on behalf of Orthodox Jewish pharmacist against national drug store chain under Title VII of the Civil Rights Act.

Internutritivo, S.A. v. Black & Decker (U.S.), Inc., United States District Court for the Southern District of Florida. Breach of contract action against Black & Decker.

Kaufman v. State Farm Insurance Com, United States District Court for the Southern District of Florida. Claim by homeowners under a federal flood insurance policy arising out damage caused by Hurricane Irene.

Moss Manufacturing, Inc. v. Service Merchandise Company, Inc., Eleventh Judicial Circuit, Dade County, Florida. Multiclaim action for breach of contract against national retail chain.

R.C. Asesores Financieros C.A. v. BAC Florida Bank, f/k/a/ Popular Bank of Florida, Eleventh Judicial Circuit, Dade County, Florida. Claim for breach of contract and tortious interference against Florida state-charted bank.

San Pedro v. Tabernilla, et al., Fifteenth Judicial Circuit, Palm Beach County, Florida. Claim for partition of real property.

Sherwood v. A. B. & E. Home for the Elderly, et al., Eleventh Judicial Circuit, Dade County, Florida. Claim against owner of adult congregate living facility arising out personal injuries suffered by the plaintiff.

OTHER REPRESENTATIVE LITIGATION

Aldana v. Fresh Del Monte Produce, Inc., et al., United States District Court, Southern District of Florida. Claims by six Guatemalan nationals against three international fresh fruit companies under the Alien Tort Claim Act, 28 U.S.C. § 1350, the Torture Victim Protection Act of 1991, 28 U.S.C. § 1350, note, and/or the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq.

Apple Premium Finance Service Company v. Lopez, et al., Eleventh Judicial Circuit, Dade County, Florida. Civil theft claim by the premium finance company against surplus lines insurance company arising out of theft of funds by agent.

Arma Textile Printers, Inc. v. Ivax Industries, U.S. District Court, Southern District of Florida. Claim for products liability against manufacturer of textile products.

Chiquita International Limited v. Fresh Del Monte Produce, N.V., et al., Eleventh Judicial Circuit , Dade County, Florida, and Florida Third District Court of Appeal. Claim for tortious interference and civil conspiracy arising out of the termination of a banana supply contract in Philippines.

In re Ecuadorian Shrimp Litigation, Seventeenth Judicial Circuit, Broward County, Florida; Florida Fourth District Court of Appeal; United States District Court, Southern District of Florida; and U.S. Eleventh Circuit Court of Appeals. Products liability action involving 30 consolidated lawsuits against multinational fungicide and pesticide manufacturers, distributors, and multinational fresh fruit distributor.

Filipe v. United States of America, et al., United States District Court, Southern District of Florida. Federal Torts Claims Act and Bivens claims by private citizen against the United States of America and FBI, DEA, and Utah law enforcement officers for the wrongful arrest of drug trafficking charges.

Florida Power & Light Company v. Westinghouse Electric Corporation, United States District Court, Southern District of Florida. Products liability lawsuit by utility company against designer and manufacturer of two nuclear power steam generators at the Turkey Point nuclear power generating station in South Florida.

Hennessey v. Florida Bearings, Inc., Seventeenth Judicial Circuit, Broward County, Florida. Products liability action brought by injured worker against industrial parts distributor.

Prime Crest Administrators, et al. v. Del Monte Fresh Produce International, Inc., United States District Court, Southern District of Florida. Action brought pursuant to 9 U.S.C. §§ 201-208 to confirm a $3.0 million arbitration award rendered in Republic of Panama.

Rios, et al. v. McDermott, Will & Emery, et al., Eleventh Judicial Circuit, Dade County, Florida and Florida Third district Court of Appeal. Legal malpractice claim against national law firm in connection with the canceled sale of commercial property.

Robertson v. New England Rare Coin Galleries, Inc., Eleventh Judicial Circuit, Dade County, Florida. Appeal to vacate default judgment against rare coin dealer.

Robinson v. Franklin Life Insurance Company, Nineteenth Judicial Circuit, St. Lucie County, Florida. Claim by the plaintiff against life insurance company proceeds; suicide clause invoked.

Ross v. Massachusetts Mutual Life Insurance Company, U.S. District Court, Northern District of Florida. Claim by the plaintiff against life insurance company proceeds; suicide clause invoked.

ZFour, Inc. v. ExpressAir Cargo, et al., Eleventh Judicial Circuit , Dade County, Florida. Fraud and civil conspiracy claim against out-of-state entrepreneur doing business in the computer industry.

A native Miamian, Brian J. Stack has witnessed South Florida’s transformation from vacation haven to international business center. Brian’s practice focuses on the litigation and counseling needs of a multinational clientele, with a concentration in complex commercial and civil matters, commercial landlord-tenant disputes, bankruptcy adversary proceedings, Uniform Commercial Code issues, health care litigation, business torts and related disputes, insurance matters, products liability, construction disputes, and appellate matters. He practices in state and federal court at both the trial and appellate levels. Brian also maintains an extensive practice before the American Arbitration Association and other alternative dispute resolution forums.

A former partner with Steel Hector & Davis in Miami, Brian is a member of the Florida Bar, the bars of the United States Supreme Court, the United States District Courts for the Southern, Middle, and Northern Districts of Florida, the United States Court of Appeals for the Eleventh Circuit, and the United States Court of Claims. Brian is an “AV” rated lawyer by Martindale-Hubbell. He has been honored by the Florida Trend magazine as one of the “Florida Legal Elite,” by the South Florida Legal Guide as a “Top Attorney,” and by the South Florida Business Journal as one of the “Best of the Bar”.

A product of Florida’s public school system, Brian received a Bachelor of Science degree in Broadcasting with High Honors from the University of Florida College of Journalism and Communications in 1981. He earned his Juris Doctorate degree with Honors from the University of Florida College of Law in 1984, served as an editor of the Florida Law Review, and was a member of the Order of the Coif. Brian has held an adjunct faculty position at the St. Thomas University School of Law teaching trial advocacy. He is the author of Polygraphs and Privacy, 59 FLA. B.J. 19 (June 1985). Brian has been a panelist and speaker at seminars in South Florida on the enforcement and collection of judgments in Florida, on the federal Alien Tort Claim Act and federal Torture Victim Protection Act, and prejudgement asset freezes and injunctive relief.

Brian devotes a portion of his professional time to pro bono representation of those who are unable to afford legal services. He has also previously served as a Director and Secretary of United Home Care Services, Inc., a United Way agency and is currently a member of the local planning board for the St. Jude Children’s Research Hospital annual fundraising gala. Brian’s wife, Elizabeth, is a graduate of Wellesley College and the University of Miami School of Law. Formerly a law clerk to the Honorable Gerald Cope, Chief Judge of the Florida Third District Court of Appeal, Elizabeth is the Director of Judicial Clerkships at the University of Miami School of Law Career Planning Center. Brian and Elizabeth have two children.

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