Moises Melendez - Attorney at Law

401 East Las Olas Blvd.
Suite 1000
Post Office Box 2328 (33303-9998)
Fort Lauderdale, Florida 33301

P 954-761-8111
F 954-761-8112

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Biography

Moises Melendez is a shareholder in GrayRobinson’s Fort Lauderdale law firm office. He focuses his practice on business litigation matters and on defending serious injury and wrongful death matters, including the defense of multi-site franchisors and retailers in Dram Shop litigation. He has experience developing defense strategies, retaining relevant experts and conducting jury focus groups to address key issues unique to Dram Shop litigation. He is also a Certified Public Accountant which provides him with added knowledge to defend claims for business damages, lost profits and punitive damages.

Moises’ subject matter knowledge includes litigating franchising, unfair/deceptive trade practices, trademark, trade secrets and other commercial disputes. He also has experience in toxic tort, wrongful death and premises liability matters. Moises frequently collaborates as part of a virtual team with other firms to serve client’s litigation needs in Florida.  

 
 

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Education
  • University of Florida, B.A., (high honors)
  • Harvard Law School, J.D.,
Admissions
  • Florida - all federal and state courts
Representative Matters

Trial/Evidentiary Hearings: Moises’ clients have prevailed at trial and evidentiary hearings— 

  • Defense verdict for franchisor re: demand for $17.5 million on wrongful death claim (Fla. Jury Verdict Review & Analysis, Vol. 17, Issue 12, Dec. 2007).
  • Judgment for franchisor re: pricing strategies, 375 F.Supp.2d 1355.
  • Judgment for fuel supplier for amounts due, 296 F.Supp.2d 1351.
  • Enforcing settlement agreement for fuel supplier, 469 F.Supp.2d 1128.


Class Certifications/Summary Judgment: Moises’ clients have prevailed on dispositive motions and at class certification— 

  • Class certification against fuel suppliers denied, 2009 WL 4262603.
  • Summary judgment for franchisor re: fraud/breach of fiduciary duty, 125 F.Supp.2d 492.
  • Summary judgment for franchisor re: failure to sell real estate, 365 F.Supp.2d 1241.
  • Summary judgment for franchisor re: real estate option, 2003 WL 24051561.
  • Summary judgment for business owner re: premises liability, 594 F.Supp.2d 1306.


Dismissal/Arbitration: Moises’ clients have prevailed on arbitration and dismissal motions— 

  • Motion to compel arbitration granted for insurer, 381 F.Supp.2d 1363.
  • Dismissing claims for fraud/deceptive practices against franchisor, 262 F.Supp.2d 1364.
  • Defeating franchisee motion to dismiss re: its duty to defend, 545 F.Supp.2d 1257.
  • Defeating franchisee motions to dismiss in federal court re: forum selection clause, 464 F.Supp.2d 1253 and 462 F.Supp.2d 1221.


Appeals: Moises has collaborated with appellate attorneys to prevail for clients—

  • Eleventh Circuit Court of Appeals remanded for entry of judgment in favor of franchisor, 379 F.3d 1266.
  • Reversing granting of motion to dismiss re: claims for abuse of process and malicious prosecution, 810 So.2d 996.
  • Eleventh Circuit Court of Appeals reversed involuntary dismissal at trial; ruled migrant farm workers were entitled to protection under federal law, 993 F.2d 1500.
 
Presentations & Seminars

Moises has presented before the ABA’s Petroleum Marketing Attorneys’ Conference and CPA groups to address topics including accounting malpractice and injunction practice.

 
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