Yvette Lavelle Partner & Appellate Practice Group Vice-Chair
Background
Yvette Lavelle is a Partner at the Miami office. Yvette was born and raised in Detroit, Michigan. After receiving her Bachelors of Arts in Political Science at Albion College she headed to Washington, D.C. where she worked as a Legislative Assistant to Congressman John D. Dingell. After spending nearly three years on the Hill, Yvette moved to San Diego, California to attend the University of San Diego School of Law where she wrote for the California Regulatory Law Review and provided free legal aide to low income residents with domestic violence claims and landlord/tenant disputes through the San Diego County Council. While the West Coast has its charm, there is no place quite like Miami, Florida. In 2007, Yvette was barred in the State of Florida and began her employment with the Firm. Having spent nearly a decade with the Firm, Yvette’s practice has been focused primarily on federal claims alleging various civil rights violations, claims against employers alleging violation of employment and labor laws and professional malpractice claims against lawyers, psychologists, engineering firms, and Construction Engineering Inspectors (“CEI’s”) in their capacities as representatives of the Florida Department of Transportation, and Appeals.
Admissions/Education
ADMISSIONS, PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
Yvette is a member of the Florida Bar. She is also admitted to practice in all of Florida’s United States District Courts: Southern District of Florida, Northern District of Florida, and Middle District of Florida. Yvette is also admitted to practice before the United States Court of Appeals for the Eleventh Circuit and the United States Court of Appeals for the Third Circuit.
EDUCATION
University of San Diego School of Law, Juris Doctor, 2007
Representative Cases
Obtained summary judgment in favor of employer accused of disparate treatment and retaliation in violation of the Florida Civil Rights Act and Title VII of the Civil Rights Act of 1964 arising out of employer’s promotion of coworker over plaintiff’s application for the same position. In successfully moving for summary judgment, the firm’s attorneys showed that the defendant had legitimate, nondiscriminatory reasons why plaintiff was not promoted and defendant did not commit and discriminatory employment practices.
Represented several Construction Engineering Inspectors (“CEI”) on Florida Department of Transportation (“FDOT”) roadway construction projects in Seminole cases creating law solidifying the statutory immunity afforded CEI’s as agents of FDOT pursuant to Florida Statute Section 768.28 when acting as CEI on an FDOT roadway construction project. Successfully obtained summary judgment on all claims against the CEI’s and successfully defended the final judgment on appeal to the Third District Court of Appeals of Florida. These cases helped define the statutory immunity afforded by Florida Statute Section 768.28 by creating law to support the statute that was amended to carve out immunity for CEI’s as agents of the state in their role on FDOT roadway construction projects.
Successfully defended appeal obtaining per curiam affirmance from the Third District Court of Appeals of a summary judgment obtained by the Firm in favor of several attorneys in a $30,000,000 dollar malpractice claim filed against them by their former client as a result of their representation during a high net worth divorce proceeding. Successfully defended appeal obtaining per curiam affirmance from the Third District Court of Appeals of a summary judgment obtained by the Firm in its defense of an attorney sued for malpractice by a deceased client’s children related to his advice and preparation of a will and estate plan for the client and his wife. Successfully defended appeal obtaining per curiam affirmance from the Second District Court of Appeals of a summary judgment obtained by the Firm in its defense of an attorney sued for abuse of process for his filing of a Libel Action and various acts taken in representing his client in the Libel Action based on the total immunity from suit provided by the litigation privilege. Obtained Mandate from United States Court of Appeals for the Second Circuit Affirming lower court dismissal of federal complaint with prejudice after five (5) amended pleadings and denying reconsideration of same finding that the Appellant had gone beyond the limited leave it was granted to amend its original complaint and exceeded the scope of the permission granted and finding that the lower court did not abuse its discretion in looking at the original complaint in the action which was the fourth iteration of same and finding no cause of action was stated.
Obtained dismissal of an appeal as moot by the Fourth District Court of Appeals on a denial of a claim for Emergency Temporary Injunctive Relief due to the completion of all structural portions of the project that Appellant was attempting to enjoin. Successfully defended appeal obtaining per curiam affirmance from the Fourth District Court of Appeals of final judgment in favor of Homeowners Association on multiple counts including interference with a business relationship, unjust enrichment, and trespass. Represented several condominium and homeowners associations against cross claims brought by unit owners being sued in foreclosure.
Obtained summary judgment and dismissal of all claims against the clients and successfully defended the final judgments in favor of the condominium and homeowners associations on appeals before the Third District Court of Appeals of Florida and the Fourth District Court of Appeals of Florida. Represented Florida title company and title agent in alleged multi-million dollar Ponzi scheme case before the Complex Business Division of Broward County. Successfully defended the case obtaining dismissal of all claims against the title company and title agent.