Professional Experience

Mr. Emanuele is a Partner at Lydecker and is an AV rated member of The Florida Bar. Mr. Emanuele has been practicing in the South Florida area for in excess of 35 years. His primary areas of practice include environmental litigation, labor and employment litigation, complex commercial litigation and administrative and regulatory litigation.

ENVIRONMENTAL

Mr. Emanuele is a member of the firm’s Environmental Law Group.  The Firm’s Environmental Law Group (ELG) consists of attorneys at the Firm that have considerable knowledge, training and experience in defending various environmental claims on behalf of a number of public and private entities.  The ELG attorneys have handled environmental cases with losses arising from toxic mold hazards, asbestos hazards, air pollution, ground water contamination, diesel gasoline and other contaminates requiring remediation and treatment.  The ELG attorneys practice in both Federal and State courts throughout Florida, and have handled numerous environmental claims, including those brought under the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA).  Our firm also specializes in the defense of various Federal and State and Administrative Agency Actions Permitting Issues before the Department of Environmental Protection, Army Corp of Engineers, State Water Management Districts throughout Florida, various counties, and related agencies.  In the course of their practice, the ELG members have handled matters involving environmental permitting, wetlands, mangrove regulations, underwater construction and submerged lands.  The Firm’s members have experience in handling the sensitive environmental issues involving Florida Aquatic reserves involving various scientific assessments including manatee and sea grass studies needed to comply with various federal state and local environmental regulations.

The Environmental Law Group has handled various environmental matters. An example of recent matters demonstrating the breath of cases handled, and the sweeping ramifications involved are set forth below.

Recent Environmental matters handled by the firm:

    • Benzene Poisoning – We have successfully defended a large regional Chemical and Composite Material Distributor against a 63-year-old Plaintiff who sued after contracting a form blood cancer known as Myelodysplastic Syndrome allegedly as a result of exposure to chemicals containing benzene sold, distributed by our client for use in various adhesive products. The alleged exposure occurred over a 20-year period involving multiple defendants.  We were able to segregate our clients’ activities and successfully obtain a Summary Judgment in favor of our client ending the litigation.
    • Arsenic Compound Poisoning.  We successfully defended a national golf company against an 83-year-old Plaintiff who sued after she contracted lung cancer, claiming it was a result of pesticides containing the arsenic compound called Monosodium Methanearsonate that was allegedly used on the golf course.  We negotiated the site remediation with the local County Environmental Protection Department as well as resolved the matter within six months of assignment.
    • National Class Action involving Home Insulation.  We represented a large spray foam manufacturer who was sued in a national class action.  The suit was brought first in the Southern District of Florida and a subsequent suit was filed in Connecticut Federal Court.  The class action centered around Spray Polyurethane Foam which is used as insulation in homes and commercial real estate across the country.  Approximately 120,000 residential and commercial structures receive this insulation each year.  The Putative Class alleged that the product is nearly impossible to safely install, and the spray foam emits toxins which cause a foul odor and is a potential health risk, causing bronchial, nasal and neurological side effects.  Our firm defended against all claims that the product was toxic and unsafe.
    • Large Swimmable Lake Cleanup.  The Firm was involved in substantial litigation involving the contamination of Lake Apopka within the St. John’s Water Management District area.  The lake represents the second largest cleanup in the State of Florida, and has involved numerous studies and failed remediation, which has resulted in multifaceted litigation connected to the lake’s permissible uses.
    • Continued Flooding, Tree Mortality, Inverse Condemnation, Flowage Easements, & Dickinson Stabilization Doctrine.  The Firm recently defended a significant number of environmental claims arising out of agricultural irrigation practices which resulted in substantial water runoff, a flowage easement over State protected lands, and eventual destruction of a tree museum.  The matter has called into question state conservatory practices and forced numerous scientific projects to assess the qualitative impact of integration of previously foreign plant species.  The matter has also caused revisitation of longstanding irrigation practices and regulations stemming out of same.  The case has been up on appeal on specific issues relative to the United States Dickinson Stabilization Doctrine, Florida law interpretation of such, and the impact on a potential inverse condemnation claim.
    • CERCLA.  The Firm recently resolved its client’s litigation with Miami-Dade County, which brought suit against every major U.S. airline, fuel providers, and private vendors doing business at Miami International Airport (MIA) for ground and air contamination at this airport.  The Firm participated in the litigation representing an airline and was able to successfully resolve its claims for approximately 5% of the County’s apportionment against its client.
    • Superfund-Related Litigation.   The Firm defended a private client alleged to have contributed to a major landfill research and cleanup effort.  Claims were made by the Babylon Landfill Joint Defense Group, which was formed to respond to claims by the State of New York to recover the cost of closure and clean-up of the Babylon Landfill, a Class 2 Site in the New York State Registry of Inactive Hazardous Waste Disposal Sites. The matter involved recovery of clean-up costs, where research costs exceed clean-up costs by several million dollars.
    • Transportation of Hazardous Materials.  The Firm has been instrumental in effectively resolving claims against owners, operators, generators, and transporters of hazardous materials.  The Firm has successfully represented trucking and heavy maintenance equipment owners and operators and has resolved private litigation and claims raised by the Florida Department of Environmental Protection related to occurrences of hazardous material spills.  We have worked with the Florida Department of Environmental Protection to assure clients’ compliance with State and Federal laws.
    • Diesel Spill.   The Firm represented a client before the Florida Department of Environmental Protection with regard to site assessment and remediation for contaminated soil and ground water stemming from a diesel spill.
    • Asbestos Claims. The Firm has recently investigated claims of asbestos alleged to have resulted in approximately 8 deaths in the past five years on behalf of a corporate client and advised the client on testing, remediation, acknowledgement, and disclosure.
    • Mold Claims.   The Firm defends multiple commercial and residential property owners against mold exposure claims.
    • Herbicide Drift Claims.  The Firm recently defended a farm in a case involving significant crop damage when its herbicides allegedly drifted onto a neighboring farm.
    • Hydraulic Oil Spill Claim.   The Firm currently represents a railroad operating company against claims of alleged contamination resulting from hydraulic oil equipment used at a railyard.
    • Class Action Regarding Sugarcane Burning.  The Firm recently represented a client in a federal class action lawsuit filed against sugarcane growers, harvesters, and processors relating to sugarcane crop burning activities.  The Plaintiffs sought property damage and medical monitoring, among other things.  The Plaintiffs voluntarily dismissed the case with prejudice.

ADMINISTRATIVE
Mr. Emanuele’s practice in the area of administrative and regulatory litigation has included appearances before the Division of Administrative Hearings (DOAH), Circuit Courts and Appellate Courts throughout the State of Florida on a variety of matters including participation in Agency workshops drafting the development and implementation of Agency Rules in accordance with the Florida Administrative Procedures Act, defense of Agency Rules as valid exercise of delegated legislative authority pursuant to the Florida Administrative Procedures Act, challenges to Agency Rules as unconstitutional and in violation of the Florida Administrative Procedures Act and extensive healthcare litigation matters involving formal administrative proceedings under Chapter 120 and Chapter 408 of the Florida Statutes.

LABOR AND EMPLOYMENT
Mr. Emanuele’s practice in the area of labor and employment has included counsel and advice to Fortune 500 Companies with regard to construction, interpretation and application of State and Federal laws related to employment matters, §1983 claims, economic and educator liability and academic and educator liability. His litigation experience in this area includes, but is not limited to, defense of large school systems in administrative proceedings related to discipline and termination of employees, defense of law enforcement agencies in administrative proceedings related to discipline and termination of employees and employee grievances. In the area of commercial litigation Mr. Emanuele handles multi-million-dollar, complex commercial litigation involving legal malpractice claims, accounting malpractice claims, fraudulent transfers, receivership proceedings, and business disputes involving local, state and national corporations. Mr. Emanuele has investigated and defended claims of alleged discrimination including sex/gender discrimination, disability discrimination, sexual harassment, race discrimination, national origin discrimination, age discrimination, and retaliations claims, in both state and federal court alleging violations of including but not limited to Title Vii, whistle claims, Title IX, EPA, ADA Act, Family Medical Leave Act, Fair Labor Standards Act and Florida Civil Rights Act.

BAR AND COURT ADMISSIONS
Mr. Emanuele is a member of the United States District Court for the Northern, Middle and Southern Districts of Florida, and the United States 11th Circuit Court of Appeal. He has practiced before all courts in Florida including County Court, Circuit Court, the Division of Administrative Hearings (DOAH), District Courts of Appeals and Bankruptcy Court. He is a member of the Broward County Bar Association, the American Health Lawyers Association (AHLA), and is a member of the Administrative Law, Labor and Employment Law, Trial Law and Health Law Sections of The Florida Bar.

LAND USE AND ZONING
Mr. Emanuele has represented numerous parties involving land use and zoning, including a recent successful representation of a multinational hotel chain involving an eminent domain claim involving more than $60,000,000. He has also represented large corporate entities in local ordinance violation issues and requests for variances. He has also represented large landowners challenging zoning ordinances and related regulatory issues.

Areas of Expertise

  • Administrative Law
  • Environmental
  • Labor and Employment
  • Land Use and Zoning
  • Professional Liability
  • Complex Commercial Litigation

Education

  • Nova Southeastern University Shepard Broad Law Center, J.D. 1985
  • Saint Thomas University, B.A., English

Office Location

  • Miami, FL
  • Orlando, FL
  • Tampa, FL
  • Jacksonville, FL

ADMISSIONS

  • U.S. Court of Appeals for the 11th Circuit
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida
  • All Florida Courts
  • Florida Bar

Mark A. Emanuele is a native of Hartford, Connecticut and has resided in Florida since 1973. He earned his Juris Doctor at Nova Southeastern University Shepard Broad Law Center in 1985 and his Bachelor of Arts Degree from St. Thomas University in 1980. While earning his Bachelor and Juris Doctorate Degree, Mr. Emanuele worked as a police officer with the Cities of Hollywood and Hallandale. Mr. Emanuele lives in Broward County, Florida, is married to Claudia Emanuele, and has two (2) children.