Jeffrey Molinaro, B.C.S., is a Board-Certified Specialist in appellate practice, a partner with Fuerst Ittleman David & Joseph, and chairs the firm’s appellate practice group. In addition to his appellate practice, Mr. Molinaro also practices in the areas of Civil and Commercial Litigation, Government Agency Litigation, and Anti-Money Laundering Regulatory Compliance. He originally joined Fuerst Ittleman David & Joseph as a law clerk in 2008.
Board certification is a voluntary program for lawyers, officiated by The Florida Supreme Court and administered by the Florida Bar. To qualify for board certification in appellate practice, attorneys must be licensed for at least five years, devote a certain percentage of their practice to appellate law, have handled all or a substantial part of at least twenty-five appellate cases in the last five years, receive judicial and fellow lawyer recommendations, attend continuing education courses, and pass a multi-hour written examination. As of 2021, only 209 of all eligible Florida Bar members are board-certified in appellate practice.
During his time with Fuerst Ittleman David & Joseph, Mr. Molinaro has engaged in comprehensive and extensive appellate practice. Mr. Molinaro has litigated numerous appellate cases on a wide range of matters including administrative law, constitutional law, civil and criminal procedure, commercial litigation, business torts, commercial evictions, nursing home negligence, personal injury, and first-party insurance. Mr. Molinaro has represented clients before the United States Supreme Court, the United States Court of Appeals for the Second, Third, Ninth, Eleventh, and D.C. Circuits, the Florida Supreme Court, and the Florida District Courts of Appeal.
Within the areas of civil and commercial litigation, Mr. Molinaro has represented clients in multiple areas. Mr. Molinaro has represented his commercial and business clients in the prosecution and defense of a variety of claims including breach of contract, unjust enrichment, breach of fiduciary duties, fraud, tortious interference, and violations of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”). Mr. Molinaro has also represented clients in an assortment of real estate disputes and probate litigation.
In addition, Mr. Molinaro has effectively represented clients in litigation and appellate practice against several federal and state agencies including the U.S. Food and Drug Administration, the Federal Trade Commission, the Centers for Medicare and Medicaid Services, the Florida Agency for Health Care Administration, the Florida Office of Financial Regulation, and the Consumer Protection Division of the Florida Office of Attorney General.
Within the area of Anti-Money Laundering, Mr. Molinaro has drafted legal opinions regarding Bank Secrecy Act/FinCEN regulatory compliance, compliance with various state department of banking and financial institutions regulatory regimes, and OFAC sanctions program compliance for a variety of money services businesses including money transmitters, currency dealers, currency exchanges, prepaid access providers, payday lenders, and merchant payment processors. He has assisted in the negotiation of consent orders and settlement agreements with FinCEN and state departments of banking and financial institutions regarding money services businesses licensing issues and BSA compliance. Mr. Molinaro has also researched and analyzed provisions of the Bank Secrecy Act, FinCEN Administrative Rulings and applicable regulations of 31 C.F.R. Chapter X, and various state financial regulations for responses to federal and state regulatory and law enforcement inquires.
Mr. Molinaro was born in Staten Island, New York and was raised in South Florida. He attended Florida Atlantic University in Boca Raton, Florida where he graduated magna cum laude with a bachelor’s degree in Political Science and Criminal Justice in 2003. In 2010, Mr. Molinaro graduated magna cum laude and ranked third in his class from the Florida International University College of Law in Miami, Florida. While in law school, Mr. Molinaro had the privilege of working as a research assistant to Prof. Thomas Baker where he focused his research on Constitutional Law, Supreme Court Jurisprudence, and Federal Appellate Practice.
Outside the office, Mr. Molinaro is an active member of the FIU College of Law Alumni Association and the Broward Chapter of the FIU Alumni Association. Mr. Molinaro previously served as President and Vice President of each organization. During his time as President of the FIU College of Law Alumni Association, Mr. Molinaro spearheaded the creation of the alumni-student mentoring program, expanded association membership, and partnered with third-party nonprofits to raise funds for the College of Law and Kristi House Children’s Advocacy Center. While working with the Broward Chapter, Mr. Molinaro oversaw the creation and funding of the Broward Panther Network Scholarship that provides scholarships to FIU students who attended a Broward County High School. Since 2001, Mr. Molinaro has also volunteered his time as a high school football coach.
- Florida International University College of Law Miami, Florida J.D., magna cum laude
- Florida Atlantic University, Boca Raton, Florida B.A., magna cum laude
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. Tax Court
- Florida International University College of Law Alumni Association
- Florida International University Alumni Association, Broward Chapter
- Federalist Society
- Broward Bar Association
- Bell v. Cross, No. 21-11064, 2021 WL 5544685 (11th Cir. Nov. 26, 2021). Successfully opposed an appeal of the granting of summary judgment for his clients in a False Claims Act case concerning services rendered in a skilled nursing facility. In affirming, the 11th Circuit clarified that in order for a clinical judgment in the skilled nursing setting to be “false” under the False Claims Act, it must be objectively false. The 11th Circuit explained that “a reasonable difference of opinion among physicians reviewing medical documentation ex post is not sufficient on its own to suggest that those judgments—or any claims based on them—are false under the FCA.”
- B&D Nutritional Ingredients, Inc. v. Unique Bio Ingredients, LLC, 758 Fed. App’x. 785 (11th Cir. December 19, 2018). Successfully opposed an appeal of the granting of summary judgment for his client on claims of tortious interference and FDUTPA, and of claimed error in the amount of damages awarded to his client in his defamation counterclaim. In affirming, the 11th Circuit adopted Mr. Molinaro’s arguments concerning waiver and invited error.
- Building B1, LLC v. Component Repair Services, Inc., 224 So.3d 785 (Fla. 3d DCA 2017). Successfully opposed an appeal of a judgment for his commercial real property tenant after a bench trial for breach of lease. As part of its opinion affirming judgment, the Third District provided an in-depth analysis of the ability of an administratively dissolved entity to defend against and assert claims in the trial court.
Civil Discovery Writ Practice:
- Saints 120, LLC d/b/a Cross Care Center v. Moore, 292 So.3d 1209 (Fla. 1st DCA 2020). Via Petition for Writ of Certiorari, successfully quashed a discovery order compelling disclosure of non-party patient identifying in a nursing home negligence case on grounds that the discovery sought was irrelevant, would violate the non-party patients’ constitutional and statutory rights to privacy, and was compelled without patient notice in violation of § 456.057(7)(a).
Nursing Home Negligence:
- Siegel v. Cross Senior Care, Inc., 239 So.3d 738 (Fla. 3d DCA 2018). Successfully obtained an affirmance of the lower court’s granting of its nursing home client’s motion for judgment notwithstanding the verdict in a nursing home negligence case on the grounds that insufficient evidence existed to establish that the facility’s alleged negligence was more likely than not the cause of the decedent’s death. In upholding the granting of JNOV, the Third District Court of Appeal reaffirmed the principle that an expert witness’ opinion based on facts or inferences not supported by evidence has no evidentiary value.
Administrative Law Writ Practice:
- Mark Daniels, N.H.A. v. State of Florida, Department of Health, 301 So.3d 505 (Fla. 1st DCA 2020) and Sebrina Cameron, N.H.A. v. State of Florida, Department of Health, 301 So.3d 503 (Fla. 1st DCA 2020). In two separate original proceedings via Petitions for Review of Nonfinal Agency Action, successfully quashed emergency license suspensions issued by the Department of Health for the orders’ failure to comply with § 120.60(6), Florida Statutes.
Government Agency Litigation:
- Federal Trade Commission v. Rensin, 771 F.App.’x 84 (2d Cir. June 26, 2019). Successfully vacated a contempt order issued after a suggestion of bankruptcy was filed in the District Court on the grounds that the contempt proceedings constituted the enforcement of a money judgment by FTC and thus, fell outside of the “governmental unit” exception to the automatic bankruptcy stay provisions of 11 U.S.C. § 362.
- Hom v. United States, 657 F.App’x 652 (9th Cir. 2016). Successfully obtained a reversal of the lower court’s grant of summary judgment on behalf of the United States in a tax case. Among the various issues presented on appeal was whether offshore online poker accounts constitute reportable accounts necessitating the filing of a Foreign Bank and Financial Accounts Report (“FBAR”). In reserving summary judgment, the Ninth Circuit found that, based on an analysis of the statutory and regulatory code, online poker accounts did not fall within the definition of a “bank, securities, or other financial account” such that the filing an FBAR was required.
- B&D Nutritional Ingredients, Inc. v. Uniquie Bio Ingredients, LLC, — F.App’x –, 2018 WL 6719403 (11th Cir. December 19, 2018)
- John S. and James L. Knight Foundation, Inc. v. Urban Philanthropies, Inc., 248 So.3d 233 (Fla. 3d DCA 2018)
- Merk Funds, LLC v. Torres, 246 So.3d 341 (Fla. 3d DCA 2018)
- Siegel v. Cross Senior Care, Inc., 239 So.3d 738 (Fla. 3d DCA 2018)
- Building B1, LLC v. Component Repair Services, Inc., 224 So.3d 785 (Fla. 3d DCA 2017)
- Gillette v. Prosper, 858 F.3d 833 (3d Cir. 2017)
- Federal Trade Commission v. Rensin, 687 F.App’x 3 (2d Cir. 2017)
- United States v. Fredericks, 684 F.App’x 149 (3d Cir. 2017)
- United States v. Willis, 844 F.3d 155 (3d Cir. 2016)
- Hom v. United States, 657 F.App’x 652 (9th Cir. 2016)
- Gov’t of the Virgin Islands v. Mills, 821 F.3d 448 (3d Cir. 2016)
- United States v. Moore, 628 F.App’x 736 (11th Cir. 2016)
- 1351 Golden, LLC v. Agency for Healthcare Administration, 203 So.3d 164 (Fla. 1st DCA 2016)
- IFundBusiness.com v. Target Healthcare, Inc., 197 So.3d 52 (Fla. 3d DCA 2016)
- United States v. Gibson, 615 F.App’x. 619 (11th Cir. 2015)
- Fisher v. Sec., Fla. Dept. of Corrs., — F.App’x. –, 2015 WL 3875689 (11th Cir. 2015)
- Stoddard v. Sec., Dept. of Corrs., 600 F.App’x. 696 (11th Cir. 2015)
- Cross Terrace Rehab., Inc. v. Kampas, 178 So.3d 407 (Fla. 2d DCA 2015)
- Floyd v. City of New York, 770 F.3d 1051 (2d Cir. 2014)
- Winthrop-Redin v. United States, 767 F.3d 1210 (11th Cir. 2014)
- Hill v. Sec., Fla. Dept. of Corrs., 578 F.App’x. 805 (11th Cir. 2014)
- United States v. Territory of the Virgin Islands, 748 F.3d 514 (3d Cir. 2014)
- Gillette v. Territory of the Virgin Islands, 563 F.App’x. 191 (3d Cir. 2014)