$53 Million Judgment Follows Retrial Before New Judge

ALM Media
Updated

From left, Mike Piscitelli, Gerald Cope, Lawrence Silverman and Bradley Copenhaver.

Michael Piscitelli and Brad Copenhaver

Vezina, Lawrence & Piscitelli

Lawrence Silverman and Gerald Cope Jr.

Akerman



After an extensive tour through the courts, attorneys from Vezina, Lawrence & Piscitelli and Akerman obtained a favorable final order for Electronic Transaction Consultants Corp. in a lawsuit against the Miami-Dade Expressway Authority, which is now on appeal.

The county originally contracted with ETC in 2009 to provide a toll collection and accounting system for the five major Miami-Dade expressways when SunPass transponders aren't used.

After a major falling out, ETC sought $58 million in damages for contract payments for the toll-by-plate system used on the toll roads. MDX responded with a $25 million counterclaim for liquidated damages under the contract for late or faulty performance.

In 2012, the court granted summary judgment against ETCC on a significant portion of its claims. In 2015, a three-week bench trial was held, and the court tentatively awarded $28 million in damages to ETC against MDX, reversed the previous summary judgment ruling and reopened the case for further evidence on damages.

MDX responded by asking to disqualify the judge, and the disqualification was ordered by the Third District Court of Appeal in 2017, teeing up a retrial.

Following a second three-week trial, Miami Dade Circuit Judge William Thomas awarded $43 million in damages to ETC last December and entered a $53.3 million final judgment including interest in January.

“It was a big-deal case, very expensive on both sides,” Michael Piscitelli of Vezina, Lawrence & Piscitelli in Fort Lauderdale said in April after a rehearing request was denied. The retrial "was quite a bit more contentious."

MDX attorney Joseph Serota of Weiss Serota Helfman Cole & Bierman in Coral Gables filed a notice of appeal, extending the life of the long case.

Piscitelli said the company's two law firms plan to co-author the appellate brief due next year.