St. Thomas Law Graduate Appointed as Miami-Dade County Court Judge

Diana Vizcaino

St. Thomas Law graduate, Diana Vizcaino, is Miami-Dade County’s newest County Court Judge.  Governor Rick Scott made the announcement of his new judicial selections on March 12, 2015.

Ms. Vizcaino, who is currently  a City of Miami Assistant City Attorney, beat out four other finalists for the appointment. In his remarks after the announcement of the new appointment, Governor Scott said that she will make a great addition to the bench. He added that throughout her career, she has “demonstrated a strong understanding of the law, which will allow her to serve the citizens of Florida with dignity and compassion.”

Ms. Vizcaino joined the Office of the City Attorney in June 2008 and is currently the Division Chief of the Labor & Employment Division. She represents the City in employment litigation matters, arbitrations, collective bargaining and is also the Recruitment and Internship Coordinator responsible for all new hires, internships, and consultant engagements.  Prior to joining the Office of the City Attorney, Ms. Vizcaino litigated in Federal Court on behalf of the United States Equal Employment Opportunity Commission as well as in private practice. Ms. Vizcaino also served as an Assistant State Attorney for Miami-Dade County prosecuting violent career criminals.

She obtained her Juris Doctorate from St. Thomas Law in 2000.

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St. Thomas Law’s Phi Alpha Delta Chapter Wins National Mock Trial Competition

On March 5-8, 2015, The 2015 Phi Alpha Delta (P.A.D.) National Mock Trial Competition for Law School Chapters was held in Alexandria, VA. This annual national mock trial competition was limited to 30 law school chapters. Each chapter was allowed to register up to three teams, one per round. The PAD Mentschikoff Chapter at the St. Thomas University School of Law registered one team.

Freddy Figueroa, Ileana Garcia, Natasha Pargas, Tayron Lopez

Each team member was required to prepare and deliver opening statements and closing arguments, develop and conduct direct and cross examinations, convincingly play witness roles for their teammates, as well as analyze and argue complex evidentiary issues and objections. The team was coached by South Florida attorneys Jarred Whaley, Debra Kay Cohen, and Lance August Harke. But said that the high standards of professionalism and court ethics which they demonstrated during PAD mock trial competition was owed to Coach Michael Mayer, who taught the most primordial and essential skills of a mock trial competition. These attributes were noticed, and brought to the team’s attention by diverse members of the law community who sat as judges in this mock trial event.

During the competition, each team presented the case as both plaintiff and defendant. Following three rounds of competition, the St. Thomas Law team consisting of Freddy Figueroa, Ileana Garcia, Natasha Pargas, and Tayron Lopez advanced to the Final Round where they secured First Place with a strong finish against a formidable team from Tennessee University (2014 Champions). The Defense Team of Freddy Figueroa and Ileana Garcia also earned the award for Best Defense. "I was just so thankful!’ exclaimed team member Ileana Garcia after the win. “ All the practicing definitely paid off. It was an overall great experience. I met some amazing law students and attorneys, went up against some really good competitors and I was happy about how we won. We didn't make anyone feel inferior and when we won, everyone was very happy for us.” Figueroa added that the competition was “won by a team who believed, trusted, and encouraged one another to achieve greatness with humility and dignity.”

The Phi Alpha Delta Team at the Supreme Court Building in Washington DC

Tayron Lopez, who, along with Natasha Pargas, represented the plaintiffs in the competition, shared the excitement of his team mates and expressed pride in the win. “Being the first time that St. Thomas' Chapter of P.A.D. competed in this competition, we represented our school with pride, and we were able to bring back the first place," stated Lopez. Pargas was also sure to express her gratitude for the support that the team received from Regilucia Smith, Jennifer Vargas, Dayami Sans, and Rebecca Tabares. The success of this endeavor was tied largely to the tireless efforts of St. Thomas Law PAD Chapter President, Regilucia (“Reggie”) Smith, and PAD members Dayami Sans and Jennifer Vargas. Ms. Smith advocated for the team, worked to make the competition a reality and ensured that St. Thomas Law, at its first appearance at the PAD Mock Trial Competition left a memorable impression. The mission and core values of PAD are to advance integrity, compassion and courage through service to the student, the school, the profession, and the community.

Professor Keith Rizzardi Receives Environmental Grant

Earlier this week, St. Thomas University law professor Keith Rizzardi, along with colleagues from the Sabin Center for Climate Change Law at Columbia University and professionals from the consulting firm Dewberry in Fairfax, VA, were awarded a grant to help three pilot communities in Florida adapt to a climate changed future.

Professor Keith Rizzardi

Sea level rise threatens to impact Florida's coastal resources. In fact, Florida Statutes provides local governments with the option to “…develop an adaptation action area designation for those low-lying coastal zones that are experiencing coastal flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level.” Section 163.3177(6)(g)(10), Fla. Stat. Among other responsibilities, Professor Rizzardi will be assisting with the legal analysis and implementation of this statute, and its effects on land use planning in Florida.

The grant was awarded by the Florida Department of Economic Opportunity (DEO), in partnership with the National Oceanic Atmospheric Administration (NOAA), Department of Environmental Protection (DEP), the Florida Coastal Management Office (FCMO), and the Florida Division of Emergency Management (DEM). 

St. Thomas Law Dean, Alfredo Garcia, Named to the National Lawyers of Color Power List

About Dean Garcia

Dean of St. Thomas University School of Law, Alfredo Garcia, has been named to the Lawyers of Color’s Fourth Annual Power List, a comprehensive catalog of the nation’s most influential minority lawyers and non-minority diversity advocates.

“I am honored and humbled to be selected to the Lawyers of Color Power List,” stated Dean Garcia after hearing the announcement. "As an immigrant to this country and the first member of my family to attend college and professional school, I hope to represent the values and mission of this esteemed group.”

As the first Cuban-born Dean of a U.S. law school, Dean Garcia is an eminent scholar with a wealth of experience as an administrator, faculty member, and legal practitioner. Prior to academia, he was an Assistant State Attorney in Miami and also worked in private practice as a criminal defense attorney. He has served as Vice Chair of the Race and Racism in Criminal Justice Subcommittee of the ABA’s Criminal Justice Committee and on the Editorial Board of Human Rights Magazine, published by the ABA.

His publications include three books: Criminal Law: Concepts and Practice, with Podgor, Henning, and Taslitz, The Fifth Amendment: A Comprehensive Approach, and The Sixth Amendment in Modern American Jurisprudence: A Critical Perspective.

A reception for the honorees will be held on March 18, at The Ritz-Carlton Hotel (Georgetown) in Washington, D.C., and Dean Garcia will be profiled in Lawyers Of Color's Power Issue 2015.

St. Thomas Law Professor, Patricia Moore, Testifies Before Congress

On Friday, February 27, 2015, St. Thomas Law Professor, Patricia Moore testified in Congress on the Class Action Fairness Act of 2005: Ten Years Later. Professor Moore was invited by the Chief Counsel of Democratic Staff Subcommittee on the Constitution and Civil Justice Committee on the Judiciary, U.S. House of Representatives.

Professor Moore was the only Democratic witness and the only law professor before Congress. She testified on issues related to constituents seeking to place even more restrictions on class actions than have already occurred both legislatively and by the Supreme Court over the last decade or so.

Professor Moore was selected based on her expertise in civil procedure and empirical research, specifically her scholarship on the analysis of class action lawsuits.  

See her published work on this topic here. CONFRONTING THE MYTH OF “STATE COURT CLASS ACTION ABUSES” THROUGH AN UNDERSTANDING OF HEURISTICS AND A PLEA FOR MORE STATISTICS. 

VIEW THE ENTIRE TESTIMONY HERE

St. Thomas Law Celebrates Black History Month

Professor Michele Bratcher Goodwin

February is nationally recognized as Black History Month and, as a law school nationally recognized as having one the Top 5 Environments for Minority Students (Princeton Review 2015), we were honored to welcome two notables in their fields to speak with our students and faculty about issues of national relevance and importance.

First, on February 12, we welcomed Professor Michele Bratcher-Goodwin, a renowned Professor of Law from the University of California – Irvine. She is the founder and director of The Center for Biotechnology and Global Health Policy at UC Irvine School of Law. Professor Goodwin’s lecture was a part of St. Thomas Law’s Distinguished Lecture Series and was entitled “The New Jane Crow – Mass Incarceration and Then Impact on Women and Children.”

Judge Sherlyon McWhorter

The lecture focused on the powerful legacy of Jim Crow in the United States and offered insights on the impact for women and discrimination. She shared anecdotes about notable states’ practices that have included: shackling pregnant women, regulating pregnant women from subordinated groups, and prosecuting women for acts that are considered criminal solely because they are pregnant as constituting status-based punishments. During her hour-long lecture, Professor Goodwin also offered insights about what these status-based punishments that uniquely impact incarcerated “Jane Crow” women mean for law and society. It was a very popular and well-received lecture, which saw the discussion continue well beyond its official end.

On February 17, the St. Thomas University School of Law, Black Law Student Association and St. Thomas School of Law, Caribbean Law Student Association welcomed Judge Shirlyon McWhorter, former County Court Judge and currently the Executive Director of the Office of Civil Rights Compliance for Miami Dade County Public Schools who shared a lively and enlightening lecture entitled Civil Rights, Looking Back and Forward. Judge McWhorter shared her experiences with racial bias as a County Court Judge, how she worked through the race and gender-based barriers, the positive changes that she has seen, and the challenges that still lie ahead.

St. Thomas Law will continue to welcome and celebrate internationally-renowned, diverse speakers and luminaries beyond Black History Month.

St. Thomas Law Alumni Argue Cases Before the Florida Supreme Court

Shannon (Healy) Hemmendinger ‘12


Patrick Delany ‘09

St. Thomas Law’s tradition of excellence and achievement at the highest levels of continues, as two alumni recently argued cases before the Florida Supreme Court.

First, Shannon Hemmendinger argued on behalf of the Petitioner in Rodriguez v. State of Florida. Shannon, who graduated from St. Thomas  Law in 2012,  was in Moot Court, the Appellate Litigation Externship and the St. Thomas Law Review.  As a third year law student, she argued in front of the Third District Court of Appeal when that Court held arguments at St. Thomas Law in 2012.  

“Arguing a case in the Florida Supreme Court was an enriching experience that I am fortunate to have experienced very early on in my career, “ stated Shannon. “Using skills I acquired in the appellate litigation clinic and moot court program, I was able to answer several questions on several different issues while still being able to zealously advocate for my client.”

Since her graduation, Shannon has worked in the Appellate Division of the Miami-Dade County Public Defender's Office. She also has served as an alumni coach for a number of our Moot Court teams in state and national competitions.

Patrick Delaney also recently argued before the Supreme Court, though this wasn’t his first time doing so. In speaking about his accomplishments, Patrick stated that an Assistant Attorney General in the Capital Appeals Division, he frequently appears before the Florida Supreme Court for oral argument. Patrick graduated from St. Thomas Law in 2009. He was in a member of the Moot Court Team, completed the Appellate Litigation Externship and was also a member of the St. Thomas Law Review. As a third year law student he argued in front of the Third District Court of Appeal when that Court held arguments at St. Thomas Law in 2009.

“The experience and education I received at St. Thomas Law focused on the practical side of practicing law by developing my writing and litigation skills. Through the Appellate Litigation Clinic and Moot Court, I gained invaluable experience which gives me an advantage in the courtroom,” said Patrick.

Patrick is presently working as an Assistant Attorney General in Tallahassee.

St. Thomas Law Professor, Siegfried Wiessner, Teaches Constitutional Law in Romania

From Left: Ms. Katalin Kibedi, Center for Negotiation and Mediation (former Secretary of State, Ministry of Justice, Romania); Professor Claudiu Seucan, RAU; Professor Siegfried Wiessner; Dr. Silvia Martis Tabusca, Director, RAU Center for Human Rights and Migration

On December 15 and 16, 2014, Professor Siegfried Wiessner taught an intensive course on the “Separation of Powers and Individual Rights under United States Constitutional Law” at Romanian-American University in Bucharest, Romania.  He also conducted a workshop on the New Haven School of Jurisprudence, at the invitation of Dr. Silvia Martis Tabusca, 2004 Graduate of our LL.M. Program in Intercultural Human Rights, and Director of RAU’s Center for Human Rights and Migration.

Read more about Professor Wiessner here.

St. Thomas Law Ranked Top 5 in the Nation by Princeton Review for "Best Environment for Minority Students"

The 2015 edition of the Princeton Review has been released and St. Thomas University School of Law has maintained its Top 5 national ranking for having the “Best Environment for Minority Students.”

Based in Miami, Florida, St. Thomas Law has continually attracted a diverse student population and is a highly-regarded, student-centered law school where diversity is cherished, a commitment to human rights and international law flourishes, and the Catholic heritage of social justice enhances the education of all faiths.

“The survey reflects the quality of our law school and our commitment to every student's success,” stated Dean of St. Thomas University School of Law, Alfredo Garcia. “We adhere and live up to our mission and values in our continuing quest for excellence.”

In order for a law school to be ranked it must meet the Princeton Review’s criteria for academic excellence and be approved by the American Bar Association. In developing the ranking, Princeton Review surveyed almost 20,000 students at 169 law schools and collected data from school administrators. The survey asked students about their school's academics, student body, campus life, and their career plans. They also used data on admissions, academics, financial aid, and employment information.

The Princeton Review is an education services company known for its college rankings and line of 150 books published by Random House. It is not affiliated with Princeton University.

St. Thomas Law Graduate Wins Big in Asbestos Court Case

Michael Winkleman ‘06

St. Thomas Law graduate and maritime attorney, Michael Winkleman, of the firm Lipcon, Margulies, Alsina & Winkleman has won a multi-million dollar settlement for his client in an asbestos case against Carnival Cruise Lines. The case centered around the death of a cruise worker who worked as an electrician for the cruise line from 1985 to 2000. The worker developed lung cancer in 2001 and subsequently lost his life in 2005. The plaintiff’s family filed a suit following his death claiming that he developed cancer as a result of his daily exposure to asbestos in the engine rooms aboard the ship.

This is reportedly the first time that an asbestos case against a cruise line has gone to trial and, after a trial that lasted nine days, the jury awarded the plaintiffs a final settlement of $3.6 million.

Commenting on the case, Mr. Winkleman stated that he was “ecstatic to finally get the merits in front of a jury and for the jury to do the right thing.”

Mr. Winkleman is an active trial and appellate attorney handling all personal injury, cruise line sexual assault and wrongful death claims, as well as complex business disputes, such as Bad Faith Insurance disputes.

He graduated Magna Cum Laude from St. Thomas University School of Law in 2006.