White & Case
  Raoul G. Cantero
Partner
Miami

T: + 1 305 371 2700
F: + 1 305 358 5744/5766
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Practice Experience
Former Justice Raoul G. Cantero is a partner in the Firm’s Litigation Practice. Mr. Cantero leads the Miami Appellate Practice, in addition to focusing on cross-border disputes relating to Latin America. Since 1995, he has been Board-certified by the Florida Bar in appellate practice. He is also a certified arbitrator for the American Arbitration Association and the International Centre for Dispute Resolution.

Appointed to the Florida Supreme Court in 2002 by then-Governor Jeb Bush, Mr. Cantero was the first justice of Hispanic descent and one of the youngest ever to sit on the Court. In his six years as a justice, he heard hundreds of appeals and authored well over 100 majority, concurring and dissenting opinions, by definition involving precedent-setting and evolving areas of law. For example, Mr. Cantero authored the Court's opinion invalidating the gaming compact executed by Governor Charlie Crist with the Seminole Tribe of Florida and its unanimous opinion holding that the waiver of the Florida homestead exemption in an unsecured agreement is unenforceable. Mr. Cantero was also the sole dissenter in a decision of the Court holding that under the Federal Arbitration Act, a party may avoid arbitration by arguing that the contract in which the arbitration clause is contained is illegal — a decision the United States Supreme Court later reversed, thus adopting Mr. Cantero’s position.

Mr. Cantero chaired the Florida Supreme Court’s Commission on Professionalism for six years. He also has been an adjunct professor at Florida State University College of Law. In addition, this past year Mr. Cantero was the chair of the Florida Bar's Appellate Practice Section, and he is a member of the Third District Court of Appeal Judicial Nominating Commission, which nominates to the governor candidates applying to that court.

Before his Court appointment, Mr. Cantero was in private practice for 14 years in South Florida, specializing in civil and criminal appeals, during which he handled more than 300 appeals and more than 150 oral arguments in all five District Courts of Appeal of Florida, the Florida Supreme Court, and several US Courts of Appeals. He also chaired the City of Coral Gables Planning and Zoning Board for four years.

In 2007, Mr. Cantero was honored by the Cuban American Bar Association (CABA) with the creation of an endowment in his name. The Justice Raoul G. Cantero, III Diversity Enhancement Scholarship at Florida State University was created to financially assist those who share in CABA’s mission to promote equality of its members and increase diversity in the judiciary and in the legal community.

Recent Experience
Representation of QBE Insurance Corporation on appeal of a $25 million jury verdict to the Eleventh Circuit Court of Appeals. The insured asserted that QBE’s failure to advance payment under the policy prevented its compliance with the terms of the policy and excused its performance. The Eleventh Circuit disagreed, holding that the strict language of the policy required the insured to actually repaired the property before it could recover replacement cost damages. The court reduced the judgment by $14 million.

Representation of Austin Building Co., a general contractor, on appeal of a summary judgment holding that Austin was not properly licensed, and therefore could not sue the subcontractor for $24 million in damages.

Successfully defended a subsidiary of a Mexican paint consortium in an arbitration proceeding. The three-member arbitration panel unanimously held that the client was not liable in a claim brought by a paint distributor alleging breach of contract, negligent misrepresentation, and promissory estoppel. The distributor sought damages of $9 million to $11 million.

Successfully represented Honeywell in an appeal from a $24 million jury verdict in an asbestos product liability case. According to the plaintiffs' counsel, it was the largest award against one defendant in an asbestos case. The Third District Court of Appeal of Florida reversed on four of the five grounds raised on appeal and remanded for a new trial. Chief among the issues was the trial court's introduction of a prejudicial letter from an employee of Bendix Corporation -- the predecessor-in-interest to Honeywell -- dismissing reports that asbestos caused cancer.

Represented St. Paul Fire and Marine Insurance Company (a Travelers Company) in St. Paul Fire and Marine Insurance Company v. Lago Canyon, Inc. an appeal to the Eleventh Circuit Court of Appeals from a summary judgment order finding that the insurance policy on a yacht did not cover the yacht’s sinking that was caused by the corrosion of a valve.

Representative Appeals as counsel
Austin Building Co. v. Rago, Ltd., 63 So.3d 31 (Fla. 3d DCA 2011)
General Star Indemn. v. Atlantic Hospitality, 57 So.3d 238 (Fla. 3d DCA 2011)
Buckley Towers. v. QBE Ins. Co., 2010 WL 3551609 (11th Cir. 2010)
Penzer v. Transportation Ins. Co., 29 So. 3d 1000 (Fla. 2010)
Honeywell Intern., Inc. v. Guilder, 23 So. 3d 867 (Fla. 3d DCA 2009)
Nack Holding LLC v. Kalb, 13 So. 3d 92 (Fla. 3d DCA 2009)
MCI Express. Inc. v. Ford Motor Co., 832 So. 2d 795 (Fla. 3d DCA 2002)
Tejada v. In re Forfeiture of the Following Described Property, 820 So. 2d 385 (Fla. 3d DCA 2002)
Coca-Cola Bottling Co. v. Hagan, 813 So. 2d 167 (Fla. 5th DCA 2002)
Weber v. Bonilla-Mathe, 807 So. 2d 170 (Fla. 3d DCA 2002)
Verizon Florida, Inc. v. E. Leon Jacobs, Jr., et al, 810 So. 2d 906 (Fla. 2002)
Hagan v. Coca-Cola Bottling Co., 804 So. 2d 1234 (Fla. 2001)
Stensby v. Effjohn OY AB, 806 So. 2d 542 (Fla. 3d DCA 2001)
Sachs v. Innovative Healthcare, Inc., 799 So. 2d 355 (Fla. 3d DCA 2001)
Rigal v. Levine, Busch, Schnepper & Stein, P.A., 796 So. 2d 637 (Fla. 3d DCA 2001)
Ocean Bank v. Save Import and Export, Inc., 797 So. 2d 609 (Fla. 3d DCA 2001)
Florida Dept. of Agriculture and Cons. Serv. v. Miami-Dade County, 790 So. 2d 555 (Fla. 3d DCA 2001)
Perez-Abreu, Zamora & De La Fe, P.A. v. Taracido, 790 So. 2d 1051 (Fla. 2001)
Valdes v. The Miami Herald Pub. Co., 782 So. 2d 470 (Fla. 3d DCA 2001)
Infinity Radio Inc. v. Whitby, 780 So. 2d 248 (Fla. 4th DCA 2001)
United States Fidelity & Guar. Co. v. Ziegler, 771 So. 2d 1284 (Fla. 3d DCA 2000)
GTC, Inc. v. Garcia, 791 So. 2d 452 (Fla. 2000)
Berkowitz v. Berkowitz, 769 So. 2d 1098 (Fla. 3d DCA 2000)
United States Equal Employment Opportunity Comm'n v. W&O, Inc., 213 F.3d 600 (11th Cir. 2000)
Sunshine Bottling Co. v. Tropicana Products, Inc., 757 So. 2d 1231 (Fla. 3d DCA 2000)
King v. Hall, 740 So. 2d 1241 (Fla. 3d DCA 1999)
Otero v. The Midland Life Ins. Co., 753 So. 2d 579 (Fla. 3d DCA 1999)
United States Fidelity & Guar. Co. v. Romay, 744 So. 2d 467 (Fla. 3d DCA 1999)
Russakoff v. State, Dept. of Ins., 724 So. 2d 582 (Fla. 1st DCA 1998)
Charles v. Biscayne Builders, Inc., 719 So. 2d 379 (Fla. 3d DCA 1998)
Geftman v. Commissioner of Internal Revenue, 154 F.3d 61 (3d Cir. 1998)
Cosmic Corp. v. Miami-Dade County, 706 So. 2d 347 (Fla. 3d DCA 1998)
American Reliance Ins. Co. v. Kiet Investments, Inc., 703 So. 2d 1190 (Fla. 3d DCA 1997)
Coconut Grove Civic Club v. City of Miami, 703 So. 2d 515 (Fla. 3d DCA 1997)
Garcia v. Reyes, 698 So. 2d 257 (Fla. 1997)
Elkins v. Syken, 672 So. 2d 517 (Fla. 1996)
Acosta v. Richter, 671 So. 2d 149 (Fla. 1996)
Berkowitz v. City of Tamarac, 654 So. 2d 982 (Fla. 4th DCA 1995)
Life General Security Ins. Co. v. Horal, 667 So. 2d 967 (Fla. 4th DCA 1996)
Robinson v. Giarmarco & Bill, P.C., 74 F.3d 253 (11th Cir. 1996)
Kinney System, Inc. v. The Continental Ins. Co., 674 So. 2d 86 (Fla. 1996)
Resolution Trust Corp. v. Fragetti, et al., 49 F.3d 715 (11th Cir. 1995)
Castillo-Plaza v. Green, 655 So. 2d 197 (Fla. 3d DCA 1995)
State Farm Fire & Cas. Co. v. Middleton, 648 So. 2d 1200 (Fla. 3d DCA 1995)
Silver v. Levinson, 648 So. 2d 240 (Fla. 4th DCA 1994)
Metropolitan Dade County v. Sunlink Corp., 642 So. 2d 551 (Fla. 3d DCA 1992)
Stewart v. Stewart, 581 So. 2d 246 (Fla. 3d DCA 1991)
Lopez v. Southern Coatings, Inc, 580 So. 2d 864 (Fla. 3d DCA 1991)

Representative Opinions as justice - Majority
Old Port Cove Holdings v Old Port Cove Condominiums, 986 So.2d 1279 (Fla. 2008)
Florida House of Rep. v. Crist, 33 Fla. L. Weekly S437 (Fla. July 3, 2008)
Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007)
Garcia v. Federal Ins. Co, 969 So. 2d 288 (Fla. 2007)
State Farm Mut. Auto. Ins. Co. v. Roach, 945 So. 2d 1160 (Fla. 2006)
State Farm Mut. Auto. Ins. Co. v. Nichols, 923 So. 2d 1067 (Fla. 2006)
Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 913 So. 2d 528 (Fla. 2005)
Rotemi Realty, Inc. v. Act Realty Co., 911 So. 2d 1181 (Fla. 2005)
Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005)
Lashkajani v. Lashkajani, 911 So. 2d 1154 (Fla. 2005)
Cowan Liebowitz & Latman, P.C. v. Kaplan, 902 So. 2d 755 (Fla. 2005)
W. Fla. Elec. Coop. Ass’n v. Jacobs, 887 So. 2d 1200 (Fla. 2004)
Aramark Uniform & Career Apparel v. Easton, 894 So. 2d 20 (Fla. 2004)
St. Joe Corp. v. McIver, 875 So. 2d 375 (Fla. 2004)
Nehme v. Smithkline Beecham Clinical Labs., Inc., 863 So. 2d 201 (Fla. 2003)

Representative Opinions - Concurring
Betts v. Fastfunding The Company, Inc., 950 So. 2d 379 (Fla. 2006)
Gulfstream Park Racing Ass’n v. Tampa Bay Downs, Inc., 948 So. 2d 599 (Fla. 2006)
Am. Home Assur. Co. v. Nat’l R.R. Passenger Corp., 908 So. 2d 459 (Fla. 2005)
Indem. Ins. Co. of N. Am. v. Am. Aviation, Inc., 891 So. 2d 532 (Fla. 2004)
Knowles v. Beverly Enterprises-Florida, Inc., 898 So. 2d 1 (Fla. 2004)

Representative Opinions as justice – Concurring in Part and Dissenting in Part
Florida Department of Corrections v. Abril, 969 So. 2d 201 (Fla. 2007)
McKenzie Check Advance of Fla., L.L.C. v. Betts, 928 So. 2d 1204 (Fla. 2006)
Am. Home Assur. Co. v. Plaza Materials Corp., 908 So. 2d 360 (Fla. 2005)
Sullivan v. Sapp, 866 So. 2d 28 (Fla. 2004)

Representative Opinions as justice– Dissenting
Sanders v. City of Orlando, 33 Fla. L. Weekly S707 (Sept. 25, 2008)
Massey v. David, 979 So. 2d 931 (Fla. 2008)
Marsh v. Valyou, 977 So. 2d 543 (Fla. 2007)
Willis v. Gami Golden Glades, LLC, 967 So. 2d 846 (Fla. 2007)
American Wall Systems, Inc. v. Madison Intern. Group, Inc., 944 So. 2d 172 (Fla. 2006)
Ryan v. Lobo de Gonzalez, 921 So. 2d 572 (Fla. 2005)
Jones v. Fla. Ins. Guar. Ass’n, 908 So. 2d 435 (Fla. 2005)
Cardegna v. Buckeye Check Cashing, Inc., 894 So. 2d 860 (Fla. 2005), reversed, 126 S. Ct. 1204 (2006)
Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004)
Martinez v. Fla. Power & Light Co., 863 So. 2d 1204 (Fla. 2003)
Clay Elec. Co-op., Inc. v. Johnson, 873 So. 2d 1182 (Fla. 2003)

Bars and Courts
US Court of Appeals for the Fourth Circuit, 2010
US Court of Appeals for the Second Circuit, 2009
US Court of Appeals for the Third Circuit, 1997
Board Certified in Appellate Practice
Florida State Bar, 1995
US Court of Appeals for the Seventh Circuit, 1993
US District Court for the Eastern District of Wisconsin, 1992
US Court of Appeals for the Ninth Circuit, 1991
US Supreme Court, 1989
US Court of Appeals for the Eleventh Circuit, 1989
US District Courts for the Southern and Middle Districts of Florida, 1988
Florida Supreme Court, 1986

Education
JD, Harvard University, cum laude, 1985
BA, Florida State University, summa cum laude, Phi Betta Kappa, Phi Kappa Phi, Fred L. Stanley Award for Excellence in English, Marion L. Hay Award for Academic Excellence, 1982

Professional Associations and Memberships
Florida Bar Appellate Practice Section (Vice-Chair, 2008–09; Chair, 2010–11)
Dade County Bar Association
Cuban American Bar Association
American Arbitration Association

Awards and Recognition
Florida Legal Elite 2011
Most Effective Lawyers 2010
Inducted into the American Academy of Appellate Lawyers, 2010
Hispanic Business Magazine top hundred Most Influential Hispanics, 2008
Primum Regnum Dei Award (Archdiocese of Miami), 2008
Federalist Society of Florida Judiciary Award, 2008
Florida Bar William Hoeveler Professionalism Award, 2008
Florida Bar Appellate Practice Section James Adkins Award, 2008
The Justice Raoul G. Cantero, III, Diversity Enhancement Scholarship at Florida State University Law School, 2007
Nova Southeastern Law School Honorary Degree, 2006
Dade County Bar Association Ethics Award, 2005
Hispanic Business Magazine top hundred Most Influential Hispanics, 2003
Florida State University College of Arts and Sciences Graduate of Distinction Award, 2002
Fulbright Scholarship, 1987

Publications
"Three Simple Ways to Improve Your Briefs," The Florida Bar Journal, February 2011
"The Carrot and Stick Approach to Professionalism," The Professional, Summer 2008
"Certifying Questions to the Florida Supreme Court — What's So Important?," Florida Bar Journal (originally published in The Record, a journal of the Florida Bar's Appellate Practice Section), May 2002
"Changes to the Florida Rules of Appellate Procedure," Florida Bar Journal, December 1997
"Discovery from Medical Experts: How Much is Too Much?," 16 Trial Advocate Quarterly 1, Winter 1997
"Nonfinal Review of Insurance Coverage Issues: Wading Through the Quagmire," Florida Bar Journal, October 1995

Speaking Engagements
"Opinion Writing," Florida Court Law Clerks, by video conference to 34 locations, June 24, 2008
"Practicing before the Florida Supreme Court," Florida Bar Government Lawyers Section, Tallahassee, FL, June 12, 2008
"The Importance of Judicial Independence," World Justice Project Rule of Law Conference, Miami, FL, May 13, 2008
"The Obligations of Young lawyers and the Importance of Leadership Roles," Palm Beach County Bar Association Leadership Seminar, West Palm Beach, FL, April 25, 2008
"Preparing for Oral Argument," Justice Teaching Institute, Tallahassee, FL, April 21, 2008
"Opinion Writing," New Appellate Judges College, Orlando, FL, March 3, 2008
"Elections vs. Merit Retention," Federalist Society’s State Supreme Courts Luncheon, Washington, DC, November 16, 2007
"Florida Supreme Court Jurisdiction," Florida Bar Appellate Practice Section, Tallahassee, FL, May 18, 2007
"Judicial Independence," Highland County Law Day, Sebring, FL, April 30, 2007
"Arbitration from the Judicial Perspective," International Center for Dispute Resolution / AAA, Arbitration in America Seminar, Coral Gables, FL, February 23, 2007
"The Schiavo Case and Judicial Restraint," Coral Gables Rotary Club, Coral Gables, FL, July 6, 2006
"Principles of Appellate Practice," Florida State University School of Law Moot Court Team Banquet, Tallahassee, FL, April 19, 2006
"Operation and Jurisdiction of the Florida Supreme Court," Florida Supreme Court Interns, Tallahassee, FL, October 5, 2005
Florida State University Commencement Ceremony, Tallahassee, FL, April 30, 2005
"Judicial Review, Accountability, Decision-Making," Judicial Institute of Business Leaders, Tallahassee, FL, January 13, 2005
Florida State University College of Law Commencement Ceremony, Tallahassee, FL, December 13, 2003
"Discretionary Jurisdiction in Florida Supreme Court," Florida Association of Criminal Defense Lawyers, Miami, FL, November 14, 2003
"The Lawyer as Story Teller," Florida Bar Convention Seminar on Writing, Orlando, FL, June 26, 2003
Salute to Education Ceremony, Miami, FL, May 29, 2003
Miami-Dade Community College South Campus Commencement Ceremony, Miami, FL, May 3, 2003
"Florida Supreme Court’s Jurisdiction Over Certified Questions of Great Public Importance," Florida Bar Local Government Lawyers Section, Orlando, FL, February 24, 2003

Community Recognition
Florida Legal Elite (Appellate Practice), Florida Trend 2011
Chambers USA - Band 1 Florida Litigation, 2011

Languages
English
Spanish

Citizenship
United States