Miami Divorce Attorney – Andrew Boros, Esq

Oct 26 2011

Lawyers for Jose Padilla to appeal South Carolina case

Tag: Criminal Law,General — Andrew @ 6:01 am

CHARLESTON, SC –

Lawyers for the man convicted of plotting terrorism want a federal appeals court to reinstate a lawsuit alleging he was tortured at a South Carolina Navy brig.

Lawyers ask the Fourth U.S. Circuit Court of Appeals in Virginia on Wednesday to overrule a federal judge from South Carolina who dismissed the lawsuit involving Jose Padilla. The judge ruled Padilla had no right to sue government officials.

Padilla claimed he was illegally detained as an enemy combatant and tortured at a brig near Charleston.

He has been sentenced to 17 years by a judge in Miami for several terrorism-related charges. However, an appeals court in that circuit has ordered a new sentencing, saying 17 years is too lenient for someone trained to kill in an al-Qaida camp.

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Oct 26 2011

Homeowners file lawsuit against Chinese drywall manufacturer, distributor

Tag: General — Andrew @ 6:01 am

Lawyers representing South Florida homeowners with defective Chinese drywall went on the offensive Tuesday, pursuing separate legal claims against both the manufacturer and a distributor of the toxic product.

In Miami-Dade County court, a group of lawyers pressed for punitive damages against the German-based drywall manufacturing company Knauf and its Chinese outpost Knauf Plasterboard (Tianjin) Co. The homeowners’ original complaints have sought compensatory damages, and the motion for punitive damages could potentially lead to steeper penalties if Knauf is found to be liable for the tainted drywall used during the housing boom.

Knauf manufactured millions of sheets of Chinese drywall, which contains toxins that can corrode pipes and electrical wiring in homes, emit foul odors and cause breathing problems.

“They engaged in conduct that endangered every American consumer that had defective drywall,” said Miami Beach attorney Victor Diaz, comparing the drywall to a “ticking time bomb.” “They concealed it from the American consuming public in order to protect their financial interests.”

Miami-Dade Circuit Judge Joseph Farina, presiding over the case, stopped short of allowing all plaintiffs to seek punitive damages, indicating that the

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Oct 25 2011

TerreStar, Lehman, MSR Resorts, Madoff, A&P: Bankruptcy

Tag: General — Andrew @ 5:46 pm

October 25, 2011, 9:50 AM EDT

More From Businessweek

By Bill Rochelle

(This report contains items about companies both in bankruptcy and not in bankruptcy. Updates Madoff; adds Dodgers, Washington Mutual, Lehman, Harrisburg, Ambac and Capmark in Updates; and section on Daily Podcast.)

Oct. 25 (Bloomberg) — TerreStar Networks Inc., having sold the business to Dish Network Corp. for $1.375 billion, said in a court paper that $33 million should be left over for eventual distribution to unsecured creditors, assuming the company is correct with regard to interest owing to secured noteholders.

The disclosure was made in an Oct. 19 motion for an extension of the exclusive right to propose a Chapter 11 plan until Dec. 20. The hearing to consider the exclusivity motion is set for Nov. 16.

TerreStar explains how it received $1.345 billion at

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Oct 25 2011

TerreStar, MSR Resorts, Madoff, A&P, Montana Co-Op: Bankruptcy

Tag: General — Andrew @ 5:44 am

October 25, 2011, 12:23 AM EDT

More From Businessweek

By Bill Rochelle

(This report contains items about companies both in bankruptcy and not in bankruptcy.)

Oct. 25 (Bloomberg) — TerreStar Networks Inc., having sold the business to Dish Network Corp. for $1.375 billion, said in a court paper that $33 million should be left over for eventual distribution to unsecured creditors, assuming the company is correct with regard to interest owing to secured noteholders.

The disclosure was made in an Oct. 19 motion for an extension of the exclusive right to propose a Chapter 11 plan until Dec. 20. The hearing to consider the exclusivity motion is set for Nov. 16.

TerreStar explains how it received $1.345 billion at completion of the sale to Dish in August. From two court- authorized distributions, financing for the Chapter 11 case was paid off in full.

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Oct 24 2011

Mount Soledad Cross Still Unconstitutional

Tag: General — Andrew @ 5:34 pm

A three-judge panel at the 9th U.S. Circuit Court of Appeals has denied petitions to rehear a case which deemed the Mount Soledad Cross to be unconstitutional. The court earlier ruled the cross’ presence to be in violation of the establishment clause of the Constitution.

The current cross, the third to be erected since 1913, is claimed by some to be part of a larger Korean War memorial. Opponents of the cross, including the American Civil Liberties Union and the Jewish War Veterans of America, believe the cross is an “unmistakable representation of Christianity.”

Although the ruling was not considered by proponents to be a victory, what’s most exciting, they say, is the lengthy dissenting opinion of judges Diarmuid O’Scannlain, Richard Tallman, Conseuelo Callahan and Sandra Ikuta.

“The Cross stood unchallenged for 40 years,” they wrote. “Mt. Soledad is a memorial to the sacrifice made by many soldiers who have protected this country over the years, regardless of their religion. The Cross has stood at the entrance to the memorial for almost 100 years [and has] taken on the symbolism of marking the entrance to the war memorial. We should let it be.”

Attorney Charles Berwanger, who represents the Read More...
Article source: http://lajolla.patch.com/articles/mt-soledad-cross-still-unconstitutional-says-u-s-9th-circuit-court-of-appeals

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Oct 24 2011

Overdraft Ruling May Prove Boon to Banks

Tag: General — Andrew @ 5:34 pm

A flood of overdraft cases has streamed into the Miami courtroom of U.S. District Judge Lawrence King over the past two years, but a panel of federal judges may have turned off the spigot last Friday.

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Oct 24 2011

Lehman, Innkeepers Trust, Madoff, Tribune, Xanadoo: Bankruptcy

Tag: General — Andrew @ 5:25 am

October 24, 2011, 12:24 AM EDT

By Bill Rochelle

(This report contains items about companies both in bankruptcy and not in bankruptcy.)

Oct. 24 (Bloomberg) — Lehman Brothers Holdings Inc. generated $4.4 billion in traded claims during September alone, in part because “people are now trading on the time value of money,” according to Andrew Gottesman, head of claims trading at SecondMarket Inc.

Always dominating the claims-trading business since May 2009, trading in Lehman claims more than doubled from the month before even though the former investment banks is scheduled for a confirmation hearing on Dec. 6 to wrap up the Chapter 11 begun in September 2008.

Claims traders have had months to analyze Lehman’s disclosure statement while projecting how much creditors will receive and when. Even late in a case where the facts are out on the table for all to see, Gottesman explained in an interview how it’s still possible to buy a claim while having a “reasonable degree of certainty” about making a profit.

Gottesman also said that much of the selling came from banks and financial

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Oct 24 2011

Anchor Babies Sue Floridians In Landmark Case – OpEd

Tag: General — Andrew @ 5:25 am

An immigrant advocacy group has filed a lawsuit on behalf of anchor babies — children born to illegal aliens in the United States who are immediately granted citizenship. The lawsuit was filed against the Florida education commissioner and the state university chancellor regarding in-state and out-of-state college tuition.

In what may become a landmark civil court case that may set a judicial precedent, so-called anchor babies are suing Florida’s public education officials for making them pay the higher college tuition rate charged to out-of-state students because their parents are in the U.S. illegally.

In a Judicial Watch blog report, children born in the United States to illegal aliens are required to prove that their parents are in the country legally in order to pay the discounted tuition fee offered to Florida citizens at public colleges and universities. Most states offer the same perk, which saves residents a big chunk of change at taxpayer-funded schools.

That’s why controversy has erupted recently over states, many of them cash-strapped, that grant the public benefit to illegal immigrants, notes the blogger at Judicial Watch, a non-partisan public interest group that investigates and prosecutes government corruption.

This Florida case is different than those in other states, however, because the

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Oct 23 2011

William Hochul puts death penalty to frequent test

Tag: General — Andrew @ 3:57 pm

It’s hard to find a federal prosecutor anywhere in the nation who has filed as many potential death penalty cases as William J. Hochul Jr., the U.S. attorney for Western New York.

So far, none of those cases has led to an execution.

But they have cost taxpayers a bundle of money — more than $661,000 in the past year.

Since taking office in March 2010, Hochul has filed potential death penalty cases against 24 people. That’s more than those filed by federal prosecutors in Los Angeles, Chicago, Detroit, Miami or any city in Texas.

In fact, among the 94 federal prosecutors throughout the land, only two others — both from New York City-area districts far more populous than Western New York — have filed as many potential death penalty cases with Washington as Hochul in the past two years.

So far, Washington has not approved any of Hochul’s cases for a death penalty prosecution, though a dozen decisions are pending before the U.S. attorney general. But it often takes months from the time a U.S. attorney files a potential death penalty case until the attorney general decides whether to pursue the death penalty. As a result, the Buffalo and Rochester federal courts where Hochul

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Oct 23 2011

Con artist who helped Google probe to be sentenced

Tag: General — Andrew @ 3:57 pm

By LAURA CRIMALDI, Associated Press
–
2 hours ago

PROVIDENCE, R.I. (AP) — A massive federal investigation that resulted in Google Inc. forfeiting $500 million this year to settle criminal claims over its advertising began with the 2008 arrest of a jet-setting career con artist, who took federal agents in Rhode Island into the underground world of peddling pills online.

David Whitaker, 36, finalized the decision to help federal agents investigate Google within six weeks of being arrested in California after being expelled from Mexico, where he told authorities he spent his time selling drugs online, according to his plea agreement. He had already served three prison sentences and was staring down a maximum sentence of 65 years in Rhode Island for bilking $8.7 to $22.6 million from small businesses and a credit card company during the mid-2000s, court records show.

The plea deal he signed with federal prosecutors offered some salvation. If he agreed to help the government with an investigation, prosecutors would recommend a punishment “at the lowest point of sentences” when Whitaker learns his fate in the fraud case on Dec. 2 in U.S. District Court in Providence.

That was the start of his two-year

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