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Wednesday, March 16, 2016

BATMAN v SUPERMAN

BREAKING:

President Obama appeared in the Rose Garden this morning and announced his choice ..... Kansas .... as the winner of his NCAA BB tournament bracket.  In other news, he also introduced Judge Merrick Garland, Chief of the DC Circuit, as his nominee to the Supreme Court.  Garland won confirmation from the Senate in 1997 to his current seat by a vote of 99-0 (with Marco Rubio the lone missing vote).*


THE CAPTAIN REPORTS:

CRIMINAL ATTORNEYS IN CIVIL COURT ... WHAT'S THE WORLD COMING TO ???

In the new movie Batman v Superman, Bruce Wayne - better known under his nom de guerre, Batman, embarks on a personal vendetta against Superman.

In civil court last week, it was two heavyweight criminal defense attorneys battling it out in front of Judge Peter Lopez over a civil complaint filed in 2012.

The two combatants in this case were attorneys Nathan Diamond and Stephen Rosen and their dispute goes back 11 years. The jury spoke last week when they awarded at least $800,000 to Diamond for fraud, breach of contract and conspiracy. With punitive damages and interest, the award could reach $2 million dollars.

Intrepid reporter Julie Kay covers it all in a DBR article that can be found here. According to Kay, "The complex complaint filed in Miami-Dade Circuit Court in 2012 alleged Rosen hatched a scheme to get his legal fees paid through the sale of a multimillion-dollar piece of Florida Keys real estate owned by his client. However, Diamond alleged he was left out of the deal and got cheated out of most of the money."

The criminal case began when Rosen was hired by criminal defendant Liens Abreu, who was charged with first degree murder in 2005. Abreu had hatched a plot to have her children’s father and two other men killed in a $200,000 home invasion robbery. Among those also arrested and charged with murder was criminal defendant Ruben Gonzalez. Rosen asked Diamond to come into the case as Gonzalez’s attorney. Both attorneys were contracted to receive $1 million each.

The source of the money to pay the legal fees was a five acre property owned by Abreu, located in the Florida Keys, that was worth an estimated $5-7 million dollars. According to the civil complaint, to induce Diamond to represent Gonzalez, Rosen had a real estate attorney prepare mortgages for both of them, with Diamond receiving an enforceable first mortgage on the property.

Well, Diamond never received the promised first mortgage and never was paid the promised $1 million fee. Instead, he was paid $200,000 from Rosen's trust account toward his fee. Rosen advised Diamond "that a little issue had arisen on the property" based on the recording of the deed.

In the criminal case, Ruben Gonzalez, the shooter, pleaded guilty in 2010 and was sentenced to 15 years in prison, while Liens Abreu pled guilty and received a five-year sentence.

In the civil case, jurors return on April 11th to consider punitive damages.

*(Actually the vote was 76-23).

CAPTAIN OUT .......
Captain4Justice@gmail.com

14 comments:

Anonymous said...

wHATEVER happened to judge Mehrtens? This would have beena great case for him. He loved it when lawyers sued each other.

Anonymous said...

How is there no conflict with one client paying the legal fees for both herself and her codefendant?

Anonymous said...

I wish I could get that kind of fees in murder cases. Defendants now go with PD, RCC or wheel attorneys.

CAPTAIN JUSTICE said...


to 11:24 PM

No. David Young is still unopposed.

Cap Out ....

Rumpole said...

David was second behind Merrick Garland according to inside sources.

Anonymous said...

Garland's going to get the ol Huck-a-buck.
My prediction? PAIN

Anonymous said...

Newman a close second. Damn, Shula didn't have the juice to get him over the top.

earl rogers said...

Garland looks like a very conservative choice, and we're probably lucky the Republicans are going to block him. Hopefully, our new president will make a better choice (and look beyond Harvard Law School for some legal talent). Maybe we'll even get a Protestant on the court.

Anonymous said...

$1 Million for a murder?! Fucking ticket lawyers driving down fees. $1M should be the price of a second degree felony, maybe an occupied burglary. Guys start dropping their fees to $1M for a murder and before you know it, we're all doing DUIs for 100k.

Anonymous said...

Young will get tough opposition from a well known Hispanic attorney. He will pay for his demeaning attitude he has displayed against attorneys. He is unfit for the bench..... Stay tuned

Claude Erskine- Browne said...

We don't want no Harvard educated appellate Judge who as an Assistant Attorney General, prosecuted Terrorists on the Supreme Court ,
Said Republican Senator Hatch

Anonymous said...


Wait, Claude, there are terrorists on the Supreme Court. News Flash. Do tell.

Claude Erskine- Browne said...

9:22
Sorry, forgot the comma after Terrorist. But, Judge Garland , as an Assistant AG, prosecuted well know domestic terrorists who killed hundreds of Americans, The Unibomber and Oklahoma City .

Anonymous said...

Oh now we're talking shit about Ted Kaczinsky