A West Palm Beach strip club owes eight California models as much as $1.8 million for using their photos to lure customers without their permission, according to a lawsuit filed last week in Palm Beach County Circuit Court.
In the lawsuit against Ultra Gentlemen’s Lounge, Miami attorney Sarah Cabarcas Osman claims the eight women are top-flight models and business women who never authorized the club on Congress Avenue to use their photos in promotional advertisements.
The club, formerly operated as T’s Lounge, “gained an economic windfall by using the images of professional and successful models for (its) own commercial purposes,” Osman wrote. In addition to not being paid, the woman “sustained injury to their images, brands and marketability by shear affiliation with Ultra Lounge and the type of club (it is),” she wrote.
In an affidavit attached to the lawsuit, a Los Angles modeling agent estimated the club owes the women $1.78 million for using their photos.
The retrial of the multi-million-dollar lawsuit against Palm Beach County sheriff’s Sgt. Michael Custer in the 2012 shooting death of Seth Adams will be held before a different federal judge as early as July 10.
In an order signed Monday, U.S. District Judge Daniel Hurley, who presided over the trial that ended last month with a hung jury, assigned the case to his colleague, federal Judge Donald Middlebrooks.
Hurley, who reportedly planned to retire before the summer, had scheduled the second trial to begin Oct. 10. But, in the order, he said attorneys for Adams’ parents and the sheriff’s office indicated they wanted it to be held sooner. Both sides agreed to a July 10 start, he said.
Middlebrooks agreed to hear the case, Hurley wrote. He told the attorneys to consult with Middlebrooks’ staff to see if the trial could be held sooner.
After a month-long trial, the nine jurors were unable to reach a unanimous verdict about whether Custer used excessive force when he fatally shot the 23-year-old as Adams returned to A One Stop Garden Shop in Loxahatchee Groves, where he lived and worked with his brother and sister-in-law.
Attorney Wallace McCall, who talked to some of the jurors after the trial, said he was told there was one hold out. He had sought $10 million to $20 million for Lydia and Richard Adams, claiming Custer lied when he said Adams attacked him and the sheriff’s office helped him cover up the truth.
The sheriff’s office has said that Custer, who was working undercover on the night of the shooting, was in fear for his life.
When attorneys tell judges they want off a case, they routinely cite “irreconcilable differences,” which typically means they haven’t been paid.
But, when a Jupiter attorney decided he no longer wanted to represent former North Palm Beach jeweler Anthony Simpson, he felt compelled to apologize to the judge and lawyers representing a New Jersey woman who is trying to evict Simpson from his home. Court records show he deeded it to her in 2015 in exchange for $450,000.
“My credibility is all I have and I have been lied to repeatedly by (Simpson),” attorney David Kuschel wrote in a motion filed in Palm Beach County Circuit Court earlier this month. “I did not become an attorney to abuse the judicial system or to lie to other members of the Florida Bar and the Court.”
Like others who have dealt with the former owner of Shamrock Jewelers on Northlake Boulevard, Kuschel said he believed Simpson when he told him he had “a financial backer.” Simpson promised repeatedly that the anonymous benefactor would give him $600,000 to settle the eviction lawsuit filed against him by Jodi Monell, as trustee of two family-owned trusts in Colts Neck, N.J., Kuschel wrote.
Kuschel said he met with people who were interested in buying Simpson’s home but that they didn’t understand the urgency of doing so. “Apparently, (Simpson) also misrepresented facts to the financial backers,” he wrote.
“The undersigned counsel does not know what else he can do, hence withdrawing from this action is my best course of action,” he wrote in the request.
In 2015, Simpson repeatedly told U.S. Bankruptcy Judge Erik Kimball he had “an angel” who would repay those who invested roughly $12 million in Rollaguard, a company he formed to produce a high-tech brief case. When the anonymous benefactor never appeared, Kimball put a bankruptcy trustee in charge of Rollaguard and Shamrock, who closed them both.
Trustee Robert Furr has filed dozens of lawsuits trying to recover millions from those who made money on both Shamrock and Rollaguard at the expense of others. Simpson also faces charges in Louisiana for writing bad checks to a diamond broker there.
Circuit Judge Edward Artau has scheduled a hearing on April 17 on Monell’s request to order Simpson out of his Oyster Road home.
Wifredo A. Ferrer, the outgoing U.S. Attorney for the Southern District of Florida, has accepted a position as head of the Global Compliance and Investigations team at the international law firm Holland & Knight.
The move, announced in a press release Wednesday, will put Ferrer in charge of corporate compliance and government investigations for the firm’s white-collar defense division.
Company officials said Ferrer, who with seven years as U.S. Attorney was the South Florida office’s longest-serving top prosecutor since the 1970s, will focus on both domestic and international clients.
“Over my many years in the South Florida community, I’ve been very impressed by the caliber and professionalism of Holland & Knight attorneys, many of whom I count as friends,” Ferrer aid in the news release. “The firm has an outstanding reputation in the profession and also embodies a culture that is deeply committed to giving back to the community. I look forward to contributing to its continued success.”
Ferrer will work at the firm’s Miami office, one of its 27 branches worldwide.
Former Statewide Prosecutor William Shepherd, who heads Holland & Knight’s West Palm Beach office, attributed Ferrer’s move in part to an opportunity to reunite with the head of the firm’s litigation section, John Hogan.
Ferrer previously worked with Hogan at the Department of Justice while Mr. Hogan was chief of staff to U.S. Attorney General Janet Reno.
“I think it’s great to have Willy as part of the the team,” Shepherd said, later adding: “He’s a real trial attorney, both from the county attorney’s office in Miami-Dade and as Assistant U.S. Attorney, so he brings new depth to an already strong national team.”
In ruling against Trump on Wednesday, in a decision involving Trump National Golf Club Jupiter, U.S. District Judge Kenneth Marra made it clear he meant the new president no disrespect when he referred to him simply as Donald Trump or D. Trump throughout the 22-page order.
“At all times relevant to this lawsuit, Donald J. Trump was a private citizen. As a result, the Court will refer to him as such in this decision. In doing so, the Court means no disrespect to him or to the esteemed position he now holds.”
In a one-page ruling, U.S. District Judge Kenneth Marra ruled in favor of members who filed suit against Trump National Golf Club Jupiter on Donald Ross Road. He awarded them $4.8 million plus $925,000 in interest.
In a statement, the Trump Organization vowed to appeal.
At a trial in August, members argued that under Trump’s ownership they had been soaked for millions. Trump purchased the ailing club from The Ritz Carlton for $5 million in 2012. The bargain price came with the understanding that he was responsible for the $41 million that Ritz-Carlton GolfClub & Spa owed members in refundable deposits.
Contrary to Ritz-Carlton’s policies, Trump ownership rules bar members from the club once they announce their intentions to resign. Even though they can’t use the club, they are still billed $8,000 to $20,000 a year for dues and must pay an $1,800 annual fee for food and beverages. Because most have to wait until five new members join before their deposit will be refunded, those bills will continue to mount for years.
Trump, then hot on the campaign trail, testified by videotape. His son, Eric, who oversees the club along with 17 others owned by The Trump Organization, claimed the members were just disgruntled and eventually would get their money back when new members joined.
In the statement, a spokesperson for the Trump Organization wrote: “We respectfully disagree with the Court’s decision. The plaintiffs were all members under Ritz Carlton who resigned before Trump purchased the Club. At the time Trump purchased the Club, it was suffering financially, making it unlikely that these members would ever get back their deposits. At trial, we presented overwhelming evidence that the plaintiffs’ memberships were never recalled and that the plaintiffs had waived this argument during the course of the litigation.”
A Boca Raton probate and guardianship lawyer has renewed his efforts to have Donald Trump declared mentally unfit to serve as president of the United States.
Attorney James Herb said Trump’s actions over the last 10 days – fighting over the size of the crowd at his inauguration, insisting he really won the popular vote and inciting international turmoil with an immigration ban – reinforce his earlier claims that part-time Palm Beach resident is delusional.
A similar guardianship petition Herb filed in Palm Beach County Circuit Court in the run-up to the November election was thrown out by Circuit Judge Jaimie Goodman. As a state court judge, Goodman said he had no power to block Trump’s candidacy or remove him from office. Further, he ruled, Herb didn’t have a relationship with Trump that would allow him to ask that the real estate tycoon be declared incompetent.
Herb said he has addressed those legal obstacles in a new petition filed Monday. “I did not have a relationship with him but I now do because he’s my president,” Herb said.
Further, he said, he’s not asking a judge to remove Trump from office. That would be done in accordance with a process outlined in the U.S. Constitution.
Herb said he is simply asking a judge to appoint a team of experts to evaluate the new chief executive’s mental health. If Trump is found incompetent by the three-person panel, the judge could then limit his activities.
In the petition, Herb is asking that Trump be barred from “seeking or retaining employment.” In an asterisks, he notes that he is asking Trump be prohibited from “retaining employment as President of the United States.” If a judge agrees to the limitation, the order would be forwarded to federal officials capable of removing him from office.
As he did in the previous petition, Herb claims Trump exhibits signs of narcissism and histrionic personality disorder. Both are recognized as mental illnesses by the Diagnostic and Statistical Manual of Mental Disorders, which is published by the American Psychiatric Association. Since taking office, Trump has also exhibited signs of being delusional, Herb wrote.
Herb, who was criticized as a publicity-hound after filing the first petition in October, said his actions aren’t part of some self-serving publicity stunt. A longtime guardianship and probate lawyer, he said his practice is now primarily limited to wills and trusts.
“I’m not interested in getting business. I have plenty of business,” he said.
His goal, he said, is much more far-reaching. “I’m trying to save the world,” he said.
He is not alone in his suspicion that Trump is mentally unfit to be president. A group calling itself “We The People,” on Sunday started an online petition to “Demand Congress Require an Independent Expert Panel Determine the President’s Psychiatric Stability to Protect America.” If they get 99,999 signatures by Feb. 28, the White House by law has to respond.
The saga of efforts to seize a Palm Beach County sheriff’s deputy’s belongings to pay the expenses of a West Palm Beach man he shot and paralyzed took another turn on Tuesday when attorneys challenged the value he claimed his possessions are worth.
In court papers, attorney Jack Scarola, who represents Dontrell Stephens, accused Sgt. Adams Lin of understating the value of his car, his television and a Play Station. They are the only belongings Lin said he owns that are worth more than $25. In total, he said, his possessions, excluding his car, are worth less than $4,000.
Also, while Lin in court papers set the value of his two dogs and a cat at $100, a spokesman for Scarola said neither those pets nor an aquarium with fish were seized. By law, Lin was required to list the value of all of his possessions worth more than $25, the spokesman said.
A hearing will be held before U.S. Magistrate Barry Seltzer on Wednesday to determine if Lin will get his belongings back. He is allowed to retain $4,000 worth of his possessions, according to the state law. He claims he owes more on his 2014 Dodge Challenger than the $22,000 claims it is worth. Scarola claims it has been modified at a cost of $13,000, making it far more valuable.
Lin’s belongings were seized by court order on Jan. 7 from Lin’s home to defray a $22.4 million judgment Scarola won for Stephens last year. Stephens, 23, who was paralyzed after he was shot by Lin in 2013, is destitute, Scarola said.
The judgment is also against the Palm Beach County Sheriff’s Office. Scarola said he wants Sheriff Ric Bradshaw to pay Stephens the $200,000 he agency will be legally required to pay if the verdict is upheld on appeal. Bradshaw, he said, has refused.
Under Florida law, $200,000 is the most government agencies can be required to pay for wrongdoing. To get more, the Florida Legislature must pay a claims bill, lifting the cap.
The 11th Circuit Court of Appeal has denied a request to throw out a multi-million lawsuit filed by the parents of Seth Adams against the Palm Beach County Sheriff’s sergeant who shot and killed him more than four years ago.
Attorneys for Sgt. Michael Custer filed a motion to throw out the case with the high court earlier this year. The court’s denial means the case could be headed to trail sometime next year.
“We are pleased that the Appellate Court agreed that there is no physical evidence to support Sergeant Custer’s version of events,” said Wallace McCall of Cohen Milstein Sellers & Toll, the firm representing the Adams family. “We look forward to trial so that the public will be able to understand what really happened that night.”
Custer fatally shot Adams, a 24-year-old Loxahatchee Groves resident, as he was returning to his family’s garden shop on A Road off Okeechobee Boulevard, where he also lived.
Afterwards, Custer claimed he shot Adams, fearing he was reaching into his pickup truck for a gun. Instead, the unarmed Adams was grabbing his cell phone.
In March, a judge mostly cleared PBSO of wrongdoing amid allegations that it intentional destroyed or hid evidence to thwart the lawsuit – including the laptop and cell phone Custer used that night.
While attributing most of the agency’s lapses to negligence or technological glitches, U.S. District Judge Daniel Hurley said he was still “deeply concerned” that it allowed Custer’s cellphone to disappear.
Attorney Summer Barranco, who represents the sheriff’s office and Custer, attributed the failures to a simple mistake.
“It’s officially over!” County Attorney Denise Nieman wrote county commissioners on Wednesday.
While the president-elect’s attorneys had called her on Monday, saying they no longer planned to pursue the nearly 2-year-old lawsuit, they didn’t file necessary court papers until Wednesday.
In a two-sentence notice, Trump’s attorneys John Marion and Bruce Rogow, a noted constitutional law expert, wrote that they were voluntarily dismissing the suit “with prejudice.” Neither the county nor Trump, they wrote, would seek court costs or attorneys fees in connection with the abandoned litigation.
It was the third lawsuit Trump filed against the county, claiming jets from Palm Beach International Airport were causing irreparable damage to the historic club, built in the 1920s by cereal heiress Margaret Merriweather Post and her then husband E.F. Hutton. The first lawsuit, filed in 1995, was settled and a second one was dismissed by a Palm Beach County circuit judge.
Airports Director Bruce Pelly said the county has spent more than $800,000 fighting Trump in court.