School's back Monday. To get you in the mood, here's a clip from Back to School:
The DBR reports that the mold lawsuit filed by Ted Klein's family has been dismissed by Judge Story. Apparently, you can only get $1,000 under the Federal Employees Compensation Act when death results from on-duty injuries of a federal employee. Readers, can this law be constitutional? That seems insane to me.
The UBS case keeps going and going and going. This time a banker and a lawyer have been indicted. Via Curt Anderson:
A banker and a lawyer from Switzerland were indicted Thursday on fraud charges for allegedly helping rich Americans evade taxes by hiding assets in Swiss banks, including UBS AG and a smaller Zurich-based institution.
Among the allegations in court documents against banker Hansruedi Schumacher, 51, and 42-year-old attorney Matthias Rickenbach is that they told a New York businessman they paid an unnamed Swiss government official a $45,000 bribe for information on whether the businessman's account would be revealed to U.S. investigators.
Schumacher and Rickenbach each face a single charge of conspiring to defraud the U.S., which carries a potential five-year prison sentence. Prosecutors said both men remain in Switzerland, and it wasn't immediately clear if they had U.S. lawyers to represent them.
The indictment comes one day after the Swiss and U.S. governments unveiled an agreement in which UBS will divulge names of some 4,450 wealthy Americans suspected of dodging taxes through secret bank accounts. Many of those people, and the bankers and attorneys who advised them, could also face criminal charges.
And from the last post, we're debating Plaxico Burress' two year sentence in the comments. Go post your thoughts.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Showing posts with label Ted Klein. Show all posts
Showing posts with label Ted Klein. Show all posts
Friday, August 21, 2009
Sunday, December 14, 2008
FECA matter
The government has moved to dismiss the wrongful death lawsuit filed by Ted Klein's family.
Julie Kay has the details here:
A wrongful death case brought by the children of a federal magistrate judge in Miami who they say died due to moldy conditions at a federal courthouse should be dismissed for lack of jurisdiction, the government is arguing. In a motion to dismiss filed on Nov. 28, attorneys for the Justice Department argued that the only remedy open to Andrew and Jennifer Klein, children of former Magistrate Judge Ted Klein, is the Federal Employees' Compensation Act. "The FECA was enacted to provide benefits to federal employees injured or killed in the course of performing their duties," states the motion. "It serves as the sole remedy against the United States for any on-the-job injury or death. Liah Catanese, an attorney for the Kleins at Alan Goldfarb P.A. in Miami, declined comment, saying their response would be laid out soon in a court document.
Any FECA experts out there? Is the government correct?
Julie Kay has the details here:
A wrongful death case brought by the children of a federal magistrate judge in Miami who they say died due to moldy conditions at a federal courthouse should be dismissed for lack of jurisdiction, the government is arguing. In a motion to dismiss filed on Nov. 28, attorneys for the Justice Department argued that the only remedy open to Andrew and Jennifer Klein, children of former Magistrate Judge Ted Klein, is the Federal Employees' Compensation Act. "The FECA was enacted to provide benefits to federal employees injured or killed in the course of performing their duties," states the motion. "It serves as the sole remedy against the United States for any on-the-job injury or death. Liah Catanese, an attorney for the Kleins at Alan Goldfarb P.A. in Miami, declined comment, saying their response would be laid out soon in a court document.
Any FECA experts out there? Is the government correct?
Thursday, July 24, 2008
"Suit: Contractors caused mold that killed magistrate Klein"
That's the headline for the DBR article here.
"The son and daughter of the late U.S. Magistrate Judge Theodore Klein have filed a wrongful death suit against contractors who handled projects at the courthouse where he worked alleging they created the conditions that killed him."
"The son and daughter of the late U.S. Magistrate Judge Theodore Klein have filed a wrongful death suit against contractors who handled projects at the courthouse where he worked alleging they created the conditions that killed him."
Wednesday, April 23, 2008
Mold findings....
Some more coverage of the Dyer mold problem here and here and here.
From the AP:
Miami's historic downtown federal courthouse suffers from extensive contamination of dangerous types of mold and should have some sections closed for cleaning, according to a new environmental study released Tuesday.
But the analysis by a private firm - hired by the attorney for the family of a judge who died in 2006 of a lung ailment - stops short of recommending that the 75-year-old building be shuttered completely.
The now-sealed courtroom formerly used by the U.S. Magistrate Judge Theodore Klein before his death contained "very heavy growth" of hazardous mold and there are concerns that spores have spread throughout the building through air conditioning systems, said attorney Alan Goldfarb.
From the AP:
Miami's historic downtown federal courthouse suffers from extensive contamination of dangerous types of mold and should have some sections closed for cleaning, according to a new environmental study released Tuesday.
But the analysis by a private firm - hired by the attorney for the family of a judge who died in 2006 of a lung ailment - stops short of recommending that the 75-year-old building be shuttered completely.
The now-sealed courtroom formerly used by the U.S. Magistrate Judge Theodore Klein before his death contained "very heavy growth" of hazardous mold and there are concerns that spores have spread throughout the building through air conditioning systems, said attorney Alan Goldfarb.
Friday, February 01, 2008
Don't clean that mold!
That's what Judge Story ruled in the Dyer mold case (via Julie Kay). From the article:
According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story — sitting in the Miami case — issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein. Klein died of a mysterious respiratory illness that his family believes was caused by years of working at the old courthouse building. "There is a reasonable risk that material evidence located in and around the David W. Dyer Federal Courthouse, relating to a future claim by the Kleins, against governmental entities and/or private entities, will be modified, altered, mitigated, destroyed and/or remediated and that such change will significantly prejudice the Klein family, causing immediate, irreparable and continuous harm because the contaminants, toxins and/or other evidence will be permanently lost," stated Story's order. Story also authorized Klein family attorney Alan Goldfarb and his experts to "inspect, photograph and videotape" the Dyer Building.
According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story — sitting in the Miami case — issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein. Klein died of a mysterious respiratory illness that his family believes was caused by years of working at the old courthouse building. "There is a reasonable risk that material evidence located in and around the David W. Dyer Federal Courthouse, relating to a future claim by the Kleins, against governmental entities and/or private entities, will be modified, altered, mitigated, destroyed and/or remediated and that such change will significantly prejudice the Klein family, causing immediate, irreparable and continuous harm because the contaminants, toxins and/or other evidence will be permanently lost," stated Story's order. Story also authorized Klein family attorney Alan Goldfarb and his experts to "inspect, photograph and videotape" the Dyer Building.
Tuesday, January 15, 2008
To recuse or not to recuse...
Judge Gold recused on the Ted Klein mold case. Julie Kay, in the National Law Journal, speculates that the entire Southern District bench may follow suit:
U.S. District Judge Alan Gold in Miami has recused himself from a Freedom of Information case brought by the children of deceased magistrate judge Ted Klein against the General Services Administration. Gold's judicial assistant confirmed Monday that Gold has recused himself from the controversial case. Many are speculating that the entire Southern District of Florida bench will wind up recusing themselves and a judge in another district will hear the case. On Dec. 28, the children of deceased Magistrate Judge Ted Klein filed a complaint in Miami federal court accusing the General Services Administration of failing to comply with a Freedom of Information Act request seeking information about the David Dyer Federal Courthouse.
U.S. District Judge Alan Gold in Miami has recused himself from a Freedom of Information case brought by the children of deceased magistrate judge Ted Klein against the General Services Administration. Gold's judicial assistant confirmed Monday that Gold has recused himself from the controversial case. Many are speculating that the entire Southern District of Florida bench will wind up recusing themselves and a judge in another district will hear the case. On Dec. 28, the children of deceased Magistrate Judge Ted Klein filed a complaint in Miami federal court accusing the General Services Administration of failing to comply with a Freedom of Information Act request seeking information about the David Dyer Federal Courthouse.
UPDATE -- This morning a judge from the Nothern District of Georgia has been assigned the case.
Wednesday, September 12, 2007
Sick (court)house
Julie Kay reports today on the serious mold problem at the David Dyer Building. The whole article is worth reading.
The intro:
Two studies performed at the historic David W. Dyer federal courthouse in downtown Miami show there are significant mold and air safety issues at one of Miami-Dade County’s oldest courthouses and suggest parts of the building are beyond repair.
The studies, which were obtained by the Daily Business Review, were commissioned by the U.S. District Court of the Southern District of Florida after U.S. Magistrate Judge Ted Klein became ill and died last year of a mysterious respiratory illness, and his fellow magistrate judges raised concerns about the building’s environment.
Employees believe that Judge Klein became sick and died because of the problem:
A healthy man who skied and jogged, Klein contracted a respiratory infection and died in September 2006. At the time, his family worried that something in the courthouse caused his illness. Shortly after Klein became ill, the court commissioned the first fungal contamination assessment, which was never made public. According to the report dated July 2006, “Magistrate Judge Theodore Klein has recently developed adverse health effects that could be attributed to exposure to molds. The assessment was performed to determine if fungal contamination was present in areas that he frequently occupies including his courtroom and his office areas.” The study showed fungal spores were present “in significant numbers” in samples. However, the study concluded these spores were not likely to cause health problems unless someone was in an immuno-compromised state. Still, the study recommended fungus on the plaster walls and courtroom wallpaper be removed. After Klein’s death, his courtroom was closed off and remains unused. His chambers are occupied by Magistrate Judge Edwin Torres, who recently transferred from Fort Lauderdale. “Why would they close off his courtroom if it’s not dangerous?” asked one employee who did not want to be identified. It is still not known what caused Klein’s illness because, in keeping with Jewish law, his body was not autopsied.
Chief Judge Moreno has taken steps to make sure employees are safe:
In an Aug. 27 memo, Chief Judge Federico A. Moreno said a new study is being commissioned by a company that performed mold remediation at the West Palm Beach federal courthouse. That courthouse, damaged by Hurricanes Jeanne and Frances, was closed for a year and a half while mold was removed.
“Our intention is to have the consultant review prior testing results, conduct additional on-site testing and then render conclusions about whether occupancy in limited areas of the building is likely to cause adverse health effects in occupants to a more serious degree than exposure to fungal levels,” Moreno said. “Please understand that I, who began his federal judicial service in the East Courtroom of the Old Courthouse, share your concern about your work environment in the Dyer Building.” Through a clerk, Moreno declined comment and said he preferred to let his memo speak for itself. In the memo, he encouraged any employees who have been in the “sealed document vault” — a basement area heavy with mold — to consult their doctors. Additionally, he mandated that no new sealed documents be taken to the basement, which is being “air-scrubbed,” and that anyone handling records coated with what appears to be mold use masks and gloves.
Read the whole memo from the Chief here.
The employees are understandably scared:
Klein is not the only federal employee in the building to fall sick. According to several courthouse sources, the law clerk for Magistrate Judge Barry L. Garber is very ill and has received permission to work at home. Garber declined to discuss the issue until the new study is completed. Another courtroom deputy who recently retired said she is very ill and recently had double pneumonia. “I’m scared to even go to my doctor to see what the heck is wrong,” she said. “They are keeping everything hush-hush,” said a judicial assistant who did not want to be identified. ”Everyone is scared. You don’t know how much your immune system can handle.” Another judicial assistant said she had no idea her chair was mold-infested until she saw a photo of it in the report, which labeled it “mold-infested.” She quickly found another chair in the office to use. Magistrate Judge Peter R. Palermo, who has worked in the Dyer Building for 37 years, is not sick but is concerned about his employees. “Who knows if there are health problems because of the mold,” he said. “We just want to know if it’s safe.” Palermo attended the Aug. 9 meeting held by representatives from Clerk of the Courts Clarence Maddox’s office to discuss the report. Neither Maddox nor Moreno or any other federal judge was present. However, Moreno has met with every employee to discuss the situation and is getting high marks for his concern. “He’s here in Miami and seems to care about us, whereas the previous chief judge was in Fort Lauderdale,” said one clerk.
Yikes.
Chief Judge Moreno is a people person and is a very practical judge -- he will do everything he can to fix this problem and make sure no one is subject to unhealthy conditions. I'm sure of that.
But I'm also sure that courthouse staff is wondering what the deal is with the brand new courthouse just sitting there. Why do they have to work in what they believe is an unsafe courthouse when a sparkling new one is built across the street. We need to sue those jokers who can't get the building ready to open. It's a bad joke already. The over/under is still January 1, 2008, but the smart money is on the over.
The intro:
Two studies performed at the historic David W. Dyer federal courthouse in downtown Miami show there are significant mold and air safety issues at one of Miami-Dade County’s oldest courthouses and suggest parts of the building are beyond repair.
The studies, which were obtained by the Daily Business Review, were commissioned by the U.S. District Court of the Southern District of Florida after U.S. Magistrate Judge Ted Klein became ill and died last year of a mysterious respiratory illness, and his fellow magistrate judges raised concerns about the building’s environment.
Employees believe that Judge Klein became sick and died because of the problem:
A healthy man who skied and jogged, Klein contracted a respiratory infection and died in September 2006. At the time, his family worried that something in the courthouse caused his illness. Shortly after Klein became ill, the court commissioned the first fungal contamination assessment, which was never made public. According to the report dated July 2006, “Magistrate Judge Theodore Klein has recently developed adverse health effects that could be attributed to exposure to molds. The assessment was performed to determine if fungal contamination was present in areas that he frequently occupies including his courtroom and his office areas.” The study showed fungal spores were present “in significant numbers” in samples. However, the study concluded these spores were not likely to cause health problems unless someone was in an immuno-compromised state. Still, the study recommended fungus on the plaster walls and courtroom wallpaper be removed. After Klein’s death, his courtroom was closed off and remains unused. His chambers are occupied by Magistrate Judge Edwin Torres, who recently transferred from Fort Lauderdale. “Why would they close off his courtroom if it’s not dangerous?” asked one employee who did not want to be identified. It is still not known what caused Klein’s illness because, in keeping with Jewish law, his body was not autopsied.
Chief Judge Moreno has taken steps to make sure employees are safe:
In an Aug. 27 memo, Chief Judge Federico A. Moreno said a new study is being commissioned by a company that performed mold remediation at the West Palm Beach federal courthouse. That courthouse, damaged by Hurricanes Jeanne and Frances, was closed for a year and a half while mold was removed.
“Our intention is to have the consultant review prior testing results, conduct additional on-site testing and then render conclusions about whether occupancy in limited areas of the building is likely to cause adverse health effects in occupants to a more serious degree than exposure to fungal levels,” Moreno said. “Please understand that I, who began his federal judicial service in the East Courtroom of the Old Courthouse, share your concern about your work environment in the Dyer Building.” Through a clerk, Moreno declined comment and said he preferred to let his memo speak for itself. In the memo, he encouraged any employees who have been in the “sealed document vault” — a basement area heavy with mold — to consult their doctors. Additionally, he mandated that no new sealed documents be taken to the basement, which is being “air-scrubbed,” and that anyone handling records coated with what appears to be mold use masks and gloves.
Read the whole memo from the Chief here.
The employees are understandably scared:
Klein is not the only federal employee in the building to fall sick. According to several courthouse sources, the law clerk for Magistrate Judge Barry L. Garber is very ill and has received permission to work at home. Garber declined to discuss the issue until the new study is completed. Another courtroom deputy who recently retired said she is very ill and recently had double pneumonia. “I’m scared to even go to my doctor to see what the heck is wrong,” she said. “They are keeping everything hush-hush,” said a judicial assistant who did not want to be identified. ”Everyone is scared. You don’t know how much your immune system can handle.” Another judicial assistant said she had no idea her chair was mold-infested until she saw a photo of it in the report, which labeled it “mold-infested.” She quickly found another chair in the office to use. Magistrate Judge Peter R. Palermo, who has worked in the Dyer Building for 37 years, is not sick but is concerned about his employees. “Who knows if there are health problems because of the mold,” he said. “We just want to know if it’s safe.” Palermo attended the Aug. 9 meeting held by representatives from Clerk of the Courts Clarence Maddox’s office to discuss the report. Neither Maddox nor Moreno or any other federal judge was present. However, Moreno has met with every employee to discuss the situation and is getting high marks for his concern. “He’s here in Miami and seems to care about us, whereas the previous chief judge was in Fort Lauderdale,” said one clerk.
Yikes.
Chief Judge Moreno is a people person and is a very practical judge -- he will do everything he can to fix this problem and make sure no one is subject to unhealthy conditions. I'm sure of that.
But I'm also sure that courthouse staff is wondering what the deal is with the brand new courthouse just sitting there. Why do they have to work in what they believe is an unsafe courthouse when a sparkling new one is built across the street. We need to sue those jokers who can't get the building ready to open. It's a bad joke already. The over/under is still January 1, 2008, but the smart money is on the over.
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