After "disappointing" $58 Million verdict, disgruntled Defendant, Omar Romay Issues Press Release Unfairly Claiming Judge Monica Gordo Prevented Expert Witness Testimony and Refusing to Allow Cameras in the Courtroom

Nov 04, 2015, 20:30 ET from Marcell Felipe Attorneys

MIAMI, Nov. 4, 2015 /PRNewswire/ -- After a jury awarded Caribevision Holdings, Inc., a $58 Million unanimous verdict against America TV, its founder Omar Romay, and other Romay-controlled entities, the latter, who described the verdict as "disappointing" has blasted the presiding Judge because according to Romay, the Judge's "prevented an America Teve Network's expert witness from explaining the monumental damage suffered by the company," and indicated the jury were "common people" who could not understand, and the judge lacked experience.   Mr. Romay's press release accused the judge of "seizing" Romay's cameras.

Court transcripts, however, show that the Honorable Monica Gordo, of the 11th Circuit Court in and for Miami Dade County provided Mr. Romay's legal team almost twice as much time as the Plaintiff's in their examination of witnesses, and did in fact present its expert witness.  In fact, Mr. Romay's defense counsel rested their case on Wednesday, even when the Court had given the parties until Friday night to finish their respective cases.  Moreover, to give both sides ample time to prepare, the Court ordered the trial to start at 8am each morning and continuing until 8pm each night for about two and half weeks.  

When asked, Caribevision's corporate counsel, Marcell Felipe said that Judge Gordo's work ethic was impressive: "I've never seen a judge with such work ethic and uncompromising dedication to her profession," said Felipe.  "At one point, after the jury was retired for the evening, she asked the attorneys to draft competing motions for her review--that night--and then come back at 7 am in the morning for oral arguments before the Jury reconvenes, and she would in fact read each motion, as evident from her questioning of the issues; I've never seen a judge run such a tight ship, she is definitely earning her place as one of the most respected, tough judges on the bench here in Florida." 

As to Romay's claims that the Court ordered the cameras to be seized, the Motion filed by Plaintiff's counsel in the case indicates that the recordings were being carried out by the Receivership's camera man, without the receiver's authority, and was not being used for any news purpose, leading the Court to enter an Order, preserving all such tapes.   Upon the Receiver's order to remove the camera, Mr. Romay hired a new cameraman, who was welcomed by Judge Gordo. 

"I understand that after such a loss, Mr. Romay will be upset, but it is not appropriate to take his frustrations out on the Judge or on the Jury, or even his lawyers, all of whom did their job well," said Felipe.  Mr. Romay is currently facing contempt charges, following a report by the Court appointed receiver showing he had hacked the receiver's computers and the computers of the opposing party.

The $58 Million verdict stems from the Joint Venture created in 2010, by Caribevision which contributed six TV stations in New York, Miami and Puerto Rico, and Romay who contributed one TV station in Miami, to form a 50/50 Joint Venture company, to be led by Romay as CEO.  Soon after the Joint Venture started, Romay began to take a series of actions designed to dilute the percentage interests of Caribevision to approximately 20% and take control of the Board of Directors, prompting Caribevision to file suit for failing to act with good faith and fair dealing towards his Partners, breach of contract, and shareholder oppression.  The Jury entered a verdict for Caribevision in the amount of $58 million.  The Court also granted, Caribevision's request to dissolve the Joint Venture between it and America TV in 2010, paving the way for Caribevision to assume full control of the Joint Venture's seven TV stations, which include Miami's Channel 41 and 48 as well as stations in New York and Puerto Rico.

Caribevision is led by industry leaders, including its CEO, Carlos Vasallo, who also owns movie channels, Cine Estelar and Cine Nostalgia, and the leading portfolio of Spanish-language movies.  Its principal investors include Alejandro Burillo Azcarraga who is the former President of Televisa and owner of the Mexican conglomerate Grupo Pegaso, Emilio Braun Burillo, owner of Grupo Brabur and several Miami-based funds, and Telecinco, one of Spain's leading TV networks, which is owned in part by a group led by former Italian Primer Minister, Silvio Berlusconi

Case information, including the verdict form, can be obtained and viewed online from the Miami Dade County Clerk of Courts.

Local Case Number: 2011-025608-CA-01  
Filing Date: 08/15/2011  
State Case Number: 132011CA025608000001  
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Contact: Marcell Felipe

Phone 305-381-8500,
Fax 305-381-6225




SOURCE Marcell Felipe Attorneys