Federico A. Moreno
Encyclopedia
Federico A. Moreno is an American lawyer
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...

 and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

. He is the current chief judge of the United States District Court for the Southern District of Florida
United States District Court for the Southern District of Florida
The United States District Court for the Southern District of Florida is the federal United States district court with jurisdiction over the southern part of the state of Florida....

.

Early life and education

Moreno was born in Caracas
Caracas
Caracas , officially Santiago de León de Caracas, is the capital and largest city of Venezuela; natives or residents are known as Caraquenians in English . It is located in the northern part of the country, following the contours of the narrow Caracas Valley on the Venezuelan coastal mountain range...

, Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...

. He graduated from the University of Notre Dame
University of Notre Dame
The University of Notre Dame du Lac is a Catholic research university located in Notre Dame, an unincorporated community north of the city of South Bend, in St. Joseph County, Indiana, United States...

 with an Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 degree
Academic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...

 in 1974 and from the University of Miami School of Law
University of Miami School of Law
The University of Miami School of Law, founded in 1926, is the law school of the University of Miami, located in Coral Gables, Florida, in the United States. The school graduated its first class of 13 students in 1929.- Academics :...

 with a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

 in 1978. At the University of Miami Law School he met his wife of thirty-five years, Maria Cristina Morales. Morales is a prominent attorney in Miami. They have three children: Cristina (29), a prosecutor for the Department of Justice in Washington D.C.; Rick(26), an MBA student at the Wharton School of Business in Philadelphia; and Vicky-Lou(20), a college junior and starting quarterback of Welsh Family interhall football team at the University of Notre Dame.

Professional career

Moreno was in private practice
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...

 in Miami
Miami, Florida
Miami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625...

 from 1978 to 1979. He served as assistant federal public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...

 in the Office of the U.S. Public Defender from 1979 to 1981 before returning to private practice in Miami from 1982 to 1986. Moreno served as a judge on the Dade County Court from 1986 to 1987. He served as a judge on the 11th Judicial Circuit Court
Florida Circuit Courts
The Florida Circuit Courts are state courts. They are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution .The Circuit Courts primarily handle civil cases where...

 from 1987 to 1990.

Federal judicial service

Moreno was nominated by George H.W. Bush on June 5, 1990 to the United States District Court for the Southern District of Florida to the seat vacated by Alcee Hastings
Alcee Hastings
Alcee Lamar Hastings is the U.S. Representative for , serving since 1993. He is a member of the Democratic Party.-Early life, education and career:...

, who was impeached
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...

. Confirmed
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...

 by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 on July 13, 1990, he received commission
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...

 on July 16, 1990.

On the court Moreno has presided over several notable cases:
  • In early 2010, Moreno ruled that Danish citizen Camilla Broe should be released after determining that her case has expired. Broe is the first Danish citizen to be extradited to the United States. Moreno was very critical of the prosecution and of the Danish Government's handling of the case.
  • In 2006, Moreno ruled that the government should not have returned 15 Cuban
    Cuba
    The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...

     immigrants that were found "standing on the pilings of an abandoned bridge
    Bridge
    A bridge is a structure built to span physical obstacles such as a body of water, valley, or road, for the purpose of providing passage over the obstacle...

     in the Florida Keys
    Florida Keys
    The Florida Keys are a coral archipelago in southeast United States. They begin at the southeastern tip of the Florida peninsula, about south of Miami, and extend in a gentle arc south-southwest and then westward to Key West, the westernmost of the inhabited islands, and on to the uninhabited Dry...

    ." The federal government
    Federal government of the United States
    The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

     argued that the bridge "was rooted under water and was not United States territory" and thus the Wet Foot-Dry Foot Policy
    Wet feet, dry feet policy
    The wet foot, dry foot policy is the name given to a consequence of the 1995 revision of the Cuban Adjustment Act of 1966 that says, essentially, that anyone who fled Cuba and got into the United States would be allowed to pursue residency a year later...

     did not apply. Moreno ordered the government to make "best efforts to help the immigrants return to the United States."
  • In 2001, Moreno presided over the criminal trial of former Miami city manager
    City manager
    A city manager is an official appointed as the administrative manager of a city, in a council-manager form of city government. Local officials serving in this position are sometimes referred to as the chief executive officer or chief administrative officer in some municipalities...

     Donald Warshaw. Moreno sentenced Warshaw to a year in prison, fined him $30,000, and ordered him to pay $51,000 in restitution
    Restitution
    The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...

     after he was convicted of stealing $69,788 from a children's charity.
  • In 2000 the Judicial Panel on Multi-District Litigation
    Judicial Panel on Multidistrict Litigation
    The United States Judicial Panel on Multidistrict Litigation is a special body within the United States federal court system which manages multidistrict litigation. It was established by Congress in 1968 under 28 U.S.C...

     sent Moreno more than 50 lawsuits against various HMOs
    Health maintenance organization
    A health maintenance organization is an organization that provides managed care for health insurance contracts in the United States as a liaison with health care providers...

    . In 2002, Moreno "dismissed several charges against the nation's largest health insurance
    Health insurance
    Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is...

     companies, but he said plaintiffs could proceed with accusations that the insurers had violated federal fraud
    Fraud
    In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

     and pension
    Pension
    In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...

     laws." Moreno ruled that plaintiff
    Plaintiff
    A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

    s who were health plan subscribers could proceed with Racketeer Influenced and Corrupt Organizations Act
    Racketeer Influenced and Corrupt Organizations Act
    The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...

     fraud claims against Aetna
    Aetna
    Aetna, Inc. is an American health insurance company, providing a range of traditional and consumer directed health care insurance products and related services, including medical, pharmaceutical, dental, behavioral health, group life, long-term care, and disability plans, and medical management...

    , Cigna
    CIGNA
    Cigna , headquartered in Bloomfield, Connecticut, is a global health services company, owing to its expanding international footprint and the fact that it provides administrative services only to approximately 80 percent of its clients...

    , United Healthcare and Humana
    Humana
    Humana Inc. , founded in 1961 in Louisville, Kentucky, is a Fortune 100 company that markets and administers health insurance. With a customer base of over 11.5 million in the United States, the company is the largest Fortune 100 company headquartered in the Commonwealth of Kentucky, and has a...

    . In 2003, Moreno ruled in favor of 700,000 doctors and against HMOs
    Health maintenance organization
    A health maintenance organization is an organization that provides managed care for health insurance contracts in the United States as a liaison with health care providers...

     in a related case.


Moreno has served as Chief Judge on the court since 2007.

Failed nomination to the Eleventh Circuit

On March 9, 1992, President George H.W. Bush nominated Moreno to a seat on the U.S. Court of Appeals for the Eleventh Circuit, to replace Paul Roney, who had taken senior status. Bush's previous nominee for the seat, Kenneth Ryskamp, had been defeated by the U.S. Senate Judiciary Committee. However, the Democratic-controlled U.S. Senate Judiciary Committee did not take up Moreno's nomination before Bush's presidency ended, and President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 chose not to renominate Moreno to the seat after he took office. Ultimately, Clinton ended up appointing Rosemary Barkett
Rosemary Barkett
Rosemary Barkett is a federal judge on the United States Court of Appeals for the Eleventh Circuit. Prior to her nomination for that post, she was Chief Justice of the Florida Supreme Court, where she was the first woman ever to serve on that court.- Background :Barkett has had an unusual career...

to the seat to which Moreno had been nominated.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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