Florida

Yale Galanter Takes the Stand!

Posted on May 17, 2013
Yale takes the hotseat in the OJ ineffective assistance proceedings out in NV:Galanter, a veteran Florida criminal defense lawyer, is a key state?s witness in a hearing that, since Monday, has revolved around his promises, payments and performance in the 2008 trial that sent the 65-year-old former football hero to prison for nine to 33 years for armed robbery and kidnapping...

Ha Ha You Can't Remove Me Because I Didn't Say Anything About Citizenship!

Posted on May 16, 2013
Oh darn!Judge Marra is on to this:The Court notes that Smyth does not address the issue of whether she is a Florida citizen; rather, Smyth merely rests on the proposition that Hillstone cannot demonstrate diversity at both the time the complaint was filed and the time the notice of removal was filed because she only alleged her residency in the complaint...

3d DCA Watch -- Throwback Wednesday?

Posted on May 15, 2013
I think the bunker got a little nostalgic today -- consider these moldy golden oldies unearthed by the RRO* this week:Marder v. Moscoco:This case is actually about a charging lien filed by Ruden McClosky!What's next -- an application for fees by Fine Jacobson? Miccosukee Tribe v...

Judge Moreno Says Lawsuit Against Usher Can Proceed!

Posted on May 14, 2013
 Judge Moreno has denied a motion to dismiss on this interesting claim:Davis now alleges that Khaled delivered a copy of "Let's Go'' to Jackson and Harr thus giving them access to "5-15-09.'' Moreover, Davis claims that the Court can infer Defendants' access to "5-15-09'' from the extensive play of "Let's Go'' on 99 Jamz as well as the song's popularity in Miami nightclubs...

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Steve Zack Is Now an Honorary Gamecock!

Posted on May 13, 2013
Steve gave some genuinely inspiring words to the 2013 University of South Carolina School of Law commencement class:?A good lawyer will make a living. A great lawyer will make a difference,? Zack said. ?Your law degree means that you have the ability to right a wrong wherever you find it...

Welcome Jones Day Miami!

Posted on May 10, 2013
Almost as eagerly anticipated as the return of the McRib sandwich, the Borg has landed, with Pedro A. Jimenez as Partner-in-Charge, and Enrique "Rick" Martin as the Administrative Partner.Ok, it's already overloaded at the management level.(Just kidding!)(You'll get used to it...

What Happens When A Disbarred Lawyer Continues to Practice Law?

Posted on May 09, 2013
He goes to jail:Accordingly, we approve the referee?s findings of fact, recommendations of guilt, and recommended sanctions as set forth in the report of the referee. Robert V. Palmer is sentenced to sixty (60) days in jail. Palmer shall surrender to the Duval County Sheriff within five (5) days after service of this order on Palmer...

John Morgan Wants the Jags to Hire Tim Tebow!

Posted on May 08, 2013
What better way to spend your hard-earned money than to take ads calling on your favorite football team to hire The Tebow:Orlando-based lawyer John Morgan has developed an ad aimed at cajoling Jaguars owner Shahid Khan into signing Tebow.The spot has been posted by the Orlando Sentinel...

3d DCA Watch -- Dear Trial Judge, Would It Kill You to Add Some Findings?

Posted on May 08, 2013
Ok, let's get the important stuff out of the way -- Happy Jerusalem Day!In other news, the bunker issued an interesting opinion on the production of trade secrets.Here's a summary:  "next time, add some findings."We therefore grant Cooper?s petition for writ of certiorari and quash the order below...

Former UM Coach Frank Haith Files Rule 27 Petition in SD FL!

Posted on May 07, 2013
Former UM Coach Frank Haith has filed a Rule 27 petition before Judge Rosenbaum seeking information on how his bank records wound up in the NCAA's botched Nevin Shapiro investigation:Haith's lawyer, Michael Buckner, is trying to determine whether information from canceled checks in the coach's account were improperly -- and possibly illegally -- obtained...

Chris Carver Represents Maximum Human Performance!

Posted on May 06, 2013
  Well, he represented Maximum Human Performance.Now Scott Cosgrove does.(I've always wanted to write that headline.)

11th Circuit: Surprise -- Another Florida Law is Unconstitutional!

Posted on May 06, 2013
No, it's not the anti-Sharia "foreign" law (yet), this time it is about foreign law -- namely Cuba:After careful review, we conclude that Odebrecht has demonstrated a substantial likelihood of success on its claim that the Cuba Amendment violates the Supremacy Clause of the Constitution under principles of conflict preemption...

If You Can't Explain Your In Limine Motion Simply, It is Not Likely to Be Granted.

Posted on May 03, 2013
Here's an interesting standard Judge King lays out for an in limine motion -- if you can't explain it simply to the Court pretrial, it's not something the Court should be ruling on pretrial:In limine consideration of arguments and evidence relating to the Defendants' "strategic planning and strategic planning documents'' is equally misplaced...

SFL Friday -- What the World Needs Now.....

Posted on May 03, 2013
Have a great weekend, plebes!

3d DCA Watch -- This Post Has Been Pre-Approved!

Posted on May 02, 2013
Sorry for the delay, but I recently took advantage of the bunker's new "pre-clearance" publication policy, which allows comments on opinions to be pre-approved and thus cleared for publication with the following snazzy and official-looking 3d DCA seal of approval:So I just got this from the 3d DCA blogger pre-approval press office (it takes a few days), let me know what you think!Citizens Prop...

Last Call !

Posted on May 01, 2013
Pacenti reports a "frenzy" of litigants filing more than 40 lawsuits in the Southern District of Florida alone against BP to beat the expiration of the 3 year statute of limitations for damage blamed on the 2010 Deepwater Horizon oil spill. Read his article here...

Why is This Attorney Club Different From All Other Attorney Clubs?

Posted on April 30, 2013
  Hmm, let's see -- everyone gathered around a table, there is food, wine and presentations -- is it Pesach all over again?(What can I say --this stuff is like catnip).

Anyone Remember Mike Grieco?

Posted on April 29, 2013
  Thanks to a tipster, I was thrilled to learn that Mike Grieco will be our next Miami Beach commissioner!After graduating UM law school in 1999, Michael started his legal career as a Miami-Dade Assistant State Attorney. As a prosecutor he learned about not only the rule of law, but its application throughout the county...

SFL Friday -- The Weather in My Head!

Posted on April 26, 2013
They may fixThe weather in the worldJust like Mr. Gore saidBut tell me what's to be doneLord - 'bout the weather in my headWell it's that time of the week, let's see what is rattling around in the ole' noggin:1.  The Rule of Law -- it's a bi$%h:Tsarnaev is facing the death penalty...

Are You Ready for the Corporate Run?

Posted on April 25, 2013
I actually don't run anymore -- I just go from BigFirm tent to BigFirm tent, enjoying the free coconut water, snacking on granola bars, bananas, muffins, paella etc. until I am completely satiated.Then I move on to Gin Gibsons at the Bankers' Club.Now that's what I call a healthy lifestyle!Share with us your most ridiculous corporate run story -- it's ok, no one is working today anyway.

3d DCA Watch -- You Got a Good Case Except "There Is Not a Semblance of Evidence of Negligence"!

Posted on April 24, 2013
Hi there kiddies, don't come a knockin' when the bunker is a rockin':Moriarty v. Murtan:Should judges enter orders verbatim when you submit to them your very fair, generous-to-the-other-side, and completely balanced work product?The 3d gives crystal clear, unambiguous instruction: We note that the trial court entered Moriarity?s proposed ten-page order verbatim...

It's National Poetry Month!

Posted on April 23, 2013
  I'm sure all of you are acutely aware that April is National Poetry Month.In honor of this fundraiser tomorrow for Judge Abby Cynamon hosted by Alan Kluger and other legal luminaries-- which all of you should attend and support -- I have written this little ode:Whenever I dine with The KlugerThe caviar, it's always BelugaThe stylish cowboy bootiesAre just like you see in the moviesHe's larger than lifeHe's got a great wifeHe's also got really nice suitiesHappy Tuesday!

"Me Llamo Spencer Aronfeld...."

Posted on April 22, 2013
"Y tengo una barba de chivo super cool!!"

RIP Chrissy Amphlett

Posted on April 22, 2013
Chrissy Amphlett, the lead singer of the Australian rock band Divinyls whose hit "I Touch Myself" brought her international fame in the early 1990s, died at her home in New York City on Sunday. She was 53 years old."Christine Joy Amphlett succumbed to the effects of breast cancer and multiple sclerosis, diseases she vigorously fought with exceptional bravery and dignity," her musician husband Charley Drayton said in a statement...

Bruce Rogow to Save Senior Arcade Industry?

Posted on April 19, 2013
Everyone has to have their causes, and Bruce's new clients believe he has found one:Most venues have closed their doors, but Gale Fontaine, president of the Florida Arcade and Bingo Association, hired attorney Bruce Rogow of Fort Lauderdale to challenge the law...

Economic Loss Rule -- When It All Comes Down!

Posted on April 18, 2013
The Florida Supreme Court's recent decision to abrogate the economic loss rule (except in product liability cases) has started to work its way into the case law, including this new 11th Circuit opinion:The Supreme Court of Florida answered its question in the negative and held that the application of the economic loss rule was limited to products liability cases...

Bar Files 17 Count Complaint Against David Stern

Posted on April 18, 2013
You can read it here.Some times you're up, sometimes you're down.

"Take a Deep Breath. Tell Me What the Issue Is."

Posted on April 17, 2013
It seems premature to write too much about the Lewis Tein state court hearing as it is still ongoing and Calli has yet to present his case, but here's what has been reported so far:Jay Weaver reports on Mike Tein's testimony:At Tuesday?s hearing, the judge asked Tein how he could ?account? for his former clients? testimony the day before that they didn?t ?remember any of those conversations? about legal bills with him...

3d DCA Watch -- It's Equitable Estoppel Time, Khaleesi!

Posted on April 17, 2013
The bunker denizens have spoken thusly, and their words shall emanate widely unto the Kingdom of Winterfell South Florida:Rubio v. Archdiocese:Judge Logue holds that equitable estoppel does not overcome the statute of limitations in an alleged priest sexual abuse case:We conclude that equitable estoppel does not apply in this case because Rubio has not alleged any facts indicating the Archdiocese caused or induced him to refrain from filing suit within the limitations period...

Lake Worth Attorney Gone Walkabout?

Posted on April 16, 2013
  He took only khaki shorts, a sleeping bag, a lantern -- oh yeah, and possibly $6 million in client funds:McCabe?s Lake Worth firm, which does foreclosure defense and other real estate-related work, is also allegedly missing millions of dollars from client escrow accounts and company coffers...

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