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South Florida Lawyers South Florida Lawyers

Devoted to the lawyers of South Florida, their goings and doings, their peculiarities and personalities, all done with humor, love, jealousy, snark and just a little bit of class.

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Last Entry: April 01, 2011 at 15:17:00

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Exodus Continues at Yoss.

Posted on January 25, 2011
The slow yet steady drumbeat of departures continues at Adorno & Yoss, according to the ever intrepid Julie Kay:Neil Linden, head of business litigation at Yoss LLP, is moving to GrayRobinson's Miami office and bringing two lawyers with him.The nine-year veteran of Yoss, formerly Adorno & Yoss, is leaving with shareholder Phillippe Deve and associate David Levin on an undetermined date...


Shorter Gene Stearns: It's All Judge Ungaro's Fault.

Posted on January 25, 2011
I understand there may be a certain amount of settlement posturing to all this, but is Gene going overboard with his very public and very direct "Judge Ungaro screwed up" approach to appealing the BankAtlantic securities verdict?I mean, this is a guy who already said it was the worst-tried case he's ever seen in his life, and that includes every episode of Judge Judy plus that old Boston judge from The Verdict (ok, I added the last part)...


11th Circuit Rules Against "Peek-a-Boo" Lounge!

Posted on January 24, 2011
The 11th Circuit, with Judge Cooke sitting by designation, has ruled against a Bradenton strip club, the "Peek-a-Boo" lounge, which had challenged a ridiculous ordinance designed to take all the fun out of life:The ordinance allows employees of sexually oriented businesses to appear ?semi-nude,? id...


Disabled Attorneys Can't Get Into WPB Federal Courthouse.

Posted on January 24, 2011
Aren't the judges supposed to be enforcing the ADA, not possibly violating it:Having spent 35 of his 59 years in a wheelchair, Boca Raton attorney Bob Pearce knows the needs of the disabled are often ignored. But he didn't expect to have his rights violated at the federal courthouse...


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The World Is Ending Soon, Part MDCCCCLXXXXVIIII.

Posted on January 21, 2011
So apparently the other day a "Fountain Girl" fell into a mall fountain while texting, and over two million people thought this was an important event worthy of their valuable time, attention and fulsome mockery.Enter her attorney James M. Polyak, who says he is conducting an investigation and considering a lawsuit:"We are troubled by the fact that anyone at the Berkshire Mall responsible for releasing this video would find humor in an employee injured on the premises," Polyak said...


Strategic "Shotgun Pleading" Defense Tragically Misfires.

Posted on January 21, 2011
I always say file a motion that won't be a complete and utter waste of time for everyone involved.That's sort of a baseline rule of thumb that we like to practice by here in SFL land.Well, take a gander at this Order from Judge Marra and judge for yourself if the baseline was hit in this case:Defendants Planet Kids, Inc...


SFL Friday -- Swallow That Tear for the Miami City Club.

Posted on January 21, 2011
Say what you will, but I personally will miss the passing of the Miami City Club:One of the last vestiges of the old Downtown Miami social scene is coming to an end. The Miami City Club in the Wachovia Financial Center is closing Friday and will be converted into office space...


I Get Paid By the Exclamation Point!

Posted on January 21, 2011
Well, I'm sure sometimes it must seem that way.But they certainly have their uses.For example, here's an excerpt from a sanctions order in a case that, if you read this blog, you may have heard me mention once or twice.....What that response does not address, however, is that plaintiffs, themselves, reinforced that understanding...


Do Any Tenured Florida Law Professors Think the Health Care Law is Constitutional?

Posted on January 20, 2011
I was interested to read this statement by over hundred law professors from around the country regarding the constitutionality of the Affordable Care Act:Given that the minimum coverage provision bears a close and substantial relationship to the regulation of the interstate healthcare market, Congress can require minimum coverage pursuant to the Constitution?s Necessary and Proper Clause...


This Time Judge Carnes Cites An Old Opera!

Posted on January 20, 2011
Listen, anyone who reads this thing knows I'm all for historical references, pop cultural references, musical references, literary references, you name it.And so is Judge Carnes! But I think at this point Judge Carnes is just playing with us.Get a load of this opening in an interesting opinion dealing with the Florida Bar's certification process:This case reminds us of the observation of the Grand Inquisitor in Gilbert and Sullivan?s The Gondoliers...


3d DCA Watch -- Same As It Ever Was (Apodictic).

Posted on January 19, 2011
Hi kids, it's a New Year, a fresh start, so let's swill the lukewarm coffee and see what turns up (besides week-old coffee grinds):Parc Central v. Victoria Group:Hmm, it's Judge Shepherd, I'm guessing he made one big resolution for 2011:It is apodictic that the fundamental purpose of Chapter 713 of the Florida Statutes, commonly known as this state?s ?Mechanics? Lien Statute? or by its short title, the ?Construction Lien Law,? is ?to protect those who have provided labor and materials for the improvement of real property...


New Trial Motion Filed in Luke Campbell Case!

Posted on January 19, 2011
Alternative basis for motion -- Campbell's attorney Richard "Elusive Butterfly" Brodsky moved around too much during trial (seriously): By way of example, during examination of one witness, counsel for Defendant stood up and walked around the courtroom and toward the jury looking for some item, interrupting the testimony being presented, until he was directed to return to his seat by the Court...


Chief Justice: All Courthouses Should Look Exactly Like the 3d DCA!

Posted on January 18, 2011
In a bold rejection of the much-derided, lavish "Taj Mahal" courthouse built for the fancy-pants judges up at the 1st DCA, Chief Justice Canady has issued an edict from on high -- from now on, every courthouse should be just like our weathered, treasured, workmanlike Justice Bunker?:"The construction of a courthouse is a long-term investment in a building where important public business is done...


"Him Blacker Than Me and You."

Posted on January 18, 2011
Who could that be referring to, you might wonder?Who else -- my pal and highly skilled defense attorney David O. Markus.Check David out on stage at Bayfront Park Sunday as he appears to be jamming with client Buju Banton: The Jamaica Observer, doing exemplary work on the Buju trial/retrial as per usual, has the details:Banton's knock out punch was when he called his attorney David Oscar Markus on stage and thanked him for his efforts in defending him against his accusers...


Shortening Law Firm Names -- the Good, the Bad, the Ugly (aka GBU LLP)

Posted on January 17, 2011
I love this consultant-driven trend to shorten law firm names -- you now have venerable institutions with long distinguished histories shortened down to within an inch of their professional lives -- Akerman, Ruden, Gunster etc.Indeed, if you add an exclamation point you'd have a nice title for a Broadway play -- Akerman! starring Nathan Lane, previews start March 1...


Parsing the JFK Digital Archive.

Posted on January 14, 2011
Have any of you guys had a chance to go through the new JFK digital archive, fully text-searchable and available here?It's actually pretty neat.After the usual searches I'm sure everyone has already done (Inga Arvad, Hitler, Bo Derek) I came across an interesting conversation between legendary Miami News editor Bill Baggs and JFK, in which Bill is doing a hard-sell to the President on the doomed Interama Project, which was supposed to be built over where FIU North is today...


South Florida Tea Partiers -- We're All Mischpocha Now.

Posted on January 14, 2011
After all that tsurris and farmisht and the fartust and with all the khazers and then the whole megilla, the feuding South Florida tea partiers are sitting down to a nice flanken, legally speaking of course.Ok, even I'm not sure what any of that means, but they appear to have possibly settled their differences or at a minimum abandoned their lawsuit before Judge Marra...


SFL Friday -- Judge Huck Rules Against WSVN Over Nielson Methodology Change.

Posted on January 14, 2011
It's Friday and a three day weekend honoring that warmonger Martin Luther King, so perhaps it's fitting that Judge Huck has ruled today on a very interesting antitrust case involving whether Nielson properly captures minority and/or poor viewership (don't tell anyone, but I hear there's a lot of overlap)...


Charlie Crist Gets A New Job!

Posted on January 13, 2011
The tan one is taking a job at Morgan & Morgan, that big time PI firm upstate: Former Florida Gov. Charlie Crist has joined Morgan & Morgan. While serving in office, Crist was often referred to as ?the People?s Governor.? His dedication and commitment to the people of Florida will remain the same as he works with the firm?s mass tort and class action department, fighting ?for the people...


3d DCA Watch -- On the Road Again.

Posted on January 12, 2011
 It's pretty exciting that the 3d DCA is taking their act on the road, in concert for a special one-night-only performance at UM's beautiful Storer Auditorium.The 3d even provided a nice map with the building clearly identified with a big orange arrow...


Gabriel Jose Carrera Really Identifies With Sarah Palin. No, Really.

Posted on January 12, 2011
Bob Norman checks in with Fort Lauderdale immigration attorney and local Tea Party leader Gabriel Jose Carrera, who likes that Mama Grizzly? Sarah Palin just a teensy teensy bit -- ok, a whole lot:Carrera is a big fan of right-wing pundits and radio talkers, with his favorites being Glenn Beck, Michael Savage, and Rush Limbaugh, in that order...


Postcard From the Extremely Obvious Files

Posted on January 11, 2011
?When the consequence of a lawyer plying his trade is the loss of someone?s home, and it turns out there are documents being given to the courts that have no basis in reality, the profession gets a very big black eye.?Today's installment is brought to you by Professor Gillers, in a NYT front-pager about how judges are now requiring foreclosure attorneys to actually vouch(!) for the filings they make.


Chartwell Law Offices To Storm Miami's Beaches!

Posted on January 11, 2011
I've never heard of the The Chartwell Law Offices, which appear to be based in Pennsylvania, but their hearts and minds are very much in foggy England, with a craggy old cigar chomper who once saved the British Empire: ?Integrity?, ?determination?, ?intelligence? and ?eloquence? are the words that usually come to mind when ones recalls the life of the man who once said of his home in Kent, England ? A day away from Chartwell is a day wasted?...


A Law Clerk Remembers Chief Judge John Roll

Posted on January 11, 2011
Some beautiful reflections here by former clerk Matt Bowman: It?s hard to describe the virtues of Chief Judge John Roll without making him sound too good to be true. I think that?s because he really was as good as all of us wish we could be, but know we so often aren?t...


Magistrate Judge Brown Denies "Extension of Mercy" For Lack of "Extremely Good Cause."

Posted on January 10, 2011
Extremely Good Cause Order                                                             Hey, I just report this stuff, but that  "holiday somnambulance" a/ka/ "extension of mercy" motion has been denied for lack of "extremely good cause...


RIP Chief Judge John Roll

Posted on January 10, 2011
District of Arizona Chief Judge John Roll was among the victims of the horrific Arizona shootings over the weekend.I'm saddened and depressed over all the lives lost in this senseless tragedy.The motives behind the shooting are not yet known, though some cautionary lessons are starting to emerge...


Young Vic Diaz To Start Own Law Firm!

Posted on January 10, 2011
We're really happy for him:Attorney Victor M. Diaz Jr., a partner at Podhurst Orseck, is leaving the firm for a Miami Beach startup with three other lawyers from the firm.Diaz has spent his whole law career at the Miami-based plaintiff-and-appellate law firm since graduating from Yale Law School in 1985...


We're Number One!

Posted on January 07, 2011
At mortgage fraud.You didn't think I would say education, arts, charity, or civic responsibility did you? Jonathan Heller says this is good for business not surprising:Jonathan Heller, a Miami defense lawyer defending a client who he believes was a victim of mortgage fraud, said he is not surprised by South Florida's ranking...


SFL Friday -- The Economic Loss Rule Is Officially Dead.

Posted on January 07, 2011
Well, I should say, it's on life support.Kids, there once was a time when the economic loss rule was everywhere and applied, or sometimes applied, or was argued to apply, to just about everything.Quick example -- the Rabbi at my wedding actually pontificated on its applicability while we were signing the Ketubah...


Kathleen Williams Renominated to Fill Judge Hurley's Seat.

Posted on January 06, 2011
 Yawn -- the judicial appointment crisis continues as Obama renominates 40 plus judicial candidates, including our own federal public defender Kathleen Williams (originally nominated back in July):The Obama administration sent the dozens of nominations -- 23 of which an official categorized as "emergency" nominees -- back to the Senate, where they will be considered anew by the Judiciary Committee...


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