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

David O. Markus Elected King of Jamaica!

Posted on October 04, 2010
Well, not quite but pretty close:Famous legal trials have produced some unlikely partnerships: Clarence Darrow and John Scopes, Johnnie Cochran and O. J. Simpson.Add Buju Banton and David Oscar Markus to that mix.Hmm, I'm not sure which pairing is more intriguing -- Scopes, OJ, and Banton, or Darrow, Cochran and Markus? Actually, Darrow Cochran & Markus LLP -- that has a really nice ring to it!In other news, the NYT weighs in on the Supreme Court's preemption-heavy docket:In four cases, the court will address an obscure but significant debate on federal pre-emption of state law...

Judge King Holds Bank Arbitration Provision Unconscionable.

Posted on October 04, 2010
Judge King Arbitration Ruling It's been a while since I Scribd anything, and my trigger finger is getting itchy (that's what I'm calling it nowadays), so enjoy this order from Judge King in the checking overdraft MDL holding a bank arbitration provision unconscionable both procedurally and substantively...

The Heart-Pounding Excitement of Being A Civil Litigator!

Posted on October 02, 2010
A lot of people ask me what being a civil litigator is like.Do we "put criminals away"?Do we "free wrongly accused innocents"?Do we battle massive corporate wrongdoing in decisive courtroom confrontations, ala Erin Brockovich or A Civil Action?Well I happened upon the perfect quote that encapsulates the majesty, the wonder, the excitement, and the just-plain sheer awe of being a corporate litigator:"We went ahead and voluntarily produced documents that we thought were relevant,'' he said...

Bob Ratiner Suspended For 60 Days Over Deposition "Laptop Incident."

Posted on October 01, 2010
Please please please someone forward the three-minute video:Even though the suspension term imposed is not one that would require respondent to prove rehabilitation prior to reinstatement, we must emphasize that respondent?s behavior during the laptop incident was unacceptable and unbecoming of any member of the Bar, especially one who has been a practicing attorney for more than nineteen years...

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Mitch Widom, Plaintiff's Lawyer?

Posted on September 30, 2010
I meant to say Mitch Widom, Plaintiff's Lawyer!That's the takeaway for me from this Julie Kay article examining all the Florida lawyers who have applied for leadership roles in the BP Oil litigation:Grossman is seeking a position as co-lead counsel for the state of Florida with Widom...

First Rothstein Expos� Published!

Posted on September 30, 2010
It was only a matter of time before the first salacious, tell-all Scott Rothstein expos� came out, and here it is:You get a flavor of the Rothstein persona, the atmosphere of excess somehow hovering at the fringe of lawyerly respectability...

Judge Seitz Strikes Defendant's Pleadings And Other News.

Posted on September 29, 2010
Order Striking Pleadings Hi kids, I guess what I love best about South Florida is the lovely weather!Well, that and Glenn Garvin.And while we all know Garvin lives in the past, who knew it was way back in the 1930s:A packed courtroom watched as defense attorneys Bruce Lehr and Roberto Pertierra acted as Capone?s trusted two-man team, originally former Broward Circuit Judge Vincent C...

3d DCA Watch -- They Write Letters, Judicial Edition

Posted on September 29, 2010
Hi kids, the bunker is stirring because it's mail day, and the Resplendently Robed Ones have received written greetings and salutations from the Judicial Sultan who will soon preside over the alleged 1st DCA "Taj Mahal":Chief Justice Paul Hawkes of Florida?s 1st District Court of Appeals issued a seven-page letter Monday to newspaper editors around the state, responding to the flurry of criticism that has been leveled against the court?s new $48 million home in the state?s capital...

NYT Editorializes on 3d DCA Gay Adoption Ruling!

Posted on September 28, 2010
Citizens of Hootersville, that fancy-pants Fifth Avenue newspaper that Oliver reads has taken notice of Sam Drucker's weekly farm report, checkers tips, and wry, homespun judicial opinions: A state appeals court in Florida toppled a monument to bigotry last week, declaring unconstitutional a 33-year-old state law that prohibited gay people from adopting children...

George L. Metcalfe Has At Least One Big Supporter!

Posted on September 28, 2010
You know we love George L. Metcalfe in all his many forms, including his exciting entrance into politics.Now it looks like he is guaranteed at least one sure vote:Pseudo-conservativesOne look at Daniel Webster's website told me everything I need to know about who to vote for in the Congressional District 8 election...

BREAKING -- Buju Banton Mistrial!

Posted on September 27, 2010
Here it is kids: A Florida judge has declared a mistrial for the Jamaican reggae star Buju Banton, who was accused of conspiring to buy cocaine from an undercover police officer last year. U.S. District Judge James Moody declared a mistrial after the 12-person jury sent him a second note on Monday saying they couldn't reach a verdict...

Battle Over Timing of Foot-Tapping Lawyer Evidentiary Hearing Rages On!

Posted on September 27, 2010
Foot Tapping Reply First they came for the foot-tappers, and I did not speak out because I was not a foot-tapper...

Mykonos Owner Scores Big Defamation Verdict Against Maryland Paper!

Posted on September 25, 2010
We previously covered this case of alleged mistaken identity involving a Baltimore newspaper, a federal fugitive, and a different person with the same name who also happens to be the owner of Mykonos restaurant.Well apparently after having the case transferred from Judge Gold to Judge Motz(!) in Maryland, the newspaper was unable to make this case go away quietly and they actually tried this thing before a jury...

Friday Morning Buju Banton Update.

Posted on September 24, 2010
Hmm, the jury is still out for Buju Banton: "It's hard to say what is going on in there," Markus said in reference to the deliberations among the jurors. "We just have to stay optimistic."So true.I liked this part: In the meantime, Banton's supporters at the court late yesterday afternoon called on fans worldwide to pray that the jurors would return a not guilty verdict...

SFL Friday -- Put a Fork In Me, I'm Done.

Posted on September 24, 2010
Actually had to spend the whole day working, but I promise to catch you all up tomorrow in a special Saturday edition of this here crappy blog thingy we call home.Thanks for all the tips and links. Have a great weekend!

Victor Diaz Is A "Disgruntled Taxpayer" And Other News.

Posted on September 23, 2010
Victor Diaz is many things.Bright, handsome, impeccably groomed -- sure.Hail of a trial lawyer -- of course.Now add one I haven't heard before:"I point out as a disgruntled taxpayer . . . the taxpayers will pay for the write off of those loans through the TARP process,'' Diaz said, referring to a federal bailout of major banks in 2008...

"Future Generations Will Honor You For That."

Posted on September 23, 2010
I'm feeling a bit sappy this morning.I'm proud of the 3d DCA for ruling correctly and quite reasonably yesterday.In a well-written decision, the boys in the bunker have dramatically improved the lives of Florida children and future parents for generations to come -- in innumerable, unknowable ways...

We Recommend........Nothing.

Posted on September 22, 2010
2010 Civil Rules Report That seems to be the net result of the Judicial Conference Advisory Committee on Civil Rules and the Committee on Rules of Practice and Procedure ? a select group of hipster federal judges, various wonky academics, practitioners with time on their hands, and business groups ? which held a swanky conference last Spring to debate proposed changes to the Federal Rules of Civil Procedure...

BREAKING -- 3d DCA Affirms Judge Lederman on Gay Adoption!

Posted on September 22, 2010
Thought you all would like to see this asap, since we've been waiting about 30 or so years for it.The Court found no rational basis to deprive homosexuals -- categorically -- of the right to adopt, and found the good Doctor Rekers to be the outlier goofball everyone already assumes him to be...

Parsing the Shaquille O' Neal Hacking Lawsuit.

Posted on September 21, 2010
Have you looked at this facata lawsuit filed in circuit court against Shaquille O'Neal?I don't know "aggressive criminal defense lawyer" Menachem M. Mayberg, but he's got an uphill battle in front of him to establish a Florida RICO count based on those allegations...

Judge Shepherd Brings Rationality and Proportion to Iqbal Debate!

Posted on September 21, 2010
Dedicated readers have long known I have a "flatbread/hatebread" relationship with Iqbal, which in my mind upset decades of perfectly good precedent, notice pleading, Conley, you know all that stuff you learned in civ pro, and substituted an amorphous, heavily discretionary "roll the dice" element to 12(b) motion practice...

Pro Hac Admission Throw Down!

Posted on September 21, 2010
Order on Pro Hac Ever get so pissed off over how big a jerk your opponent is being that you feel like moving to pull her pro hac?I've researched this a few times but never actually pulled the trigger...

Five Neat Guys Reunite!

Posted on September 20, 2010
If you watched SCTV back in the day, you may recall their classic skit "Five Neat Guys."Well, I'm happy to see the boys reunite (possibly in Scotland I can't quite tell).Well done, fellas!

Buju Banton Trial Day!

Posted on September 20, 2010
Buju Jury Instructions Our friendly neighborhood federal blogger goes to trial this morning in Tampa on behalf of Jamaican reggae artist Buju Banton...

They Write Letters, Old Judges Edition.

Posted on September 17, 2010
What do cranky retired federal judges do for fun?They write letters denouncing the judicial appointment crisis, of course:But the use of secret holds and filibusters undermine the credibility of the judiciary and, by contributing to lengthy vacancies on the courts, impede the courts? ability to ensure that cases can be heard and adjudicated in a timely fashion...

SFL Friday -- What Could Possibly Go Wrong?

Posted on September 17, 2010
In two significant opinions, the 11th Circuit has affirmed Judges Seitz and Ungaro in cases brought by the Miccosukee Indians to stop the construction of a bridge to replace a portion of Tamiami Trail ostensibly to increase water flow to the dying River of Grass...

Are You Experienced?

Posted on September 17, 2010
RIP Jimi.

Shekels, Schmekels, and Rush Limbaugh?

Posted on September 16, 2010
"Who died and made Spencer Aronfeld King Dick of Wang Mountain"?That's ATL on the case of the accidentally circumcised penis, prominently featured in the Herald today.I love the pic of Spencer holding the little tyke, though I preferred the outtake where Spence is actually breastfeeding the kid...

New Motion To Recuse Judge Olson And Motion to Disqualify Ruden Filed.

Posted on September 16, 2010
The defendants who sought to recuse Bankruptcy Judge Olson have filed a second motion to recuse. They have also moved to disqualify Ruden McClosky and are seeking discovery on the circumstances of the judge's fianc�/spouse moving from Orlando to South Florida to go live with the Judge...

3d DCA Watch -- And Hijinks Ensued!

Posted on September 15, 2010
The sun is shining, the coffee is swilling, the robes are a-wearing, and the opinions are as fresh as a nice sliced tongue on rye, so let's dig right in to this week's 3d DCA Watch:Ruscalleda v. HSBC Bank:How cute -- two banks foreclosing on the very same mortgage!This is like that episode from Three's Company where Jack has to entertain two dates at the very same time, all at the Regal Beagle:After filing their pro se answer and affirmative defenses, the defendants retained counsel...

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