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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.
Post Frequency: 15.3/day Last Entry: April 01, 2011 at 15:17:00 Recent Entries: 1607
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Special 1st DCA Watch -- WTF??
Posted on March 03, 2010I just had a chance to review this fresh 1st DCA opinion on whether the PSC was correct to order the public dissemination of top FPL executive salary information (compensation over $165k).The PSC determined they could release the salary info because it was specifically exempted from the definition of "proprietary confidential business information" in Section 366...
3d DCA Watch -- 1995 Flashback Edition!
Posted on March 03, 2010Hi kids, it's cold and I'm working too hard.In other news, the bunker is insulated, the coffee warmed to optimum swilling temperature, the robes all have plug-in electric heaters, and the opinions are all just so darn cute and snuggly!Avila v. Miami-Dade County:Judge Shepherd has three words for you -- en haec verba!!(No, I don't understand what it means either...
First, Let's Kill All the Lawyers!
Posted on March 03, 2010Courtesy of Liz Cheney and Bill Kristol comes one of the lamest examples of anti-lawyer agitprop we've come across in some time.It's not a big mystery anyways -- I'm pretty sure the "Al Qaeda Seven" was the house band in the Napoleon Ballroom at the old Deauville back in the day.
"Why Can't You Carry A Gun Into a Federal Building"?
Posted on March 02, 2010That's just one provocative question raised by Nina Totenberg on NPR this morning, as she previews arguments in the Chicago handgun case to be heard by The Supremes today:The odds are that gun advocates will win this case. The Supreme Court's groundbreaking 2008 decision was by a 5-4 vote, with conservatives in the majority...
They're Only Allegations!
Posted on March 02, 2010Anyone remember that time during the 2003 FTAA meeting in Miami when Police Chief John Timoney got in an elevator and Ice T started rapping "ca-ca-ca-colors" and then Sean Penn busted some protestor's head?Ok, maybe I got things a little confused, but the 11th Circuit just sustained for the most part Judge Martinez' denial of qualified immunity as to the protestors' First Amendment claims, at least at the motion to dismiss stage...
Blawg Review #253
Posted on March 01, 2010Well it's always Spring Break in sunny South Florida, where some of our lawyers "loan" each other $18 million because that's just how we do things down here.But let's get ready to welcome our sunburned visitors!Although there have been many Spring Break movies set on our lovely beaches, none sum it up better than the simple "rich man/poor man/Oil man/water ski instructor" premise of Elvis' 1967 classic Clambake -- I mean where else can you see Elvis sing an entire song about a miracle polymer and also see Bill Bixby employing karate moves in a super tight Speedo?(I told you things can get a little weird down here...
Jude Law Spends Six Hours With Maurice Kutner!
Posted on March 01, 2010You tell me how to read this:Jude, who fathered the five-month-old baby girl during a fling with model Samantha Burke, met celebrity lawyer Maurice Kutner for six hours in Miami on Thursday, ahead of the summit.A source said: "Jude was very on edge about the meeting...
Mike Tein Saves Everglades, One Decaying Road At A Time.
Posted on February 26, 2010Everglades Road Mike scored a huge victory Wednesday on behalf of the Miccosukee Tribe and pretty much everyone else:A Miami federal judge has dismissed and closed a case brought by the Miccosukee Tribe against the National Park Service after the government agreed not to rebuild a decaying Everglades road without an extensive environmental review...
SFL Friday -- Why is Life Worth Living?
Posted on February 26, 2010Hi folks, I am readying my winter windsurfing gear (a koozie for my dry Gin Gibsons, turtleneck wetsuit etc.) and generally getting prepared for the weekend -- I hope you are too.My first order of business btw is to windsurf, get airborne and crash spectacularly through the oceanfront windows of the Eden Roc where all those prosecutors and ultra-stiff white-collar lawyers are having their concluding cocktail reception...
Florida Supreme Court: Justice System Pretty Much Broke!
Posted on February 25, 2010-6- absorb access adjudicating attorneys backlogged budget case causal circuit clear consequences continue courts delay dockets filings final fiscal floridians increases inevitably initially judges judicial level loss managers matters moreover net officers perform periods positions processing relationship resources result staff state subordinate supplemental sustained system times wait work worsen years created at TagCrowd...
Big Willy Is Official!
Posted on February 25, 2010Dancer/lawyer/all-around good guy Wilfredo Ferrer gets the nod: President Barack Obama nominated Miami-Dade native Wifredo Ferrer as the new U.S. attorney for the Southern District of Florida Thursday. The position, which requires Senate confirmation, is among the most powerful of the 93 U...
Where Is a Corporation's "Nerve Center"?
Posted on February 24, 2010If you were to ask me, I would say exactly where Will Smith stabs V.I.K.I. with his robot arm at the end of I, Robot.But I guess Justice Breyer has his own views on this:In an effort to find a single, more uniform interpretation of the statutory phrase, this Court returns to the ?nerve center? approach: ?[P]rincipal place of business? is best read as referring to the place where a corporation?s officers direct, control, and coordinate the corporation?s activities...
3d DCA Watch -- RIP Judge Fletcher
Posted on February 24, 2010We'll dispense with the yuks this week and honor the outstanding service of former 3d DCA Judge John Fletcher, who sadly passed away Monday.On to the opinions......Seymour v. Panchita:Two little words on your summons, but they are muy importante -- "registered agent":A summons properly issued and served is the method by which a court acquires jurisdiction over a defendant...
Who's That Man?
Posted on February 24, 2010You remember Jackson Memorial, horribly mismanaged, misstating revenues by several hundred million, firing 900 employees -- in other words the perfect hospital for sunny South Florida.....Well it looks like they'll have slightly more on their plate, as the 11th has reversed Judge Lenard's summary judgment involving their fund-raising arm Jackson Memorial Foundation in a vigorously disputed age-discrimination suit...
Vote for Becker Attorney Ryan Pinder.....In The Bahamas!
Posted on February 23, 2010I'm not sure what to make of this, but apparently Becker & Poliakoff attorney Ryan Pinder has possibly renounced his American citizenship and is running in a disputed election in the Bahamas:The tax attorney was born to a Bahamian father, former PLP MP for Malcolm Creek Marvin Pinder, and an American mother...
Insert Favorite Nautical Disaster Imagery Here.
Posted on February 23, 2010Wow, I mean this is like the Good Ship Lollipop after sustaining a direct hit from a Japanese Tsurugi in Leyte Gulf (hey, I wanted to stretch a little): "It is a sad day when one who held our trust for so many years is shown to have engaged in rampant fraud and betrayed the trust of so many,'' U...
UM Law Student's Tale of Woe
Posted on February 22, 2010University of Miami School of Law 3L Todd Sussman is about to graduate and isn't all that happy:I'd always thought about becoming a lawyer, so I started applying to law schools and chose to attend the University of Miami. At first I hesitated to attend a private institution because of their high tuition rates especially in a city like Miami where life can be expensive, but I'm from South Florida and I wanted to be close to home...
Should the Gov Hire Jury Consultants?
Posted on February 22, 2010We've all used them, and not just for jury selection but for mock trials etc.But what about in criminal proceedings, should the prosecutors also retain jury consultants?David O. says no:Several jurors blamed the mistrial on juror Angela Woods, the lone black juror who has refused to comment on the deliberations...
Magistrate Judge Brown Calmly Explains the Meaning of "Gall."
Posted on February 19, 2010Judge Brown Gall This order has too many quotable parts so I'm putting up the whole danged thing.(The motion which prompted the order is here).GO FSU!!
The "Stealth War on Judges" And Paul Begala.
Posted on February 19, 2010So I see the Senate finally confirmed Joseph Greenaway Jr. to the 3d Circuit, unanimously, after being nominated back in June 2009: Joseph Greenaway Jr. is the latest example of a delayed nominee with no opposition. Nominated in June for the 3rd U.S. Circuit Court of Appeals, he won the unanimous backing of the Senate Judiciary Committee in October...
SFL Friday -- Heartfelt Apologies to All!
Posted on February 19, 2010Well it's been an eventful week filled with mirth and merriment, and it's not even over yet.I mean, just today Tiger read a statement about his sex life and Paul Penichet filed a lawsuit described as "a shakedown" by the (allegedly) very randy defendant, Casaurina owner Pete Halmos...
11th Circuit Says No Right to Amend Complaint If You Never Sought Leave
Posted on February 18, 2010You know how after Judge Middlebrooks grants a motion to dismiss or for sj he just immediately closes the case?Well, here's an order today from the 11th Circuit in a qui tam case that says this is hunky-dory:We reject Sanchez?s argument that the district court should have allowed her to amend her complaint before dismissing these claims...
DKRPA.COM
Posted on February 18, 2010Who is that British guy on WLRN who keeps interrupting All Things Considered during afternoon drive-time to prattle on about "30 years of collective experience" and "investor losses"?Are you guys sure you want Robert Morley as the face of the firm?(On second thought, don't answer that...
Vancouver Sun, Pink Sheets, and a Lawyer "Hall of Shame"
Posted on February 17, 2010If you're like me, when you think Vancouver this year you think crappy weather, dead luger, guys in clown outfits pushing discs around on brooms, and that cute blonde skier, but apparently there's more according to the Vancouver Sun:"In general, we expect attorneys who provide us with letters to know securities laws, do the work required, and be ethical," Pink Sheets chairman Cromwell Couslon earlier told me...
3d DCA Watch -- Possible Groundwater Contamination Edition!
Posted on February 17, 2010Hi kids, did you know there is a 3d DCA Historical Society?No, it's not designed to pay tribute to certain retired but very active Senior Judges, but it's still a pretty good idea so go sign up here.Let's jump right in:Biscayne Park LLC v. Wal-Mart:This is a tale of two very different approaches to a case, and the question is which narrative do you prefer?In Judge Lagoa's majority opinion, this is Wal-Mart trying to limit potential future money damages by sealing some remediation wells on an El Portal property after purchase negotiations fell through:In October, 2007, Wal-Mart terminated the purchase agreement...
Judge Huck Cites Emily Dickinson And "International Concept of Due Process."
Posted on February 16, 2010huckdickinsonorder Ok, maybe not a entirely fair headline, but I have to spice things up somehow.Actually, this is an interesting order in which Judge Huck denies reconsideration of his refusal to enforce $97 million in Nicaraguan judgments against Dole over alleged injuries sustained from the pesticide DBCP sprayed on Nicaraguan banana plantations...
Harry Reid to ABA: "Get A New Life."
Posted on February 16, 2010Methinks Senator Harry needs to get on with...you know....passing something and/or growing a pair:Sen. Harry Reid, D-Nev., criticized the American Bar Association on Thursday, saying it should "get a new life" in how it rates prospective federal judges, after one of his choices got a mixed review...
"The guy is full of crap and he is despicable.''
Posted on February 15, 2010I mean, if I had a dime.....In this case, however, that is Miami trial attorney Ariel Furst, discussing not me for a change but Mike Catalano, from this Herald piece: The Serrano family is represented by civil attorneys Furst and Stabinski. Catalano says that in November, during a meeting at their office, they said the family wanted Delrisco to ``rot in prison'' unless he fingered the El Paso bar in a Homestead strip mall as his watering hole just before the 5 a...
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What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
Can I legally stop my kids grandmother from harassing me?
Hello and thank you for your question.
You need to file for a Civil Harass...
How to get compensated for or compel redmiation iwhen government action renders private land useless?
It may be possible for you to demonstration that the county's action constitutes...
My aunt can no longer take care of herself, my mother would like to take her back to florida with her, but my aunt has a car an condo and other things take need to be taken care of, and there is evidence of another famil
You have to petition the probate court in her state and county to file as legal ...

What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
Can I legally stop my kids grandmother from harassing me?
Hello and thank you for your question.
You need to file for a Civil Harass...
How to get compensated for or compel redmiation iwhen government action renders private land useless?
It may be possible for you to demonstration that the county's action constitutes...
My aunt can no longer take care of herself, my mother would like to take her back to florida with her, but my aunt has a car an condo and other things take need to be taken care of, and there is evidence of another famil
You have to petition the probate court in her state and county to file as legal ...








