Florida

Valentine's Day Hangover

Posted on February 15, 2010

SFL Friday -- Achtung Baby!

Posted on February 12, 2010
Well it's been an eventful week and a huge Valentine's weekend looms -- I hope you all have a fantastic long one (that didn't come out quite right but you know what I mean). Real quick before I go, I'm no foreclosure litigation expert but this seems like a basic no-no: "They found that many cases were being filed by plaintiffs that didn't own the mortgages any more," said Miami lawyer Mark Romance, who chairs the Civil Procedures Rules Committee...

Lawyers (Allegedly) Behaving Badly.

Posted on February 12, 2010
stucomplaint I'm still on a high from last night's Bar thingy, so I'm reluctant to wade into these stories, but they are pretty extraordinary.First, this blockbuster Julie Kay piece (she's the best, right?) involving Fowler White's Lilly Ann Sanchez:The suit concerns Sanchez?s representation of Rivero, who pleaded guilty in 2008 to misusing $700,000 out of $3 million he was paid by the Miami-Dade Housing Agency to build affordable housing for senior citizens...

Paul Calli Is A (Private) Dick.

Posted on February 11, 2010
I've always wanted to write that headline, and now I can:This week, Calli and his firm, Carlton Fields, were tapped by the FPL Group to investigate allegations of fraud. In two letters, anonymous FPL employees have alleged that FPL executives broke the law by forcing employees to provide inaccurate or misleading information to regulators and shareholders...

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Judge Torres Allows Nonsignatory To Enforce Arbitration Agreement

Posted on February 11, 2010
torresarbitration This is a pretty sweeping opinion from Magistrate Judge Torres on the enforceability of arbitration agreements.Here he enforces it against a construction worker who never worked for the entity who is listed on the agreement, but instead for another company also owned by the same businessman:Again, though we view the result in this case to be, in effect, a reformation of a contract based upon a unilateral mistake (which under traditional contract principles would not allow for reformation at law), arbitration agreements are widely and broadly enforced in the Eleventh Circuit...

Another Judicial Reception!! (Yawn)

Posted on February 11, 2010
Well I don't know about you, but I'm getting ready for tonight's big Judicial Reception, which means I have prepared the following to do list:1. Immediately down two large dry Gin Gibsons;2. Track down and punch Brett Barfield.3. Find the one judge willing to speak to me (Sam Slom?) and unleash new self-aggrandizing anecdote that reveals my wit, trial skills, wealth, humor, A-type dominance and general good taste...

3d DCA Watch -- Evening of Revelry Edition!

Posted on February 10, 2010
Well folks, it's hump day and you know what that means.....Hermitage v. Oxygen In the Grove:So you're partying in the Grove, it's closing time, and of course you left your wallet back in the club.Who hasn't done that before?But here the poor schmuck knocked on the door one too many times and got the crap beat out of him (allegedly) -- Judge Shepherd understands:The complaint alleges after an evening of revelry, Rivera left the premises and then returned for his wallet, which he thought he left inside...

How to Write A Good Brief (Or Brief Blog Post).

Posted on February 10, 2010
Stay short and get to the point.Simple, but way harder than it seems.Have you read this Michael Kinsley piece on why newspaper articles are just too long:The software industry has a concept known as ?legacy code,? meaning old stuff that is left in software programs, even after they are revised and updated, so that they will still work with older operating systems...

I Shall Be Released.

Posted on February 10, 2010

Gerald Posner Suspended For Plagiarism!

Posted on February 09, 2010
Miami Beach's own Gerald Posner, who recently was the talk of the town with his salacious book Miami Babylon, has been suspended by The Daily Beast for lifting passages from prior articles, including the Herald:On Friday, it looked like writer Gerald Posner had his minor plagiarism scandal under control...

Leesfield Appeals Judge Freeman's Arbitration Order

Posted on February 09, 2010
Notice of Appeal I guess somebody was unhappy with Judge Freeman's order denying arbitration and allowing preliminary discovery to proceed.Briefing on this should be interesting.BTW, my read of Rule 9...

First Openly Gay Federal Judicial Nominee

Posted on February 09, 2010
I didn't even realize this was a milestone that had not yet been reached, but apparently it is:Sen. Chuck Schumer (D-N.Y.) is recommending to President Obama that he nominate for the first time ever an openly gay male to serve on the federal bench, according to the senator?s office...

Do You Care About "The Google"?

Posted on February 08, 2010
So it was fun last night yada yada yada but "Who Dat" officially jumped the shark for me at the 4000th onscreen shoutout, somewhere around 8:30 am yesterday.Kids, if Boomer is yelling a "hip" catchphrase it either was never hip or stopped being hip a very long time ago...

Saintsmania!

Posted on February 08, 2010
Order_Trial Continued_Saints to Superbowl Good God, get a grip.

Judge Hurley Peers Into His Crystal Ball

Posted on February 08, 2010
hurleycrystalball And tries to predict how the Florida Supreme Court would rule on discovery of other claim files of an insurer for purposes of evaluating claims procedures in a bad faith action:While Ruiz addressed the parameters of the discoverability of the insured?s own claim file, as ?virtually the only source of direct evidence with regard to the essential issue of the insurance company?s handling of the insured?s claim,? this court finds Ruiz also informs the discoverability of other insured claims files which relate to and illuminate the manner in which the company handles claims of its other policyholders in the general course of its business -- an issue directly bearing on the company?s punitive damage liability exposure under statutory language authorizing recovery of such damages where the company?s bad faith claims practices occur ?with such frequency as to indicate a general business practice...

SFL Friday -- Super Bowl Weekend!!

Posted on February 05, 2010
Well kids I've had a tough week so I am cutting out early to do some shark-free windsurfing.Anyone who remember the 'Aints, Archie Manning, 0-14, bags on head, hail even Jim Everett will have a soft spot for the boys from New Orleans.But whatever you do this weekend, keep in mind there are lots of ways to give back and justify your extravagant, poolside, big screen Super Bowl parties...

Digital Dump

Posted on February 05, 2010
A random sampling of items k-nocking around in my keppe this morning:1. I bumped into Bob Zarco last week and he was wearing blue suede shoes -- I call them F U shoes.2. When does the filing of a lawsuit constitute "civil extortion" or worse yet, "criminal extortion"?Ask Irvin's lawyer Larry Friedman, who has a history of vigorously and publicly denouncing suits filed against his client...

Proposition 8 Trial Reenactments

Posted on February 04, 2010
Although the Supreme Court put the kibosh on efforts to broadcast in a limited fashion the ongoing Proposition 8 trial in California, that has not stopped efforts to release video from the trial.In an unprecedented move, two producers have been staging elaborate reenactments with real actors playing the judge, lawyers and witnesses, and posting it all on YouTube:Frustrated by a Supreme Court decision barring broadcast of the trial, two Los Angeles film types are translating the courtroom testimony into elaborate YouTube re-enactments, complete with professional actors, realistic sets and a budget that might buy you lunch...

3d DCA Reversed on PIP Presuit Notice Requirements.

Posted on February 04, 2010
The coffee-swilling in the bunker has reached fever pitch this morning, as the Florida Supreme Court has just reversed the 3d DCA on the retroactive application of PIP pre-suit statutory notice requirements.Although the statute was intended to be applied retroactively, it impairs vested rights and imposes substantial new burdens:In agreeing with the insureds that the statute cannot be applied retroactively, we conclude that the most problematic provisions of the statute are those which (1) impose a penalty, (2) implicate attorneys? fees, (3) grant an insurer additional time to pay benefits, and (4) delay the insured?s right to institute a cause of action...

Prieto!

Posted on February 04, 2010
I like it when rumors by my tipsters are validated, it makes me feel like all is well with the world.So John Pacenti's article on Pete Prieto's move from defense lawyer at H&K to full-time plaintiff's lawyer at Podhurst was satisfying:?Working in a litigation boutique is considered by many to be the gold standard,? Prieto said...

Justice Thomas Picks Perfect Time To Stop Attending SOTU Addresses!

Posted on February 03, 2010
David explains that Justice Thomas doesn't attend State of the Union addresses anymore because they are just too danged "partisan":Politics, he said, is why he stopped going to the annual address."It has become so partisan, it's really uncomfortable for a judge," he said...

3d DCA Watch -- Lolly Lolly Lolly Edition!

Posted on February 03, 2010
YES!!Alright kidzzzzz, let's do this:Liebherr-America v. McCollum:This case arises from an unfortunate accident at the Port of Miami where a sleeping longshoreman was crushed to death by a huge mobile crane.The question presented involves the potential apportioned liability of one of the defendants, an entity that sold the crane and had a service contract to maintain it...

Not Now John.

Posted on February 03, 2010
Let's see, it's hump day and I'm getting cranky again.When oh when will the Resplendent Ones emit their utterances?I see former heavyweight champion and noted TV star John Ruiz has filed a Toyota gas pedal lawsuit:Ruiz, who hosts a live late night Spanish program on legal issues called La Ley, said he's already representing hundreds of Toyota owners including owners without sticking pedals worried about the value of their cars...

Black Heart

Posted on February 02, 2010

Kim Rothstein To Seek "Pre-Ponzi" Assets

Posted on February 02, 2010
So says Brittany Wallman here.Plus Kim spills the beans of her life story to Stormin' Norman here.Kim's attorney Scott Saidel explains the "pre-Ponzi assets" game plan:Kim Rothstein, wife of Ponzi schemer Scott Rothstein, will seek half of whatever assets they owned before the illegal investment scam began, her lawyer Scott Saidel said...

"Emergency" Motion For Contempt Backfires.

Posted on February 02, 2010
lippmanorder One of the cases Steve Lippman took with him from RRA (Scott used to be counsel of record on the matter) involves a suit by Edward Bennett and Ace Technology Corporation against GFM Corp...

Chow v. Chow Hand-Pulled Noodle Weekend (MLK Edition)!

Posted on February 01, 2010
Noodle Weekend Much has happened since we last checked in on the hot Chow v. Chow hand-pulled noodle action proceeding before Judge Hoeveler.Some of you may recall there was an issue regarding plaintiff's discovery responses and the upcoming depositions of the defendants...

Hail Cesar!

Posted on February 01, 2010
Outgoing GT hefe-in-chief Cesar Alvarez gets an exit interview by the Herald's Cindy Krischer Goodman here.I liked this relatively probing question: Q: Tell me about a big mistake and how you handled it.Ooh! Ooh! Ooh! Mr. Kotter!I remember this from my law school interview days...

President Obama Condemns Supreme Court Ruling!

Posted on January 29, 2010
Let me tell you what, I thought it was great the way President Obama got right up into the grill of the Supremes during his SOTU address the other night and told them exactly what they can do with their fancy new pleading standard....And how 'bout the way Justice Alito couldn't contain himself and had to pull a judicial version of"You Lie" while the cameras were rolling...

SFL Friday -- PACER and the Pussycat

Posted on January 29, 2010
I think everyone besides Judge Altonaga pretty much takes PACER for granted nowadays.But there was a time -- in the dark ages, 'natch -- when you had to actually run to the Courthouse to "pull a file" and copy a pleading or motion.Let me correct that -- you had to send some lowly associate to go to the Courthouse and do all that, but still!(And phone messages were on little slips of paper!)Perhaps that's why I found this article by the former chair of the Judicial Conference's Court Administration and Case Management Committee to be so interesting...

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