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

FBA 30th Anniversary Reception Tonight!

Posted on February 10, 2011
I'm spending all day getting ready for the big FBA reception tonight (David has photos here).For me that means the usual -- face painting, signed Brett Barfield jersey, mani/pedi at the Hyatt.I'm also trying to come up with something funny to say about Egypt...

Rule 11 Motions -- Please Use Sparingly.

Posted on February 10, 2011
We all know lawyers who love to threaten sanctions. They write nasty letters, throw around 57.105 and generally try to bully their way through a lawsuit. These lawyers are especially annoying at depositions, or at hearings where the judge can't or won't control the courtroom...

Adorn the Loss.

Posted on February 09, 2011
To my many friends at Adorno Yoss, it's been fun interesting had it moments it was real.

I'd Like to Schedule Some Alone Time With Fred Karlinsky.

Posted on February 09, 2011
All of us struggle with striking a balance between the 24/7 demands of our jobs and maintaining positive and life-affirming relationships with our significant others, our family, our peers, our community, the world at large and yes, even with ourselves...

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3d DCA Watch -- Humans Once Were Word Processors.

Posted on February 09, 2011
It may be the combination of reading David Rakoff's sardonic new collection of essays Half Empty and watching Louis C.K.'s sick new series Louie, but I'm in a mighty cynical, curmudgeonly mood right about now.So this may not be the best time to review recent bunker-approved legal transmissions, but what the hey it's hump day:Liebman v...

Missed It By That Much.

Posted on February 08, 2011
Talk about chutzpah, what do you make of a defendant that goes through a full bench trial before Judge Moreno, loses a breach of k to the tune of $5 million, then moves to vacate the judgment for lack of diversity jurisdiction?Not much, according to the Judge...

11th Circuit to Florida Supreme Court: Oy with this Whole Offer of Judgment Business!

Posted on February 08, 2011
Regular readers will know my hate-hate relationship with the bewildering state of Florida offer of judgment law -- a mishmash of old and changing statutes, inconsistent and contradictory opinions, mucked up revisions to the Florida Rules of Civil of Procedure, and a general feeling of dread and creeping doom whenever one is confronted with, or God forbid, perhaps considering tendering such an offer in any piece of complex commercial litigation...

BREAKING -- BoA Checking Overdraft Settles HUGE!

Posted on February 07, 2011
Good to see all that TARP money going to a good place:Plaintiffs and Bank of America, N.A., through their respective undersigned counsel, hereby notify the Court that on or around January 27, 2011, they executed a Memorandum of Understanding evidencing an agreement in principle, under which Bank of America will pay the total sum of four hundred ten million and 00/100 dollars ($410,000,000...

"Most Effective" Ed Davis Lawsuit Profiled in Toronto Star!

Posted on February 07, 2011
Hi kids, well that was actually a pretty interesting football game.And by that I mean the massive "Tron" halftime reenactment, the 2008 nostalgia (Usher?), that creative version of the national anthem, and the emasculating moment when Cameron Diaz hand fed popcorn to A-Rod during America's biggest and most-watched sporting event...

Dan Gelber Won the AG Election?

Posted on February 06, 2011
Well, according to Palm Beach County, he did:Dan Gelber may not have won the race to become Florida's Attorney General, but Palm Beach County's official Guide to Services says he did.The 88-page book, which includes names and phone numbers for county and state offices, lists Gelber as the state's attorney general, even though Pam Bondi defeated the former democratic state senator in November...

Bobby Gilbert Leaves Alters for Grossman Roth.

Posted on February 04, 2011
Gilbert Grossman Roth The turmoil at Jeremy Alters' firm continues as class action litigator Bobby Gilbert is apparently leaving for PI powerhouse Grossman Roth...

Governor Scott Starts Returning Federal Health Care Money!

Posted on February 04, 2011
For those of you looking for a silver lining in Judge Vinson's recent health care ruling, here you go:In the wake of U.S. District Judge Roger Vinson's ruling that the federal health care legislation is unconstitutional, Florida insurance commissioner Kevin McCarty returned a $1 million federal grant awarded to the state to assist with reforms...

Important Tip for Deponents: Don't Look at Anything.

Posted on February 03, 2011
Halmos Note Order More fun and games in the never-ending, endlessly entertaining Pete Halmos yacht insurance dispute, now hitting docket entry HOLY CRAP I CAN'T BELIEVE THE NUMBER OF DOCKET ENTRIES:This matter is before this Court sua sponte...

Chief Judge Moreno Has One Small Favor to Ask.

Posted on February 03, 2011
Not only do I get emails from Congressman Kucinich containing extensive details regarding his dental history, but I also get some from inside that funny building downtown that looks like a cruise ship:On behalf of Chief Judge Federico A. Moreno, the following survey is being sent again to members of the Bar who are registered users of the CM/ECF system in the Southern District of Florida...

3d DCA Watch -- Greetings, Welcome To Our Wonderful State Court!

Posted on February 02, 2011
I'm a history buff, so I'm always interested in what happened in the past and how that might possibly reflect on the present or even the future.Let's pick a date at random, say, February 18th.Great day.For example, in 1968 on that date legendary guitarist David Gilmour joined Pink Floyd...

BREAKING -- Massive Snow Storm Paralyzes Nation; Alan Kluger Reacts!

Posted on February 02, 2011
Herald reporters Doug Hanks and Hannah Sampson and I must think alike.When I saw footage and read reports of the ferocious life-threatening winter storm barreling across the nation, closing icy snow-covered roads, downing power lines, crippling air travel and endangering hundreds of thousands of people across the United States, my first thought was: how does all this impact Alan Kluger?Fortunately, Doug and Hannah felt the same way:Alan Kluger, founder of the Miami law firm Kluger Kaplan, spent Tuesday shuffling his calendar this week...

Glenn Garvin + Peter Tosh = BFF!

Posted on February 01, 2011
Can any serious policy maker defend the failed drug war on economic, moral, or practical grounds?Is there anyone who doubts its disproportionate effects on the poor and minorities?Or the "status-like" nature of a stop that predictably turns into a drug bust?Even the contrarian bearded one, holed up in his college dorm with crappy seed-filled weed and a dog-eared copy of William F...

Forget Health Care. Important Question -- Are Underage Teenagers Suing "Girls Gone Wild" Entitled to Anonymity?

Posted on February 01, 2011
Sure people are discussing the implications of the recent health care ruling, but the 11th weighs in to address a truly burning question: Can underage teenagers suing the makers of "Girls Gone Wild" maintain their anonymity throughout trial?You gotta love the recitation of the record by Chief Judge Dubina -- sorry folks, I'm not even comfortable block quoting it...

Put This In Your Calendar and Smoke It!

Posted on February 01, 2011
Ok, I guess I'm still thinking about that Garvin drug war column, but as David says this is a genuinely cool event and one you should attend:U.S. District Court for the Southern District of Florida: Unveiling Ceremony ?Milestones: A Legal Odyssey,? A Black History exhibit, 11:30 a...

Dwyane Wade Charter School Lawsuit Survives Motion to Dismiss.

Posted on January 31, 2011
Wade Charter School Dwyane Wade's charter school project is embroiled in a legal dispute with an entity that alleges it was supposed to provide consulting services and help develop charter schools for 20k a month, but alleges it has not been paid...

Things That Make You Go "Hmmm."

Posted on January 31, 2011
Let's see....wake up South Florida!John Pacenti is a fantastic reporter, and I've certainly had my fun with Big Lew, but I sort of agree with Joe DeMaria regarding the Lew Freeman emails that appear on the front page of today's DBR.They're entertaining as you would expect -- and naturally involve food and bowel movements -- but where's the newsworthiness?They seem private to me and I feel somewhat uneasy reading them...

YEAH -- Obamacare Ruled Unconstitutional!!

Posted on January 31, 2011
Ok kids, here is Judge Vinson's 78 page order finding that whole Obamacare thing a bad nightmare, much like the last season of Dallas:It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause...

Our Long National Dental Nightmare is Over!

Posted on January 29, 2011
Let me share a secret -- Dennis Kucinich sends me emails.Why, may you ask, am I email buddies with the Ohio congressman?Is it because of his principled, courageous opposition to endless and pointless war?Or because he was one of the very few who voted against the Patriot Act?Or his positions on gay rights or universal healthcare? Not really...

Jim Ferraro's Cleveland Firm Files For Chapter 11.....in Miami.

Posted on January 28, 2011
The legal maneuvering continues in the long-simmering dispute between Jim Ferraro and the widow of the ex-partner of his Cleveland based law firm:Kelley & Ferraro filed for Chapter 11 reorganization on Wednesday, Jan. 26, in a move that partner Tom Wilson said is aimed at resolving the nearly 5-year-old civil litigation pending against it...

Herb Stettin to Russ Adler: You Now Work For Me!

Posted on January 28, 2011
I recently had the great pleasure of rewatching Jimmy Caan's best film, Thief, where he plays a Chicago freelance diamond thief dreaming of a better life who gets sucked into working for a local mob kingpin for what Caan thinks is one final heist.Of course the mobster, brilliantly played by Robert Prosky, has other, longer term plans for the profitable crook...

Too Bad About That Whole "Separation of Powers" Thing.

Posted on January 27, 2011
Listen, "separation of powers" was an interesting experiment, maybe it did kind of work briefly(?), but really it's time we just gave it up and moved on:With Florida's legislative leaders still chafing from recent defeats before the Florida Supreme Court, Republican lawmakers signaled Wednesday that they want to strip some of the court's powers...

How Does "Ruden Yoss" Sound?

Posted on January 27, 2011
Hey, I'm trying to think outside the box:Financial troubles at Ruden McClosky are deepening, with the Fort Lauderdale-based firm suspending all capital payouts to former equity shareholders.In a letter to about 50 to 60 former equity shareholders Saturday, co-managing partners Michael Krul and Carl Schuster said the firm was declaring a "moratorium" on all capital account repayments...

3d DCA Watch -- Judge Shepherd Appeals to a Higher Authority!

Posted on January 26, 2011
Does the 3d feel like it's in a funk these days?Not too many opinions being released, fewer dissents, the swagger seems to be gone or dissipated, it's as if the 3d is barely talking to us.Is it something I said?Anyways, let's roll tide:Morton's of Chicago v...

Allen Stanford Receiver Wants Miami Heat to Pay Money Back.

Posted on January 26, 2011
Oh I long for the days when we used to make fun of R. Allen Stanford.Can anyone forget Bowman Brown's amazingly accurate "spidey sense" and deft way with a self-deprecating anecdote?God I miss that material.Well, there is hope:The National Basketball Association?s Miami Heat was sued by the R...

State Thinks Blowing Millions in Fees and Losing Millions in Damages Means They Won!

Posted on January 26, 2011
You gotta love litigating against the state -- it's like fighting with a headless chicken: there's no one in charge, no one accountable, no one making "hard" decisions that involve long-term thinking, and absolutely -- and I mean absolutely -- no one counting the money...

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