Federal Judiciary

More on Judge Huck

Posted on August 17, 2010
Last Monday, I posted about Judge Paul Huck's decision to take senior status. Today, the DBR has more on the story:District Judge Paul Huck in Miami will take senior status at the end of the month, opening a third seat on the federal bench in South Florida...

"2 Hialeah businessmen busted for bilking Medicare for penis pumps"

Posted on August 16, 2010
That headline, from Jay Weaver's article, really says it all, doesn't it? More:It's one thing that a pair of Hialeah companies were fraudulently billing Medicare for penis pumps at $395 a pop to supposedly help male patients combat impotence.It's quite another that Charlie RX and Happy Trips also billed the federal healthcare program for vacuum erection systems to aid female patients battle erectile dysfunction, authorities say...

I'm back

Posted on August 15, 2010
Thanks to my guest bloggers -- SFL, Rumpole, and Rick B.Now back to work.... I hope everyone enjoys the last good week of traffic because school starts in one week and then US1 and I-95 turn back into parking lots.A couple of quick hits to start your week:1...

Let's Talk Judicial Appointments!

Posted on August 13, 2010
We might as well, since President Obama and Senator McConnell did the same the other day:President Obama and Senate Republican Leader Mitch McConnell had their first one-on-one meeting today, and it dealt primarily with one topic: Confirming judges.Or, more precisely, Republican holds on Obama judicial nominees...

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Magistrate Judge Brown Addresses Futility of "Notices of Unavailability"

Posted on August 12, 2010
Judge Brown Notice of Unavailability Hi kids, SFL here.Regular readers of my blog know I have a special fondness for this case.In an order entered yesterday, Magistrate Judge Brown addresses the rather pointless of practice of filing "notices of unavailability," a personal pet peeve of mine: The parties should note that there is no local rule in our Court providing for the filing of same, and no federal rule supporting same...

1600!!!

Posted on August 10, 2010
There's a certain honour with being the blogger to post the 1600th post on David O Markus's famous Southern District Of Florida Blog. And with DOM being out of town and unawares, we decided to grab the honour before he could change his mind and revoke our blogging privileges...

11th Circuit Limits "Safety-Valve" Sentencing Relief.

Posted on August 10, 2010
Hi kids, SFL here, killing time while David O undoubtedly does something glamorous and exciting I am sure.I'm glad I don't do any criminal, because if I did I'd have to use the term "safety-valve" as part of my work.Instead I'm stuck with delightful words and phrases such as "Celotex," "Iqbal," "Venetian Salami" and "mending the hold...

D.O.M. called

Posted on August 10, 2010
?You haven?t posted anything.?That was D.O.M. again, calling from wherever.?Well, you gave the blog over to the people who write comments.??I thought you didn?t read the comments.??I don?t.?Beat.?You?re being too uptight about this.?That was D.O.M. breaking the silence...

Big news from the road

Posted on August 09, 2010
Judge Paul Huck has informed President Obama that he will be taking senior status. That makes three current openings; Judge Hurley (to be filled by Kathy Williams); Judge Gold; and now Judge Huck. Judge Huck has been a wonderful district judge and is regarded as the hardest working judge in the District...

Good luck to...

Posted on August 07, 2010
... Brian Stekloff, who after making a good name for himself at the PD's office, is off to Paul Weiss in DC. They needed someone to try cases, and they found the right guy.

Straw buyers walk

Posted on August 06, 2010
Four of em... Before Judge D after an 11 day trial. Defendants repped by Phil Horowitz, Alan Kaufman, Brian Tannebaum, and John Wylie. Congrats.

Get ready for the guest bloggers

Posted on August 05, 2010
Taking a little break from the blog for a week. Starting tomorrow, you'll have SFL, Rumpole, and Rick Bascuas entertaining you. Enjoy.

Magistrate feels ?like a schoolmarm scolding little boys."

Posted on August 04, 2010
The whole opinion is definitely worth a read. Here's a snippet:My practice is to preliminarily review every motion called an ?emergency? the day itis filed. However, other cases, motions filed, scheduled hearings and settlement conferences do not afford me the luxury of dropping everything to hear a party?s perceived ?emergency? especially when it involves a case that has already taken an inordinate amount of the court?s time (to the detriment of other litigants who need decisions in their matters) to resolve yet another in a series of routine discovery disputes...

Being on a plane...

Posted on August 04, 2010
... with 8 rows is not fun. Tampa for the day. Back tonight.

Tuesday News and Notes

Posted on August 03, 2010
1. Moving sucks.2. The FBI is taking the absurd position that Wikipidea shouldn't use its emblem. 3. Law.com covers the Irey case. 4. Roberts v. Kagan, per Dahlia Lithwick. 5. More on Kagan -- she is only 6th SCOTUS law clerk to become Justice. 6...

New digs

Posted on August 02, 2010
Personal post: I've moved office space to right across the street from the Federal Courthouse in Miami (the address is 40 N.W. Third Street, Courthouse Center, Penthouse 1, Miami, Florida 33128). And I've added two great lawyers -- Margot Moss and Mona Markus-- to join Robin Kaplan and me...

Trustees behaving badly

Posted on July 30, 2010
It hasn't been a good run for receivers and trustees in the Southern District of Florida lately.  John Pacenti covers the latest abuse of trust here:A longtime court-appointed trustee and receiver entrusted with $1 million earmarked for the victims of ex-lawyer Scott Rothstein?s mammoth fraud is refusing to return the money and is the subject of a federal investigation, sources told the Daily Business Review...

"Miami also has a great NBA basketball team, right?"

Posted on July 30, 2010
That was the chief of the multidistrict panel, U.S. District Judge John G. Heyburn II of Kentucky, after Ervin Gonzalez was pushing for the oil litigation to be here in Miami.  From Curt Anderson's report:More than 100 lawyers crowded into a sixth-floor courtroom in Boise's downtown courtroom, jockeying amongst themselves for the limited speaking slots in a hearing that lasted about 1 1/2 hours...

255 pages of en banc fun

Posted on July 29, 2010
The 11th Circuit issued United States v. Irey today, with 255 pages of opinions, which are a must read for any criminal practitioner in this Circuit. The question presented is whether a lengthy variance (from 30 years to 17) was reasonable in a horrific case involving multiple acts of child rape...

Obama finally starts to push federal judge confirmations...

Posted on July 28, 2010
... at least a little bit.  According the BLT:President Barack Obama called on the Senate today to vote on long-stalled nominees for the federal judiciary -- dipping a toe into an issue that has appeared relatively low among his priorities.In remarks at the White House, Obama said he wants to work with Republicans to fill judicial vacancies...

Rothstein feeder to pay $830 million

Posted on July 27, 2010
The Sun-Sentinel has more here:The Fort Lauderdale hedge fund manager who was the largest feeder to Ponzi schemer Scott Rothstein has agreed to give up much of his wealth as part of a settlement with bankruptcy attorneys.The settlement agreement by George Levin and his Banyon investment entities ? which funneled $830 million into Rothstein's $1...

Shocker

Posted on July 25, 2010
The front page of today's New York Times says that after John Roberts and Sam Alito were appointed, the Supreme Court shifted more to the right. I'm sure all of you are just shocked by this...Here's the link to the lengthy piece:http://nyti.ms/b3ypgwI'll be in court all day Monday, so have at it in the comments...

Friday slog (UPDATED with Lew Freeman's sentence)

Posted on July 23, 2010
Some quick news items while you try to stay dry:1.  Darth Vader attempt to rob bank. (via NY Daily News).  2.  Lew Freeman to be sentenced today.  (via Jay Weaver)  UPDATED -- Judge Huck sentenced him to 8 years, 4 months.  (Here's the Herald article)...

New blog in town

Posted on July 21, 2010
And like Rumpole and SFL, it's anonymous.  It's a fun read, even though the title sucks: Kosher Meatball Blog.

White House nominates Kathy Williams

Posted on July 21, 2010
Finally!  Such good news for Kathy and for the District.  From the White House press release:Today, President Obama nominated Judge Charles Bernard Day and Kathleen M. Williams to United States District Court judgeships. ?These candidates have distinguished records of service, and I am confident they will continue to serve the American people with integrity and an unwavering commitment to justice, ? said President Obama...

Wednesday news and notes

Posted on July 21, 2010
1.  Judge Lenard accepted the guilty pleas today in the stolen patient record case.  (via Miami Herald).  We previously wrote about the case here, when the parameters of the deal were questioned.2.  Jeffrey Epstein is a free man.  And the Daily Beast covers the case here, with video from his depo in which he walks out after being asked about the shape of his penis...

Sarah Palin and Titi monkeys

Posted on July 20, 2010
Slow news day here in the SDFLA.  So, I give you these two items:1.  Sarah Palin makes up a word (via Gawker):2.  Man arrested for hiding 18 monkeys in his girdle. (via CNN).

Unnamed AUSA's mailbox burned down

Posted on July 19, 2010
Here's the Sun-Sentinel article. The assistant U.S. attorney ? whose name has not yet been released ? called authorities Sunday when she saw her mailbox on fire at her home in the Caloosa equestrian neighborhood.***"At this point in time, we are just thinking of this as mischievous vandalism," ATF spokesman Carlos Baixauli said.

"I am not there to entertain anybody."

Posted on July 19, 2010
That was Clarence Thomas at the Utah State Bar convention.  Some highlights from two articles (here and here):When he first arrived on the court, members ?actually listened to lawyers,? Thomas said. ?We have ceased doing that. Now it?s become a debate or seminar...

Wesley Snipes' conviction and 3-year sentence affirmed

Posted on July 17, 2010
Wesley Snipes was only convicted of three misdemeanors (and acquitted of all the felonies), yet the 11th Circuit has affirmed his 3-year sentence.  That seems harsh to me, especially because he was sentenced based on the relevant conduct for which he was acquitted...

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