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

Florida Supreme Court Upholds Lobbyist Restrictions

Posted on March 19, 2009
Hi folks, I've been busy meditating so I have the requisite mental energy to listen to a lot of boring lawyer war stories later today, but a dedicated reader passes along this Florida Supreme Court opinion released today that upholds the statute regulating lobbyists...

"I Am Not Paying Any Money For Anything."

Posted on March 18, 2009
Boy oh boy what a disaster is unfolding in Judge Gold's courtroom, in the aftermath of the acquital of Dr. Ali Shaygan by uber-trial mensch David O. Markus:U.S. District Judge Alan S. Gold, who held two days of hearings this week on the matter, said there were "flagrant violations" of basic rules by prosecutors and indicated he would likely order the U...

3d DCA Watch -- Rubber Biscuits and Wish Sandwiches Edition

Posted on March 18, 2009
Thank you Judge Salter!You know, some weeks it ain't easy to write 3d DCA Watch. No offense to the judges, but it's hard sometimes to work with material like this:In the case before us, the record reflects that Diaz presented sufficient evidence to submit to the jury the issue of whether Impex Logistics was Diaz?s ?joint employer? or his ?single employer...

Contracts Are Sacrosanct (Except When They're Not).

Posted on March 18, 2009
I have to laugh when I hear things like this, from everyone's favorite reverse-Howard Beale, CNBC's Rick Santelli:"If there were contracts in place that when the government came in to put the money in AIG, they didn't take care of these issues -- a card played is a card played, as reprehensible as it is...

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Kiss the Blarney Stone, You Plebes!

Posted on March 17, 2009
So as I do every St. Patty's Day, my day began in the normal fashion -- an early morning viewing of the 1985 lost classic "Troll," while sipping a stiff Irish coffee, followed by a Murphy's/naturebee double shot chaser.Oh it's gonna be a good day.I then did a few edits to Judge Zloch's memo to Chief Judge Moreno, pdfed it on over to the courthouse, and then jumped in the hot tub for an extended bath...

All Judge Zloch, All the Time.

Posted on March 17, 2009
Yes, this time it's about jurors and the intertubes:Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge?s instructions and centuries of legal rules...

Shake Up At Kluger Peretz?

Posted on March 16, 2009
Alana Roberts reports:At least six transactional attorneys have left Miami-based Kluger Peretz Kaplan & Berlin, and sources say two of the firm?s name partners may leave after a 22-year association as the firm reorganizes to focus on litigation.Five transactional attorneys have left the firm, and one will leave the firm ? known for its litigation and bankruptcy work ? next week...

SFL Monday -- Be A Hero, Just For One Day.

Posted on March 16, 2009
Hi everybody -- take a deep breath, it's Monday!Those of you looking for work, take note: R. Allen Stanford needs a good civil litigator. Not sure how you'll get paid, though.(Bowman Brown, you need not apply.)Did you all catch this story on Julio Robaina, who tried to inject some flexibility into a bill before the Florida Legislature that would prohibit contingency fees paid to outside lawyers retained by the AG's office?BTW, a similar amendment to the federal omnibus spending bill proposed by John Cornyn was roundly defeated...

The "Quiet One" Speaks!

Posted on March 15, 2009
Hey, who knew Justice David George Harrison Souter was such a shmartie: Talking about the importance of teaching history and the humanities in general, Souter displayed a warmth and wit that is at odds with his image as a Spartan, taciturn New Englander...

SFL Friday -- "I Shouldn't Even Be Doing This!" Edition

Posted on March 13, 2009
Some of you old-timers may recognize that as the punchline to an old Bob Newhart routine, but hey it's Friday and seems to fit, so what the hail.I'm sure everyone by now has gone over to David's site to wish him congratulations on a huge victory -- what a win...

A Tale of Two Dimonds.

Posted on March 13, 2009
See if you can spot the differences.....I count at least three!

Alex Acosta to FIU Law?

Posted on March 13, 2009
John Pacenti breaks down the opposition to Acosta's appointment, based on his inadequate supervision of Bradley Scholzman, and his intervention in Ohio election law right before the 2004 election.I previously reviewed the Scholzman matter here.Regardless of your views on this, you gotta love being a member of the press and going to Marva Wiley, President of the Gwen S...

Kids Say the Darndest Things!

Posted on March 12, 2009
Where's Art Linkletter when you need him: In between learning their ABC's and 123's, the 4-year-olds in Iris Dasilvia's Tamarac preschool recently got a lesson in D-R-U-Gs.One preschooler apparently pulled a small plastic bag out of his book bag last Friday, and inside was his brother's marijuana stash...

Important Twitter Policy Announcement.

Posted on March 12, 2009
Hi kids, sorry to pull a Badluck Schleprock on you all but did you know that advertisers know all about your little Crackberry messaging and intertube surfing habits: Smartphones, like the iPhone and BlackBerry Curve, are the latest and potentially most extensive way for advertisers to aim ads at certain consumers...

Fortune Doesn't Like Steven Marks That Much.

Posted on March 12, 2009
Roger Parloff, senior editor at Fortune Magazine, has penned this odd ode to Podhurst lawyer Steven Marks:The good news is that a Moscow judge adjourned Tuesday's scheduled pretrial hearing in Russia's dubious $22.5 billion suit against the Bank of New York Mellon to allow the parties to pursue settlement talks...

Judge Perry to the Supremes?

Posted on March 11, 2009
Or so a well-placed friend says.Finally, a pick that makes some sense. You can read the background on the nominations and Judge Perry here:In the next week or so, Gov. Charlie Crist faces one of the toughest political decisions of his tenure as governor: A Supreme Court appointment that pits conservatives in his own party against a minority community Crist is courting...

3d DCA Watch -- Alliterally Apodictic Edition

Posted on March 11, 2009
Yeah!!It's Wednesday, folks, that sanctified day of the week when so many good things happen to so many people, yes that one glorified day when all things judicial occur on a little website to the south, that epiphanic moment where all of us lawyers can bathe in the judicial stew that our resplendently-robed brethren to the south have been cooking, oh hail you know the drill...

Think Positive, You Plebes!

Posted on March 10, 2009
So let's see big-firmers, Morgan Lewis lays off 55 lawyers and 161 staffers, and White & Case drops 200 lawyers and 200 staffers.I've gotten some feedback locally, but feel free to comment or shoot me an email.Folks, it's time to bone up on personal bankruptcy and labor law -- there's always a growth market somewhere, right?Meanwhile, the courts and clerks of court are battlin' it out over the scraps given to us by the Florida legislature...

Norm Kent Explains Why He Smokes Pot (Legally!)

Posted on March 10, 2009
I really enjoyed this Norm Kent piece on the stupidity of our nation's policy toward marijuana possession:As a California patient, I am empowered to acquire cannabis lawfully at medical dispensaries. Under the California Health and Safety Code, I am also entitled to grow up to six plants of my own in my little apartment on the bay...

"I Certainly Was in the Right."

Posted on March 09, 2009
Sorry, had a brief Pink Floyd moment there for a second.Well it's Monday, time to get back on the wheel and run rabbit run.....Sheesh, I'm tired already.I see the Herald's owner plans to cut another 1600 jobs. Can I make a few suggestions?Meanwhile, all your anonymous posters got a slight victory as the Maryland Supreme Court imposed some reasonable limitations on a plaintiff's ability to obtain poster information in the defamation context (thanks to a friend for the link!):The New Jersey appellate court in Dendrite, Int?l...

"What Are We Missing"?

Posted on March 06, 2009
I did a post over at David's fine blog regarding this great John Pacenti article on the lack of women on the newly appointed Federal Judicial Nominating Commission.But I want to amplify it a bit here, from the comfort of my own crappy soapbox.I give Lisa Lehner a lot of credit...

SFL Friday -- Too Much Monkey Business Edition

Posted on March 06, 2009
Hi kids, it's Friday!Does it worry any of you that the FDIC -- which insures our bank deposits -- needs to extend its credit line with the Treasury from $30 billion to $500 billion? Bear in mind that the FDIC has never borrowed any money in the past and now may need a half-trillion by 2010...

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