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

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.? Nevertheless, the trial court did not rule on the sufficiency of the evidence because it found that the ?joint employer? and ?single employer? tests were inapplicable. Instead, the trial court granted the motion for directed verdict because Impex Logistics had less than ten employees. However, there was sufficient evidence for the ?single employer? and ?joint employer? issue to be decided by the jury. Consequently, the trial court erred in granting Impex Logistics? motion for directed verdict.

Zzzzzz. Huh, right, where was I?

My point is, as brilliant and as resplendently robed as our coffee-swilling brethren to the south are -- and please don't tell anyone -- but sometimes they write dull opinions.

So this week we are deeply indebted to Judge Salter.

Not because his opinion this week wasn't dull (oh hail it certainly was!), but because it contained this sterling footnote:

The court is reminded of the wistful adage: if I had some cheese, then if I had some bread, I?d have a cheese sandwich.

Hallelujah!! ZING!!

However, to be serious for a moment Judge, no self-respecting student of late 20th-century American culture could possibly reference the immortal "wish sandwich" without mentioning the mighty Blues Brothers! That's just not right!

Or, as Judge Elihu Smails might say, that would be illegal.

Full post as published by South Florida Lawyers on March 18, 2009 (boomark / email).