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Toe-Tapping Lawyer Controversy Stays On High Road -- Ends Amid Charges of "Racial Slant."

 Motion to Reconsider

Ok, since we last checked in the Court denied the footsie motion, then plaintiffs moved to reconsider, then Magistrate Judge Brown denied the motion to reconsider (all links are Scribd).

There's a treasure trove of material in there, but I'm going to put up the plaintiff's motion to reconsider, because pound for pound it's a start to finish must-read.

BTW, I scoured the reconsideration motion for the source of this seemingly out of nowhere comment by the Judge in his order denying reconsideration: 

The court will not dignify the racial slant with a response.

Where did that come from?

Although it took me many hours of careful review, I think I may have found what prompted it:

It must be noted that the only witness asked as to whether or not he had been convicted of a felony and whether or not his employer had represented him in the past, was of the young African-American witness, and not of the other two witnesses.

All I can say is since the Court struck the plaintiffs' jury demand this is going to be one very interesting bench trial.

Full post as published by South Florida Lawyers on November 03, 2010 (boomark / email).