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

Ruden Still in Growth Mode!

Posted on December 20, 2010
You know how Ruden indicated to The Intrepid One a few weeks ago that it was in growth mode and looking to hire some new associates, but then turned around and fired a bunch of dedicated staffers just in time for the holidays?Well it looks like that form of "growth" is continuing:The West Palm Beach office of Shutts & Bowen law firm has announced an end-of year expansion, bringing five new lawyers to the team...

Your Lazy Sunday NYT Clipping Service!

Posted on December 19, 2010
I don't want to get all Glenn Beck-y so early on a Sunday, but I wonder if there's some larger point that could be extracted from these very interesting stories in the Sunday Times:1. Tort reform is having a direct impact in Texas:The tort reform that state lawmakers passed in 2003 made it more difficult for patients to win damages in any health care setting, but especially emergency rooms...

Christmas Comes Early -- Administrative Order 2010-151 Has Arrived!

Posted on December 17, 2010
Santa Moreno just delivered an early holiday present -- Administrative Order 2010-151.I know I know, it's hard to stay contained -- deep breaths, people.Now don't get too excited, you don't want to break your new toy on the very first day, but here it is kiddies: there is now total and complete cosmic harmony between Rule 56 and the local rules with regard to the summary judgment briefing schedule!Rejoice rejoice (we have no choice)...

Blake Edwards RIP

Posted on December 17, 2010
Sorry I'm a bit late this morning, and for this off-topic post, but I wanted to say a few words about the unevenly brilliant director Blake Edwards, who passed away Wednesday at age 88.Macleans writer Jaime Weinman describes Edwards as the "Genius without Quality Control" and I think that's exceedingly apt...

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SFL Friday -- Florida Bar Finally Has Three Way!

Posted on December 17, 2010
Hey, don't blame me -- that's the exact headline in this Intrepid One exclusive:Florida Bar has 3-way race for president-electOk, so maybe there's a bit more to the headline, but I got a little fixated on the first part.Boy is this blog going downhill fast...

Judge Cope's Views on Prejudgment Interest Adopted by Florida Supreme Court!

Posted on December 16, 2010
He's a schmartie, that Judge Cope (pictured above).Back in 2009 he realized that it's pretty stupid that a trial court can't reserve on prejudgment interest, like it can on attorney's fees, and if it does the whole darn question of prejudgment interest will be waived if an appeal is taken...

Judge King Doesn't Like Contention Interrogatories.

Posted on December 16, 2010
Hey, neither do I.But what I really like about this Order, entered today in the Checking Overdraft litigation, is that the Judge articulates in an intelligent, reasonable way why exactly these rogs can go off the rails and also how to fix that problem, adopting Judge Brazil's innovative burden-shifting approach from 1985...

3d DCA Watch -- All Lawyers as Litigants Edition.

Posted on December 15, 2010
It's an frosty blistery day outside, but inside the bunker the robes are resplendently heated, the air smells like fresh gingerbread (Judge Emas has a new cologne!), and the coffee.....well it's cold, dark and bitter -- just how I like it!Let's jump in:Sotolongo v...

How to Become a Federal Judge.

Posted on December 15, 2010
You know that judge out in Virginia who just struck down the individual mandate in the new health care law?The one who owns a stake in a GOP consulting firm that has directly worked against health care reform? Turns out he wrote a memoir(!) in which very candidly explains -- boasts(?) -- about how he got to become a federal judge:After Congress created a new judgeship for the Richmond Division in the Eastern District of Virginia in 2001, Hudson expressed his interest and picked up the support of the state's two Republican senators...

Tom Tew Opens Hip New Boxing Gym!

Posted on December 15, 2010
I always preach fitness and health, particularly for lawyers in stressful jobs, so I'm thrilled to see Tom Tew getting behind this concept and putting his time and energy into something so useful:Stressed? Check. Failing miserably at the battle of the bulge? Check...

11th Circuit Reverses Magistrate Judge Torres and Uses Exclamation Point!

Posted on December 14, 2010
We've already been through the use of exclamation points in blog posts, in orders, and much delight has been had along the way.Now, suddenly, out of nowhere, the 11th Circuit has decided to weigh in on the exclamation point debate in a big big way -- oh hail, I'll let the 11th explain it:Jaguar failed to plead the administrative exemption as an affirmative defense in its Answer...

Your Daily Morning Luke Campbell Verdict Form.

Posted on December 14, 2010
Luke Campbell Verdict Form A fresh read (along with your coffee)...

Uncle Luke Wins Trial!

Posted on December 13, 2010
Full defense verdict!

Gator Nation, Attorneys Division, Happy With New Florida Coach.

Posted on December 13, 2010
I'm pretty sure any media discussion of the Gators or their various sports programs requires a "reax" quote from prominent Gator booster (oh yeah, also lawyer) Danny Ponce:?This is one of the great young coaches in the business,? said Danny Ponce, a UF trustee and Miami attorney...

Luke Campbell Case In Trial!

Posted on December 12, 2010
Luke Cambell Evidence Lesson Trial again on Monday before Judge Cooke, and on the eve of week two new counsel Richard Brodsky submits a tutorial on the difference between authenticity and admissible hearsay:The issue is whether the two returns of service, in the forms of affidavits from a process server, are admissible...

Carolyn Zegeer Endorsed by Tommy Shaw!

Posted on December 11, 2010
Miami attorney Carolyn Zegeer's dream to be the next Paradise Hunter has just moved one step closer to reality, courtesy of none other than former Styx guitarist Tommy Shaw:Tommy Shaw of Styx (co-writer of two songs in Carolyn's video) said, "Carolyn is perfectly qualified for the job...

SFL Friday -- Human Contact Is Good.

Posted on December 10, 2010
Hi kids, can you believe it's actually Friday?What a week.RIP Judge Pineiro. There are some wonderful tributes over at Rumpy's -- take a look.Congrats to Carlos Deupi, the new President of the Miami Finance Forum: The Miami Finance Forum (MFF), a non-profit trade association of investment and finance professionals in South Florida, today announced the election of Carlos Deupi as the MFF?s new Chairman...

Judicial Appointments Crisis -- Yawn.

Posted on December 10, 2010
As power begins to shift in Congress, judicial appointments continue to lag, with little to no public attention or even interest.Who's to blame?Some say Obama is too slow on his nominations, others that a partisan Congress is holding the nominations hostage...

More Fun and Lawsuits at Adorno-less Yoss

Posted on December 10, 2010
The Intrepid One? breaks an amazing story of a botched lawsuit, botched again, then apparently botched again:The malpractice case sprang roots 23 years ago when Jacobs Wind Electric and principal Paul Jacobs first began pursuing legal action against the Florida Department of Transportation in a patent case...

Magistrate Judge Brown Refuses to Sanction Plaintiffs!

Posted on December 09, 2010
I guess that's good news?Read the order and see for yourself:Interestingly, and not surprisingly, the response starts with attacking the Court and then jumps into the argument made at the hearing. The first paragraph of the order to which this is a response begins with the fact that "[N]o law has been cited for the filing of "objections" to a hearing...

Odds and Sods

Posted on December 09, 2010
Hey, what's with this weather -- when did we suddenly become New England?Congrats to Vivian de las Cuevas-Diaz, the new President of CABA -- I know it was a hard fought election between two cuties and the organization is fortunate to have so many talented and dedicated professionals involved in key leadership roles...

John Lennon RIP

Posted on December 08, 2010

3d DCA Watch -- Time to Start a New Book!

Posted on December 08, 2010
Sorry I'm a bit late this morning, as it took some time for me to get through all the 3d DCA opinions published today. Actually, not all the opinions, just one -- Payne v. City of Miami, which is only 134 pages long!By way of comparison, it recently took me about a week to finish John Steinbeck's The Pearl, a brilliant, under appreciated novel that is some thirty pages less than the 3d's latest magnum opus...

Does Anyone Really Care About Time?

Posted on December 07, 2010
I don't know if you guys know this, but Magistrate Judge Brown is presiding over a very interesting case.So interesting that the Judge is requiring the plaintiffs to explain in detail what happened from day one to the date an enlargement of time is sought:This matter is before this Court on Plaintiffs' Motion for Extension of Time ...

Are Federal Courts Growing Increasingly Partisan?

Posted on December 07, 2010
As the ten year anniversary of Bush v. Gore is recalled, not especially fondly (or worse -- ok, somebody likes it), an interesting debate is emerging over whether the federal courts -- on key politically charged issues -- are simply breaking down along partisan lines:"The constitutionality of health care reform has gone from a fairly obscure and almost frivolous issue to a litmus test for what judges stand for," Toobin says...

New Mel Gibson Movie Subtly Addresses Recent Controversies.

Posted on December 06, 2010
It's a slow news day, so let's talk new movies.I for one am excited about Mel Gibson's comeback vehicle The Beaver, the trailer for which is above.Sure when I first heard about it, I thought it was going to be another sappy, underwritten, "Dad-transformed" piece of holiday pablum, but I have to say Gibson's long-time friend Jodie Foster has really taken the concept in a fresh direction.

Supreme Court To Rescue Wal-Mart Employees!

Posted on December 06, 2010
Well, I guess it depends on your perspective:The Supreme Court on Monday agreed to hear an appeal in the biggest employment discrimination case in the nation?s history, one claiming that Wal-Mart discriminated against hundreds of thousands of women in pay and promotion...

Harris Buchbinder, Bodyguard?

Posted on December 06, 2010
Hey, we report you decide:Steven always traveled with a bodyguard, a practice that dated back to high school when his friend Harris Buchbinder filled the role.``If Steven was in a particular place, everyone had to know,'' said Buchbinder, who met Steven as a teenager and went on to become one his attorneys...

SFL Friday -- Carolyn Zegeer Needs You!

Posted on December 03, 2010
Sure there's a lot going on in the world right now, and many causes are desperately important, requiring us to act directly to protect vital personal and national interests, assist others, and perhaps even help save the world.But I think we can all agree there are few causes more significant to the South Florida legal community than ensuring that Miami attorney Carolyn Zegeer is voted the next Paradise Hunter, whatever the hail that is:Carolyn Zegeer, Television Host, Model, Writer, Producer and Attorney is votes away from achieving the next milestone in her career ...

11th Circuit Applies Iqbal "Judgment" and "Experience" to Tempur-Pedic Antitrust Complaint; Complaint Now Sleeps With the Fishes

Posted on December 03, 2010
Courtesy of the Chef, I see that the 11th Circuit yesterday applied Iqbal to an interesting antitrust complaint alleged against those crappy, overpriced flexible beds, and found the complaint lacking in terms of alleging a submarket specifically for crappy, overpriced flexible beds:Here, because the district court dismissed his complaint based on its legal insufficiency, Jacobs argues that he did not have the chance to add facts in discovery which would have established visco-elastic foam mattresses as a separate relevant product submarket...

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