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

Was Buju Banton Entrapped?

Posted on January 28, 2010
bujubantonmotion That's what our friend David O. Markus seems to be suggesting in this provocative filing made in the Buju Banton case in the MD FL.Come and listen to a story about a man named Mark a/k/a Buju:3...

FSC TCPA -- TCOB!

Posted on January 28, 2010
I guess that business about excessive acronyms hasn't sunk in.Today the Florida Supreme Court answers a certified question from the 11th Circuit on whether junk faxes fall within the scope of widely used commercial insurance policy language, and answers YES:The coverage issue in this insurance dispute concerns whether, under Florida law, the sending of an unsolicited advertisement by fax, in violation of the federal Telephone Consumer Protection Act (?TCPA?), 47 U...

Kim Rothstein Speaks!

Posted on January 27, 2010
Via Bob Norman.And her interview yesterday with WSVN is here.Meanwhile, Kim's attorney Scott Saidel has a plan to be paid:Though the U.S. government has seized assets from her husband worth untold millions, she still has access to some funds. One of her attorneys, Scott Saidel, said he's not being paid but expects he will be when the dust settles and marital assets that the couple obtained before the Ponzi scheme began are returned...

3d DCA Watch -- A Canker On Both Your Houses (Miami-Dade and Broward)

Posted on January 27, 2010
I know I know, everyone wants to talk Scott and Kim Rothstein, but there are plenty of other places to get your fix.Yes, Scott pled guilty and his plea agreement is here.Yes, Kimmie stood by his side and made a statement outside the Courthouse.Yes, her "bodyguard" got pushed around and thrown to the ground afterwards by a pencil-neck reporter with a notepad...

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"Work Shall Set You Free"

Posted on January 27, 2010
Today is International Holocaust Remembrance Day.Watch the new Yad Vashem exhibition on Auschwitz here.

Propaganda All Is Phony

Posted on January 26, 2010
I'm in a pissy mood this morning.I guess what bothers me the most is that today I actually agree with Glenn Garvin.Blind pig etc.Did you see this great Julie Kay article on all the money lawyers will be making out of the Rothstein mess?I think Judge Stettin and the bankruptcy lawyers will make out, but I have my doubts on the investor suits...

Ervin Gonzalez Withdraws From Bar Presidency Race!

Posted on January 26, 2010
That's too bad, but drywall drywall drywall:Friends: A trial date has been set for the Chinese Drywall litigation. I find that my clients' current needs are overwhelming and that I must focus on their needs rather than my goal to become President-Elect of The Florida Bar...

DC Circuit Not A OK W/ Acronyms

Posted on January 26, 2010
Just got this smart note from the DC Circuit: UNITED STATES COURT OF APPEALS District of Columbia Circuit*****************************************************NOTICE*****************************************************The D.C. Circuit Rules permit the use of abbreviations, including acronyms, in briefs, provided the brief contains a glossary defining the abbreviations, other than those that are part of common usage...

Middle District US Attorney Fight Goes Public

Posted on January 25, 2010
Does anyone care at all about the Middle District?I guess so, since sometimes we have to go up there and litigate cases and all.So I suppose you heard about the fight over the potential MD FL US Attorney selection:The accusations against one include an extramarital affair with a subordinate, helping a terrorist organization raise money and compromising important public corruption investigations...

Reunited!

Posted on January 25, 2010
And it feels so good:With over 24 years of intellectual property and commercial litigation experience, Janet T. Munn has joined the partner ranks at the Coral Gables-based law firm Rasco, Klock, Reininger, Perez, Esquenazi, Vigil & Nieto. Her expertise includes: class action defense, intellectual property, mass tort and products liability defense, media law, and domestic and international arbitration "We are very excited to have Janet as one of our partners...

Don't Sell Kimmie's Photos!

Posted on January 22, 2010
Kim Mi Emotion So everyone is talking about the Scott Rothstein auction tomorrow, which we've previously covered here.Yawn.Is it just me, or does most of it look like low-rent Fort Lauderdale office crap?But in swoops Hinshaw's Michael Seese, determined to preserve the honor of Kim Rothstein, or at least the sale of her photographs:In an effort to facilitate SWR's request, SWR is now only requesting that any photograph including his wife, Kimberly, be excluded from the Sale, in addition to those items the Trustee has already agreed to exclude (collectively, the "Excluded Items")...

SFL Friday -- White Men Can't Think Either.

Posted on January 22, 2010
Well it's been a rough week and I'm starting to ease my way out of the office to catch a few waves.I know a lot of you weekend warriors fashion yourselves to be "good" basketball players, so you may be interested in this new and exciting B-Ball league...

Paging George L. Metcalfe!!

Posted on January 22, 2010
Hoo-boy, fresh from testifying as a character witness for Hank Adorno, Herald outside counsel Sand "Sandy" Bohrer takes to the Herald editorial page to shoot a Cheney-sized load of buckshot straight into the handsome-but-not-in-that-kind-of-way kisser of none other than our own George L...

Talk About A Hostile Work Environment!

Posted on January 21, 2010
The 11th Circuit wades into Carlin's seven dirty words and more in this hostile work environment opinion out of the ND AL.Oy it's way too rich for a family legal blog but I'll let Judge Marcus explain it:We recite the profane language that allegedly permeated this workplace exactly as it was spoken in order to present and properly examine the social context in which it arose...

Judge Moreno Spanks Lawyer For Missing Deadlines

Posted on January 21, 2010
Order Denying Extension Hey, what's the big deal, it was just a deadline to file a notice of appeal?Let's see, first you lose the case.Then you get hit with an order granting defendant $550k in attorney's fees plus another $80k in costs...

3d DCA Watch -- Shepherd Salter and Schwartz Power Trio Edition

Posted on January 20, 2010
Remember when rock stars for no apparent reason used to form "supergroups"?It was kind of like the Avengers or Marvel Team-Up, but with more drugs and less spandex (actually, I take that last part back).My personal favorite was when Jeff Beck joined up with a few other then mildly-famous guys to create a sludge rock fest known -- creatively -- as Beck Bogert and Appice LLP...

Clone Wars!

Posted on January 20, 2010
I love a good clone movie.Let's see, just off the top of my head you have Bladerunner of course, Boys from Brazil, recently we've had The Governator in The 6th Day and the lovely Jordan Two Delta a/ka Scarlett Johansson in the otherwise execrable The Island...

Hot Tea on Tea Party Action!

Posted on January 19, 2010
SFTP v Tea Party You know, at least to me, they were much more interesting when they were "tea baggers...

One More New Year's Resolution.

Posted on January 19, 2010
Hi folks, I hope everyone gave something back yesterday and did a mitzvah of some kind for somebody else.I'm going to work on one of my New Year's resolutions and go at least a day (part of a day?) and try to only write positive things, like how this Time Magazine story on Scott Rothstein really makes us all look credible as a legal community:Scott Rothstein is your typical South Florida wannabe...

Leighton v. Leesfield Amended Complaint

Posted on January 17, 2010
Leighton Amended Complaint Hi folks, it's a rainy Sunday and I just made a hot cortado, lit my cigar (Cohiba of course, former Judge Doyle) and sat down for a little light reading...

The Tew Cardenas Rumors Are True.

Posted on January 16, 2010
Several of you have been speculating about this for a while, and it's true -- five Tew Cardenas partners, including recent New York wine purchaser Tom Lehman, have announced the formation of their new firm:Managing partner Thomas Lehman and partners Stuart I...

Leighton v. Leesfield, Round Two!

Posted on January 15, 2010
ORDER Denying Def Mot to Arbitrate Anyone remember the messy legal divorce of longtime partners John Elliott Leighton and Ira Leesfield?Well Judge Gill Freeman just entered an order denying Ira's motion to have all matters sent to arbitration...

Note to Steve Zack: Bring The Claude!!

Posted on January 15, 2010
Ok, the countdown is on as we get ready for Steve Zack's big speech at the DCBA lunch today.I am sure you have heard it around the courthouse, at the restaurants, on Brickell, at various Bar events etc. -- the buzz building, the clamor rising, the growing sense of anticipation as more and more judges and lawyers stand up and demand from Steve what HE MUST NOW DELIVER TO HIS ADORING FANS:Yes yes yes! I of course refer to The Claude:The trick to capturing Pepper?s thick Southern accent is to puff the cheeks, according to Zack...

Judge Huck Yo Yo Yo-Plus

Posted on January 15, 2010
Yo Plus Cert Does "probiotic" yogurt work as advertised? Should you pay more for it?That's the question framed by this 1/11/10 class certification order by Judge Huck, which deals with Yoplait's "probiotic" yogurt, Yo-Plus...

SFL Friday -- Where Is The Harmony, Sweet Harmony?

Posted on January 15, 2010
Ok folks, I'm reaching early afternoon burn out.Thanks to all the tipsters, readers, snarky commenters and others who helped us (barely) get through another week.Opposing counsel and recalcitrant judges....uhh, not so much.I got a note that Mike Haggard is helping to sponsor a Haitian relief event tonight, details here...

SCOTUS Bans Broadcast of Proposition 8 Trial

Posted on January 14, 2010
More or less agreeing with Ed Whelan, a divided Supreme Court upheld its temporary ban on any broadcast of the Proposition 8 trial before ND CA Judge Vaughn Walker.You can read the opinion here and Scotusblog's roundup here.The per curiam opinion was joined by Chief Justice Roberts and Justices Scalia, Kennedy, Thomas and Alito...

Lawyer: Majority of RRA Attorneys Not Crooks!

Posted on January 14, 2010
Ok, let me start with a few congrats -- Manny Diaz is going to join Richard Lydecker's insurance defense firm, and Marcos Jimenez is leaving Mike Nachwalter's firm to join the Miami office of Kasowitz Benson.I'm usually leery of out-of-state big firms setting up offices in Miami, but this one has a lot of potential:Jimenez joins former Akerman partners Lawrence D...

Nice Parking Spot!

Posted on January 14, 2010
Signs/schmigns, who cares?Jim Ferraro's SUV parked outside the Courthouse this morning.

This Time An "International Business Law Advisor" App!

Posted on January 14, 2010
Santiago A. Cueto doesn't just want Jason Turchin to have all the fun, so Santiago introduced his own "International Business Law Advisor" app for the iPhone:The App is yet another way we can add exceptional value to our readers utilizing cutting edge technology...

Cold Again?

Posted on January 13, 2010
It's still cold and I'm starting to get grumpy.Is there anything worth talking about this morning?Let's see, Scott Rothstein will be in Court today, where he will waive waive waive to his adoring fans:Rothstein, now disbarred from practicing law, has already said through Nurik that he thinks Nurik has no potential conflict of interest and he is willing to give up his right to appeal any conviction or sentence on those grounds...

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