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

Random Thoughts In My Head.

Posted on August 27, 2009
I'm having some trouble organizing my thoughts this morning, so let me just lay out what's jogging around in my brain right now.....you guys tell me if any of this is somehow related:You know there's something wrong with Iqbal when Judge Posner questions its application in run of the mill federal cases: In our initial thinking about the case, however, we were reluctant to endorse the district court's citation of the Supreme Court's decision in Bell Atlantic v...

3d DCA Watch -- Ron Paul Teebagy Edition

Posted on August 26, 2009
You know what they say, justice delayed is justice.....won't get fooled again?(Damn!! I always screw that up.)BTW, I have it on very good authority that Tallahassee -- as usual -- messed things up and caused a technical problem which resulted in the delay of our weekly breath of fresh judicial air...

3d DCA Pub Crawl!!

Posted on August 26, 2009
I know everyone's anxiously waiting for 3d DCA Watch, but the pesky tubes are not cooperating and they still only have posted the opinions from last week.In the meantime, I see that beginning August 25th the 3d DCA has organized an FIU Oral Argument Pub Crawl, starting out at the concrete bunker and culminating with a kegger at FIU Law School...

Hey, I (Almost) Agree With Glenn Garvin!

Posted on August 25, 2009
Boy it's slow out there, huh?I was going to point out that anybody with a law license is now apparently under consideration to be the next United States Senator, but I see my friends over at Riptide beat me to it.So let's talk Glenn Garvin.It's certainly a legitimate political and rhetorical tool to point out when the other side is being hypocritical...

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J.B. Harris: A Day Late, A COBRA Short.

Posted on August 25, 2009
Did any of you know that J.B. Harris once worked at United Auto?I didn't, but according to this 11th Circuit opinion his tenure as in-house counsel was apparently pretty brief.Once he stopped working there, he continued to maintain his own health insurance coverage through COBRA -- which if I'm not mistaken is an early, more euphemistic government variant to the Obama Death Panels...

Free Speech Rights?

Posted on August 24, 2009
More on Tom Julin -- now he's busy representing BigPharma and lobbyists.I don't have a comment on this, other than that is possibly the worst photo I have ever seen of Tom Julin.Is that Tom or the Kingpin from Spiderman?There, now I have exercised my free speech rights.

D'oh!

Posted on August 21, 2009
Have you seen this letter sent to local blogger Random Pixels by GT attorney Ian Ballon on behalf of his client the Miami Herald?I guess the Herald is upset over whether or not photos from their website are reproduced on blogs in thumbnail or "full-size"?As if that determines whether or not the photos fall within the protections of the fair use doctrine?Here is Ian's contention:"Because fair use looks to the amount and substantiality of the portion taken (both in terms of quality and quantity), reproducing entire articles, large excerpts of articles or large-size photos is not permitted...

SFL Friday -- Pump It Up Edition.

Posted on August 21, 2009
Divorces are messy things.The kids, the finances, the house, sometimes even the dog.But who the hail cares about that stuff -- to me the most important issue is who gets custody of the x-rated pictures:When a marriage goes bad, who gets the X-rated photos of the wife? In the case of Valeria Gentile and Erwin Cajamarca, the wife says she does...

When the S*&T Hits The Fan.

Posted on August 21, 2009
Boy it's a crazy day out there for South Florida lawyers, huh?First there's this blockbuster story from the always intrepid Julie Kay taking a look at the John Leighton-Ira Leesfield breakup.Among the more interesting allegations is that Ira installed spy software, bought lots of fancy things, and used his shop to bankroll Hillary's Florida campaign -- in other words, a day in the life at my firm...

Don't Like Arbitration Award? Have District Court Confirm It First.

Posted on August 20, 2009
This is a pretty clever resolution to an arbitration problem that was just affirmed by the 11th Circuit.Problem was some monies were not properly credited to one of the arbitrating parties because the issue was not discovered until after the arbitration award...

Hey, At Least They Spelled The Name Right.

Posted on August 19, 2009
You know what they say about getting your name in the press -- it's all good.So by that measure I suppose this is a positive development: In March, a federal jury in Richmond, Virginia convicted Okun of wire fraud, money laundering, smuggling, perjury and conspiracy, following a three-week trial...

3d DCA Watch -- Judge Shepherd Has Declined Your Invitation Edition!

Posted on August 19, 2009
Hi kids!Well summer has finally made its way down to the fortified concrete bunker of justice, that hallowed spot by the highway where the Resplendently Robed Ones swill their free coffee and ply their shiny judicial wares.Indeed, there are only two civil opinions this week, and one is a child dependency case, so that one doesn't even really count...

Guy Bailey Jr. Disbarred.

Posted on August 18, 2009
Remember Guy Bailey?He used to be a fairly prominent litigator who frequently appeared in federal court on commercial matters of various kinds.Board-certified for many years, even filed a brief with Alan Dershowitz, partners with several lawyers in town...

Sealed!

Posted on August 18, 2009
Judge Thornton seals the Hirsch tapes:A Miami Beach man attempting to overturn his DUI manslaughter conviction was handed a setback today when a Circuit Court judge ruled that a secretly made tape recording did not show prominent defense attorney Milton Hirsch urged his client to flee the country rather than face trial...

Free PACER?

Posted on August 17, 2009
Are you one of those cheapskates who can't afford $.08 per page just to see how brilliantly some lawyer cites Iqbal in a boilerplate motion to dismiss?Well, your prayers have been answered (h/t to a loyal reader):The Solution: RECAP, a Firefox-only plugin, that rides along as one usually uses PACER ? but it automatically checks if the document you want is already in its own database...

Burton Young Schools George L. Metcalfe (Using Only Words!)

Posted on August 17, 2009
Most people are aware of (sick of?) Steve Zack's Claude Pepper impression.Less known is my spot-on impression of friend and noted mensch Burton Young.Sure it sometimes lapses into a passable George Burns, but when you think about it, so does Burt.Anyway, Burt knows what he is talking about, and has this to say about the ban on gay adoption in Florida:Florida?s bizarre ?law? was passed more than 30 years ago during the anti-gay hysteria of Anita Bryant?s Save Our Children campaign...

Bowman Brown Also Had Nothing To Do With Representing Stanford's "Outside Wives" Either.

Posted on August 14, 2009
Quick question -- how many "outside wives" do you have?R. Allen Stanford had the customary number -- no more, no less -- for a Miami bigshot who was bilking investors for billions from his base at the Miami Center.I mean, the guy's not greedy or anything...

SFL Friday -- Have A Super Nice Death Panel Weekend!

Posted on August 14, 2009
Hi kids!So I see one of those fancy government death panels finally got to Les Paul.RIP, old man.Indeed, I got so emotional over Les' passing that I pulled out my old Keytar and jammed with Eddie Van Halen to celebrate the great man's life and legacy...

Bobby Brochin Explains Iqbal (Did I Just Write That?)

Posted on August 13, 2009
You know that whole new "conceivable" no, "plausible" yes pleading standard we've been talking about -- also known as one step over the line, sweet Iqbal?Well my friend Bobby Brochin understands it --I mean really groks it -- and succinctly explains the otherwise curiously vague standard right here:Added Robert Brochin of Morgan, Lewis & Bockius, who represents Panamco: "The ruling reiterates that before you can file a lawsuit, particularly one brought under the banner of human rights abuses, you have to be able to plead facts that form a plausible legal theory...

Your Regularly Scheduled GG Update.

Posted on August 13, 2009
Francisco Alvarado has done some great reporting on the continuing Sean Casey/Milt Hirsch secret tapes saga, which brought none other than the big man himself, Tom Julin, into Judge Thornton's courtroom this afternoon to seek the release of the tapes...

Is Roberto our next U.S. Senator?

Posted on August 12, 2009
I've not gotten into the local online frenzy over who will be our next caretaker Senator before the election, mostly because I was unaware that Mel Martinez was in fact still a sitting Senator.Didn't he already retire?Was he ever actually our Senator?He is a nice guy with a compelling life story but was kind of a ghost Senator, much as he was a ghost litigator back when he practiced at Akerman...

3d DCA Watch -- Blue Meanie Fishing Expedition Edition

Posted on August 12, 2009
Hi kids! I'm jazzed up today, and not just because it's that sacred of days when the Resplendently Robed Ones do their thang, as the youngsters say.Speaking of death panels, I know I've had more than a few down at the 3d, but I'm much too demure and professional to name names so you all will have to employ your vivid imaginations on that one...

The Eleventh Circuit Goes Iqbal-Crazy!

Posted on August 11, 2009
Iqbal Iqbal Iqbal.I'm already sick to death of this opinion, and the mania over it has not yet even started.As I have written before, Iqbal is the standard of review legal equivalent of flatbread -- inert, tasteless, yet somehow incredibly trendy and inexplicably popular...

When Law Professors Litigate.

Posted on August 11, 2009
Ever think back and wonder how some of your law professors might do in the courtroom?I don't mean the former practitioners who are adjuncts or who have recently switched careers, but the old-timers, the eccentrics deeply steeped in academia who believe at any one time that they are the smartest guy in the room, and who wear that self-knowledge along with their eccentricities like a crown...

Melanie!

Posted on August 10, 2009
I was going to stop my post right there, it works for me.Ok ok, here's what I was going to say --I don't know all that much about the merits of Charlie's lawsuit against WPLG, but he has a very good lawyer:Perez, 46, now plans to add a retaliation charge to his complaint, his attorney Melanie E...

Is Bob Zarco Really That Rich?

Posted on August 10, 2009
A tipster pointed me to Survivor producer Mark Burnett's new reality show, How'd You Get So Rich, starring the irrepressible Joan Rivers.You can watch the entire first episode here.The show features three rags-to-riches stories, where Joan visits their homes, looks at all their fancy stuff, and basically cracks a lot of jokes...

Beth Reinhard Undermines Own Premise.

Posted on August 08, 2009
I like Beth, and think she's been a good addition to the Herald's political coverage.But in today's column she blows it big-time.She starts with an exceedingly tired Broder-like premise -- there are two sides to every issue, and the truth lies somewhere in between: Conjuring the ghosts of the 2000 presidential election, White House Press Secretary Robert Gibbs this week compared the protesters crashing town hall meetings on healthcare around the country to the ``Brooks Brothers Brigade in Florida...

Spiritus Mundi.

Posted on August 07, 2009
So let's see -- computer monsters attack your awful "Twitter," that wise Latina was confirmed, and Judge Gold will be holding a telephonic hearing this morning in the UBS case.Wait a minute, I have one more:Should securities laws govern the sale of condo-hotel units?Jared Beck thinks so:"These were not simple real-estate purchases," said Jared Beck, an attorney in Miami who is working on dozens of suits against condo-hotel developers...

What's So Gay About It -- The Return of George L. Metcalfe!

Posted on August 07, 2009
Hi kids!Anybody remember George Metcalfe?He's the Leesburg lawyer who generated some significant commentary on this blog when he wrote a demure, entirely uncontroversial letter that was published in the Florida Bar News back in May.That letter had some pretty vanilla statements like this:Ultimately, nothing is as repulsive and emasculating to adolescent boys as being recruited for gay sex...

Bowman Brown Recounts Stanford Anecdote For Last Person in Miami Unaware of Story

Posted on August 06, 2009
I suppose there is a small possibility somebody somewhere has not yet heard Bowman Brown recount his nearly perfect Gore Vidal-level anecdote regarding R. Allen Stanford.For example, maybe somebody living under a rock (highway underpass?), or somebody who just came out of a coma, or a recently-freed prisoner from a notorious French penal colony, somebody like that...

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