Thursday, September 01, 2005


Bananas are in federal court. The Miami Herald reports: "Suspicions of banana price fixing in Europe have touched off a rash of U.S. class-action suits against the biggest names in bananas -- Chiquita, Dole and Del Monte -- alleging the corporations conspired to hike the price of the world's most popular fruit. At least eight complaints have been lodged in U.S. District Court in Miami against Chiquita Brands International, Dole Food Co., Fresh Del Monte Produce and Grupo Noboa, alleging the four companies and subsidiaries exchanged information in order to fix banana prices." The article mentions that lawsuits have been filed by numerous firms including Hanzman & Criden of Coral Gables, and Shepherd, Finkelman, Miller & Shah of Fort Lauderdale. reports that Judge James Hill (from the 11th Circuit) is not happy with the rule in the 11th Circuit that says that if an argument is not raised in an appellant's initial brief, then it is forever waived -- EVEN IF the Supreme Court changes the law after you have filed your initial brief. I have written about this rule before and have a cert petition pending in the Supreme Court challenging the rule. Here is Judge Hill on the issue: "The Bordons should have claimed relief under Booker -- before Booker was decided! For this precedent I am sorry. Stare decisis is an important doctrine, but I trust that, from time to time, it might be tempered with fiat justitia ruat coelum." (The last four words, from Latin, mean "Let justice be done though the heavens may fall" and are the motto of the Supreme Court of Georgia.) Contrasting the 11th Circuit with other appeals courts that have allowed broader application of Booker, Hill wrote, "I should like to think that a court would want to correct an erroneous sentencing of incarceration -- if an efficient and prudential method could be devised to do so. We must feel that we cannot. Yet, the other circuits in this country seem to be doing so -- and surviving!"

BTW, I am going on vacation to North Carolina tomorrow and may be without access to the internet. If so, and if I can't get my co-blogger (anon) to turn on his computer, then it may be a little quiet until next Wednesday.


Anonymous said...

How will you survive without Internet access?

David Oscar Markus said...

I'm not sure I will.