Well-Deserved Award Recipients (Past and Future)

By John R. Byrne

Sharing some news from the awards circuit. This past Tuesday, the American Jewish Committee presented its Learned Hand Award to attorney Bobby Gilbert. In addition to being an exceptional lawyer (and golfer), Bobby is a great person who has done so much for the Jewish community, both here in South Florida and abroad. Plus, he graduated from the best high school in the country, Miami Palmetto Senior High. Several of our state and federal judges were there to celebrate Bobby. 

Next up, on May 28, 2026, Transition will honor Judge Raag Singhal at its Heroes Reception. Transition does important work helping people leaving the prison system reenter our community. 

Two well-deserved recipients and causes.  

Vodou Assasination Expert?!

 By John R. Byrne

The big trial involving the assassination of the Haitian president is winding down. Closing arguments could be next week. And this sounds like it's been an interesting one. Just this week, the defense attempted to call a Vodou expert. Yes, a Vodou expert. The theory was apparently that the manner in which President Moise's body was treated after being murdered (both his arms were broken and his face "was destroyed") suggested something more or different than a simple assassination for pay.  

But Judge Becerra wasn't going for it. “I find it curious that a Vodou priest would be able to take the stand and say that he is well-versed in Vodou assassinations, which appears to me to be something, on its face, impossible because it’s not something that that religion condones."

I guess we'll never find out what the hourly rate of a Vodou expert is.

The Herald recaps where things stand here. 

Increasing the Price of Admission to Federal Court

By John R. Byrne

Since 1996, for diversity cases, the price of admission to get your lawsuit into federal court has been $75,000-plus — i.e., the amount in controversy had to exceed $75,000.

It’s safe to say that a dollar doesn’t go as far today as it did back then. And, finally, it looks like Congress may do something about it. Last week, Rep. Laurel Lee introduced the Federal Diversity Jurisdiction Modernization Act. If passed, the Act will raise the amount in controversy from $75,000 to $500,000. To give you some context, $75k in 1996 is roughly equivalent to $158k today, so this is more than just an inflation adjustment.

The reason for the increase? Our federal courts are slammed. Since 1990, federal filings have increased by 30% while the number of authorized district court judgeships has grown by only 4%. Legislation creating more judgeships has stalled out because of political bickering, so this looks like an alternative path to addressing the federal caseload.

This is long overdue. But the Act needs a cooler name. How about the “Don’t Make a Federal Case Out of It” Act?

You can read the press release for the Act here. 

Roy Moore's $8.2 Million Verdict Goes Poof at the Eleventh Circuit

By John R. Byrne

Do you remember Roy Moore? He was the Republican nominee in the special election to fill the Alabama Senate seat Jeff Sessions vacated when he became Attorney General. You may also remember the wave of news coverage reporting allegations that several women had accused Moore of inappropriate sexual conduct when they were young.

Moore later sued a political action committee (Senate Majority PAC) over a political ad that quoted and juxtaposed some of those reports. A jury sided with Moore, finding the ad defamatory and awarding him $8.2 million in compensatory damages.

But Moore will not be collecting a penny. In an opinion issued Friday, the Eleventh Circuit held that the trial court should have granted judgment as a matter of law to Senate Majority PAC. The issue was not simply whether the ad could be read to imply something defamatory (the Court said it could). The problem for Moore was that, because he was a public figure, he had to prove that the PAC acted with “actual malice." The court found the evidence lacking on that front, emphasizing, among other things, that the ad quoted and cited existing news reports and that the PAC had a fact-checking process before publication.

It's just the latest case applying the NY Times v. Sullivan standard, a standard that's come under fire recently from judges in our circuit (both district and appellate). The panel in the case again acknowledged the criticism of the Sullivan standard in a footnote, writing that "unless and until the Supreme Court decides to revisit the actual malice standard, we must continue to apply it."

You can read the opinion here.

Alligator Alcatraz Injunction Vacated

By Jordi C. Martínez-Cid

As a follow-up to the last post about Alligator Alcatraz, the Eleventh Circuit has reversed and remanded the preliminary injunction issued by Judge Williams. Judges Pryor and Brasher were in the majority with Judge Abudu in dissent.

There has been a trend, even in appellate opinion writing, to use simpler, more forceful language. The disssent's conclusion fits right in: "In sum, the majority, under the guise of de novo review, disregards the district court’s well-supported factual findings in favor of its own, thereby blurring in more than just an idiosyncratic way, the important distinction between legal conclusions and factual findings. [...] Therefore, the majority’s decision to vacate the district court’s order is just plain wrong. I dissent."

The full opinion is available at this link.

Judge Eugene Spellman

By John R. Byrne

Today we're featuring the portrait of Judge Eugene Spellman. Like a few of the judges we've featured before, Judge Spellman was a "Double Gator," getting his undergraduate degree from UF in 1953 and his law degree in 1955. Appointed to the federal bench by Jimmy Carter in 1979, he served until 1991 (leaving the bench just a week before his death from cancer at the age of 60). His most historically significant public case appears to be the Haitian-refugee litigation in Louis v. Nelson / Jean v. Nelson, discussed more below.

I don't know much about Judge Spellman, but it's clear that his colleagues must have liked him because the attorney lounge in the Wilkie D. Ferguson courthouse is named after him. 

FBA write up here:

Judge Eugene Spellman was nominated to the district court by President Carter in 1979; he served on the court until 1991. In 1982, Judge Spellman held in Louis v. Nelson, 544 F. Supp. 973 (S.D. Fla. 1982), that a policy by the Immigration and Naturalization Service, which resulted in the detention of Haitian migrants, was unlawful, resulting in the release of hundreds of migrants who had been unlawfully detained. Known for his humor and empathy, Judge Spellman was remembered as follows: “His personal and professional integrity and the intellectual rigor with which he confronted his tasks were beyond reproach.”

Update on Brennan probe

 In an update to John's post below, here is the Legion of Doom the official photo swearing Joe DiGenova in today:

 

JUST IN: Former US Atty for DC Joe diGenova sworn in as a counselor to the attorney general to pursue alleged anti-Trump conspiracy related to 2016 election. Official photo: pic.twitter.com/R7t4MmSEM5

— Josh Gerstein (@joshgerstein) April 20, 2026

Miscellaneous Monday

By John R. Byrne

Our country turns 250 years old on the Fourth of July and, to mark the occasion, Judge Bloom is hosting a National Law Day of Action on May 1 at the Wilkie D. Lawyers will symbolically re-take their oaths during the ceremony. You can RSVP here. Space is limited, so, if you're interested, you should sign up sooner rather than later. Just email Judge Bloom's chambers email, which is included in the link.

The blog proprietor would never post this Politico article himself. But if it were about any other lawyer from our district, we'd be all over it. It’s a fascinating read, with some behind-the-scenes insight into a few of the biggest cases in our district and the country.

Also, some big local news landed late afternoon on Friday. The DOJ probe into ex-CIA director James Brennan over the Trump-Russia investigation is now being helmed by Joseph diGenova. DiGenova is a former Trump attorney and is replacing SDFLA prosecutor Maria Medetis Long. Article here. 

And, in non-legal news, if you've grown up in Miami, there's a good chance you've stepped onto one of those oversized scales in Publix. It's a tradition that sadly may be going away. The company that makes the scales stopped manufacturing them in 2015, and new Publixes are opening without them. Herald covers that here.