The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Monday, December 15, 2025
Jason Reding Quiñones sworn in
Thursday, December 11, 2025
Judge Atkins
Ever heard someone mention the "Atkins Building" or "Atkins Courthouse"? It's located across from the Wilkie D. and it's where many of our magistrate judges currently sit. The courthouse is named after Judge C. Clyde Atkins. A tribute from UF law school described him as a "champion of civil rights and a defender of those who were less fortunate." Among his important rulings were his orders desegregating Miami-Dade County Public schools (Pate v. Dade County School Board, 315 F. Supp. 1161 (S.D. Fla. 1969).
FBA write-up below.
Wednesday, December 10, 2025
Judge Smith Orders Release of Epstein Grand Jury Transcripts
Tuesday, December 09, 2025
Blogger Returns
By John R Byrne
Cue the “Welcome Back, Kotter” theme music. After a three-month-plus long civil RICO trial in state court, DOM is back at his desk at SDFLA Blog HQ. The verdict? A mistrial. Oof. Then again, any day your corporate client isn’t told by a jury to stroke a check for $1.2 billion has to be a good one. The trial ended with some drama, with one juror accusing another of misconduct in a note apparently crafted with the help of AI (the judge concluded the allegations were not credible). Oh, and jurors dressed up like Dr. Seuss characters from “The Cat and the Hat” on Halloween. Federal judges with Halloween trials take note! Article on the trial is here.
A different deliberative body had no issue delivering its verdict on Saturday. The College Football Playoff Committee released the greatly anticipated 12 team playoff slate. No lack of drama here either. Like a high stakes version of musical chairs, there were three teams (Miami, Notre Dame, or Alabama) fighting for two at-large playoff seats. The CFP went with Miami and Alabama.
Miami was a no brainer. But putting Alabama in over ND was just criminal. Alabama had three losses and looked awful over the past month, losing to Oklahoma, squeaking by a terrible Auburn team, and getting walloped by Georgia on Saturday. What drove the committee’s decision? Basic SEC bias? Fear of the potential wrath of powerful SEC commissioner Greg Sankey? A five-minute Zoom call with universally loved federal judge and diehard Alabama fan James I. Cohn? These are the questions we want answers to!
Thursday, December 04, 2025
Judge Mehrtens
Today we're featuring Judge William O. Mehrtens. Longtime district court judge (served 15 years). Double Gator. Served as a lieutenant commander in the Navy during World War II. Best remembered for his important opinion backing treasure hunter Mel Fischer in his dispute with the State of Florida over the wreck of a 17th-century Spanish galleon carrying hundreds of millions in treasure. Case went all the way to the Supreme Court, which mostly affirmed Mehrtens's ruling. Check out that opinion here. I like this quote: "As grave as the perils of sea are and were, the gravest perils to the treasure itself came not from the sea but from two unlikely sources. Agents of two governments, Florida and the United States, who have the highest responsibility to protect rights and property of citizens, claimed the treasure as belonging to the United States and Florida."
FBA write up below.
Judge William O. Mehrtens was nominated by President Lyndon B. Johnson and served on the district court from 1965-1980. Prior to his judicial service, Judge Mehrtens served in the U.S. Naval Reserve during World War II. In Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing Vessel, 459 F. Supp. 507 (S.D. Fla. 1978), Judge Mehrtens ruled that Treasure Salvors, Inc. retained exclusive rights to treasure, including “gold, silver, artifacts, and armament” salvaged from the sunken Spanish vessel Nuestra Señora de Atocha, rejecting Florida’s competing ownership claims.
Wednesday, December 03, 2025
Who do you think won the Megan Thee Stallion trial?
A jury in Miami, Florida, on Monday found an online commentator liable for defaming rapper Megan Thee Stallion and intentionally inflicting emotional distress on her by coordinating with the rapper who’s in prison for shooting her five years ago.
Milagro Cooper also was found liable for promoting a digitally altered sexual depiction of Megan.
Jurors awarded Megan $75,000 in damages, though that will drop to $59,000 if U.S. District Judge Cecilia M. Altonaga agrees with the jury Milagro qualifies as a media defendant and dismisses the defamation claim because Megan’s lawyers at Quinn Emanuel Urquhart & Sullivan, LLP, didn’t notify her before they sued her.
Milagro’s total amount due could increase substantially, however, because the sexual depiction claim allows Megan to recoup attorney fees.
If you are more interested in Megan Thee Stallion's courtroom outfits, she posted each of them at her IG page:
Tuesday, December 02, 2025
Ghost Candidates and the $14 billion Drop
Tuesday, November 25, 2025
A Tale of Two Voting Rights Act Cases
"The main winners from Judge Brown’s opinion are George Soros and Gavin Newsom. The obvious losers are the People of Texas and the Rule of Law."
"When I was a newer on the bench, a friend asked me, 'Now that you’ve been a judge for a few years, do you have any particular advice?' I replied, 'Always sit with your back to the wall.'"
Whoa.
Curious whether the Chief Judge of the Fifth Circuit should have foreseen that combustible panel mix coming.
Sunday, November 23, 2025
More Megan Thee Stallion
Meghann Cuniff has everything Megan Thee Stallion, the defamation trial before Judge Altonaga. Closing arguments will be tomorrow (Monday).
Here's the latest -- Megan is on the stand and Miami's Jeremy McLymont is crossing (John O'Sullivan from Quinn put her on):
Jeremy McLymont, an attorney in Miami, Florida, focused on Megan’s testimony that she was not drunk and that she had nerve damage in her left foot, despite a doctor’s report that said there was no “nerve involvement” in her left foot.
He also emphasized eyewitness Sean Kelly’s testimony about two women fighting as he implies Megan lied when she testified Lanez shot her and implies that the gunfire came from her now-former friend Kelsey Harris as Milagro has contended.
McLymont also implied Megan is wrongly accusing Milagro when Megan says Lanez told Milagro to say Megan is an alcoholic.
“That’s your opinion?” McLymont asked.
“Yes,” Megan answered.
“It’s not a proven fact, right?” McLymont asked.
“It can’t be proven because we can’t see the messages,” Megan said, referring to the thousands of texts deleted by Milagro in violation of a legal notice.
“It’s not a proven fact, but you’re stating it as though it’s a fact?” McLymont asked.
“Just like Milagro stated that it’s a fact that I lied about Tory shooting me,” Megan answered.
“So are you defaming Tory Lanez and Milagro Cooper when you say that it’s your opinion that Milagro Cooper is getting information from Tory Lanez?” McLymont asked.
“No, I’m not defaming her or him,” Megan answered.
“Alright. But Ms. Cooper is defaming you when she gives her opinion?” McLymont asked.
“Yes, and presents it as facts,” Megan answered.
Megan’s lawyers from Quinn Emanuel Urquhart & Sullivan, LLP didn’t object to her being asked to give a legal conclusion.
McLymont, a licensed attorney in Florida since 2018, took a slow and conversational approach to his cross-examination of Megan. At one point, he implied Megan is suing Milagro out of jealousy, emphasizing that Milagro “has some sort of relationship with Tory Lanez.”
“You do not like that?” McLymont asked.
“I don’t care about whatever you’re trying to ask me. What I care about is Tory giving this woman information to say about me, to lie about me, about the trial. That’s what I care about,” Megan answered.
McLymont at one point told Megan, “So I’m asking questions. All I need is just simple answers” when Megan asked what he was getting at, but he mostly didn’t push back when Megan responded with her own questions. He said rappers Meek Mill and Drake support Lanez and Megan asked, “Are you saying that make it OK” for Milagro to harass her.
“No, I just want to make sure that we’re actually pinpointing the cause of any emotional distress” and not blaming it on Milagro, McLymont told Megan.
McLymont described Milagro as someone who “has the least amount of influence,” and Megan asked why he thinks that.
“Is it because she’s a woman and the rest of everybody is a man?” Megan asked.
“Well, she’s not famous, right?” McLymont answered.
Megan said Milagro is famous “for talking crap about me online.”
McLymont and Megan were discussing Milagro’s level of fame when U.S. District Judge Cecilia M. Altonaga said, “Mr. McLymont, you’re an attorney” and told him to stop speaking when the witness speaks.
“I’ve never heard of that, judge,” McLymont said.
The judge chuckled and said, “I’m telling you that.”
Thursday, November 20, 2025
Keep Off the Beach
To me, the COVID-19 Pandemic feels like ages ago. But lawsuits arising from the pandemic are still making their way through the legal system. Just a few days ago, the Eleventh Circuit held that a county ordinance closing all public and private beaches during the early COVID-19 pandemic was a per se physical taking of beachfront owners’ property under the Fifth Amendment. Judge Lagoa's opinion is a refresher on takings law, including the differences between regulatory takings and physical takings (the line can be blurry). In short, there's "no COVID exception to the Takings Clause."
The opinion also has colorful details, including this sequence. A man is walking on his private beachfront property during the early days of the pandemic along with a family friend and their respective children. A lifeguard radios the Walton County Sheriff's Office to report them. Deputies arrive "almost immediately" and one tells the man and his party that, if they don't leave the beach, the deputies will arrest them. The man tells him he owns the property but the deputy says that doesn't matter. When the man and his friend turned to leave, the deputy asked for their names and told them that if police did "catch" them on his beach again, the police would take them "downtown."
"Downtown" doesn't get used enough as a stand-in for a police station. But as it turns out, the Walton County Sheriff's Office's main operations and jail are located at 10 Sheriff Circle in DeFuniak Springs, Florida, which is not a classic downtown business district.
Full opinion here.
Wednesday, November 19, 2025
Judge Fulton
Below is the portrait of Judge Charles B. Fulton. He served as Chief Judge in our district for 11 years (from 1966-1977)! A 1982 statutory amendment limited Chief Judge terms to seven years. Sharing that in case the question comes up in your local pub trivia contest. FBA write up below.
Hon. Charles B. Fulton was nominated by President Kennedy and served on the district court from 1963-1996. In Lee v. Ridgdill, 444 F. Supp. 44 (S.D. Fla. 1977), Judge Fulton held that dismissing a police chief for consulting an attorney about a polygraph test request violated due process and ordered his reinstatement with back pay.
Tuesday, November 18, 2025
Megan Thee Stallion is here in the SDFLA
Before she played it, Hayrapetian said she wanted “to acknowledge how disturbing this is.”
“Imagine having to sit in court and watch this play for a room full of strangers. That’s what we’re asking Megan to do today, but you need to see it to understand what Milagro Cooper promoted,” said Hayrapetian, an associate in Quinn Emanuel Urquhart & Sullivan, LLP’s Los Angeles office.
The approximately 45-second video included commentary from Milagro as she played it for viewers on her live stream. “Watch how this post jump … I just liked it and I tweeted ‘go to my likes.’”
“I apologize to everyone in this courtroom for having to see that, especially to Megan,” Hayrapetian said. “But Milagro Cooper made the choice to promote it.”
Hayrapetian began her opening by playing audio of the gunshots that Daystar “Tory Lanez” Peterson fired at Megan on July 12, 2020. She told jurors he was convicted in December 2022, and the California Court of Appeal affirmed his convictions last week. She played an excerpt of Milagro discussing Megan that begins, “At the end of the day, a bitch lying on somebody is low down. So believe what the fuck you want to believe.” Milagro goes on to say she wants to “slap” Megan.
“This case is about someone who wasn’t there that night, the defendant, Milagro Cooper. She didn’t see the fear or the blood or the gun, but she saw something else: Her shot had the spotlight,” Hayrapetian said. “This case is about what Milagro Cooper did with her shot at the spotlight.”
Hayrapetian said jurors will learn “how she turned attacking Megan into her brand, how she coordinated with Tory Lanez and his team, how she built her platform by tearing Megan down.”
She said the case “is not about whether Tory shot Megan. That has already been decided: He did. This case is about Milagro Cooper’s continued effort to undo what’s already been done, to free Tory.”
The first thing Milagro’s lawyer Nathacha Bien-Aime told jurors in her opening was, “Yes. Megan Pete was shot.” But she said “whether he did or not, that case, that tragedy, that happened in California.”
“The plaintiff desperately wants to drive a California criminal trial across the country, to replay it for you here in Miami, Florida,” Bien-Aime said.
Sunday, November 16, 2025
Defendants' convictions in the Ahmaud Arbery murder case upheld
Here's the 2-1 opinion. Judge Branch wrote the majority (with Grant joining). District Judge Calvert dissented on an interesting interstate commerce issue related to the kidnapping counts.
Courthouse news summarizes it here:
The 11th Circuit on Friday upheld the convictions of the three white men who murdered Ahmaud Arbery five years ago after chasing the 25-year-old Black man down the streets of a Georgia subdivision.
In a split opinion, the circuit judges ruled that sufficient evidence supported their convictions.
Travis McMichael, his father Greg McMichael, and neighbor William “Roddie” Bryan were convicted in February 2022 of a federal hate crime and attempted kidnapping in Ahmaud Arbery’s killing and sentenced to life in prison. On appeal, they argued prosecutors failed to prove they acted with racist intent.
A three-judge panel rejected that claim, finding ample evidence of racial animus in the men’s private conversations and social media posts, which showed longstanding prejudice toward Black people and support for vigilante justice.
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The men also asked the court to toss the attempted kidnapping charges, claiming the streets of the neighborhood were not a public road.
“Copious evidence supports the jury’s underlying finding that Glynn County ‘provided or administered’ the streets of Satilla Shores,” U.S. Circuit Judge Elizabeth Branch wrote in the opinion.
Branch and U.S. Circuit Judge Britt Grant, both Trump appointees, rejected the men’s arguments and found sufficient circumstantial evidence for jurors to conclude they intended to block Arbery’s access to a public road by chasing him with guns and boxing him in with their pickup trucks.
The panel noted the streets were central to the crime, as the entire pursuit and shooting unfolded along the roads of Satilla Shores. Branch wrote it was reasonable to infer that, without Arbery’s use of those streets, the specific crime would not have occurred.
“The jury had ample evidence that defendants attempted to kidnap Arbery for a benefit,” Branch wrote.
“Based on their posts supporting vigilantism and associating black people with criminality, the jury could have reasonably inferred that the defendants acted to boost their reputation as neighborhood crime-stoppers, to remove suspected criminals from their streets, or to promote their sense of vigilante justice. Or, based on their racist and often violent language, the jury could have reasonably inferred that they acted to gain some personal satisfaction by inflicting violence on a black man,” she added.
The three-judge circuit panel was rounded out by U.S. District Judge Victoria Calvert, a Joe Biden appointee sitting in from the Northern District Court of Georgia, who disagreed with one aspect of the majority’s ruling.
In a dissenting opinion, Calvert said she would have reversed the men’s kidnapping convictions. She disagreed with the majority’s conclusion that the pickup trucks used by Travis and Greg McMichael qualify as instrumentalities of interstate commerce for attempted kidnapping.
When a victim is not transported across state lines, evidence must show the offender either traveled in interstate or foreign commerce or used the mail or another instrumentality of interstate or foreign commerce to commit or further the crime.
“Here, the evidence showed that the defendants used Travis’s truck to drive on the streets of a residential community to pursue Arbery and then parked Travis’s truck to block Arbery from fleeing,” Calvert wrote.
“There was no interstate travel, no use of the interstate highway system, no exchange of communications via phone or text message, and no use of the internet,” she added.
While the decision aligns with those of other circuit courts, Calvert said it raises constitutional concerns about the balance between state and federal prosecution.
Wednesday, November 12, 2025
Rest in Peace, Judge Dube
Sad news. Judge Dube, who served our Court as a magistrate judge for seventeen years, has passed away. Judge Dube served from 1996 to 2013. He also served our country as a Marine before attending the University of Miami for both his undergraduate and legal education.
Below is David's 2013 post commemorating Judge Dube's retirement. Rest in peace, Judge Dube.
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Judge Dube retires
When I was a clerk back in 1997, Judge Dube made a point of introducing himself to the new clerks and offering any help we needed in figuring out how the court worked. He also helped us all get involved in the Federal Bar Association, a group he ran for over 25 years.
His longtime clerk Lourdes Fernandez gave some really nice heartfelt remarks about her 10 years with Judge Dube.
He's a good man.
Judge David William Dyer
Tuesday, November 11, 2025
Judge Martinez Receives Davison Award
By John R Byrne
It's hard to find a bigger fan of the U than Judge Martinez. For a while, he even did the Spanish language broadcast for some of the sports teams. Recently, UM Law awarded him the Davison Award, an award given annually to a distinguished alumnus of the law school. Several of our judges came out to celebrate him (picture below)
And a Happy Veteran's today to all the blog readers who've served this country.
Sunday, November 09, 2025
The talk of the town
Everyone has been talking about the grand jury investigating Trump's "grand conspiracy" theory here in the Southern District of Florida. Bloomberg covered it last week (including two AUSAs being fired or having to resign --depending on who you ask -- for not participating) and the New York Times has the story this morning. From the Times:
Far-right influencers have been hinting in recent weeks that they have finally found a venue — Miami — and a federal prosecutor — Jason A. Reding Quiñones — to pursue long-promised charges of a “grand conspiracy” against President Trump’s adversaries.
Their theory of the case, still unsupported by the evidence: A cabal of Democrats and “deep-state” operatives, possibly led by former President Barack Obama, has worked to destroy Mr. Trump in a years long plot spanning the inquiry into his 2016 campaign to the charges he faced after leaving office.
But that narrative, which has been promoted in general terms by Mr. Trump and taken root online, has emerged in a nascent but widening federal investigation.
Last week, Mr. Reding Quiñones, the Trump-appointed U.S. attorney for the Southern District of Florida, issued more than two dozen subpoenas, including to officials who took part in the inquiry into ties between Russia and Mr. Trump’s 2016 presidential campaign, according to people with direct knowledge of the matter.
Among them, they said, were James R. Clapper Jr., the former director of national intelligence; Peter Strzok, a former F.B.I. counterintelligence agent who helped run the Russia investigation; and Lisa Page, a former lawyer at the bureau.
Bloomberg has more details about the politics inside the office:
That announcement came 14 hours after prominent MAGA influencer Jack Posobiec denounced the criminal chief, Peter Forand, on X for donating $2,300 to the 2024 Kamala Harris presidential campaign and other Democratic causes.
Forand will “be in charge of” of the newly empaneled grand juries “to investigate Crossfire Hurricane and the Mar-a-Lago raid conspiracy,” Posobiec posted. “Can Forand be trusted to fairly investigate the Biden regime and Jack Smith if he’s friends with them and donates thousands of dollars to them?”
About two hours after Reding Quiñones emailed out the new leadership structure, Posobiec referenced his earlier Forand criticism in a new post to his 3.2 million followers: “UPDATE: Hearing good things on this.”
Forand, who former colleagues say has operated as a nonpartisan prosecutor willing to implement any administration’s objectives, had previously been removed from an office directly outside of Reding Quiñones’ executive suite to a different part of the building, three people said.
That office space is now occupied by a newly hired chief of staff to the US attorney—an unusual position under any top prosecutor. That chief of staff, Jim Poland, is an FBI agent on detail, who’s overseeing the office’s “non-litigation and administrative functions,” Reding Quiñones wrote to staff Nov. 3.
Thursday, November 06, 2025
2026 Red Mass
Yesterday was the Red Mass of the Holy Spirit at Gesù Catholic Church. The Miami Catholic Lawyers Guild organizes the event every year. The Lex Christi, Lex Amoris Award was presented to Chief Judge Altonaga by Judge Ruiz. For those of you whose Latin is rusty, the award translates to Law of Christ, Law of Love. The mass was presided over by Archbishop Wenski, pictured below with the aforementioned judges.
Wednesday, November 05, 2025
Judge Emett Clay Choate
We're moving into the '50s now with our SDFLA judges, featuring Judge Emett Clay Choate today. Judge Choate presided over some interesting cases in our district, including the case of a man (Richard Paul Pavlick) who tried to assassinate then President-elect John F. Kennedy. FBA write up below. Served in World War I and practiced in Oklahoma and New York before moving to Miami.
Judge Choate was nominated by President Eisenhower and served on the district court from 1954-1974. In Moorhead v. City of Fort Lauderdale, 152 F. Supp. 131 (S.D. Fla. 1957), aff’d, 248 F.2d 544 (5th Cir. 1957), Judge Choate ordered the Miami City Commission to end segregation on the municipal golf course.
Tuesday, November 04, 2025
Howe on the Court
By John R. Byrne
One of the best events our local chapter of the FBA puts on every year is the Supreme Court roundup with Amy Howe. The co-founder of SCOTUS blog, Amy's been covering the Supreme Court beat for years and has also argued before the Court. Always a great turnout from our bench at this lunch.
This year's event will be at Coral Reef Yacht Club in Coconut Grove on Tuesday, November 18. You can buy your tickets here.




