"This strategy of ‘shaking down’ defendants with nightmarishly expensive litigation in pursuit of attorney fees must not be rewarded.”

All sorts of fun stuff in the Review this morning, including an article about attorney's fees. That quote above is from Judge Moreno from a 2003 case and the article discusses a recent Judge Zloch case where a six figure fee was requested in a relatively minor case.

The cover story is also interesting -- it's about Judge Middlebrooks ruling on trade dress infringement in the energy drink world. Everyone wants small 8 ounce bottles with vertical lettering, but that's not enough for an infringement case: "The notion that a company can appropriate a standard 8-ounce bottle, utilize vertical lettering of its product name, and preclude competitors from using that bottle with their own lettering . . . seems to be nothing but a thinly veiled effort to stifle legitimate competition." Attorney fees in that case to American Body Building (to be paid by Vital Pharmaceuticals --VPX) of $360,000.

If energy drinks aren't your thing and you are more into ice cream, then read this Sun-Sentinel story about Carvel's niece wanting to dig him up to study the body for foul play.

Posting Plea Agreements?

I'm quoted in the DBR article this morning criticizing the new policy in this District of not making plea agreements available online. Every other document in a criminal docket is available (unless it's sealed) except for plea agreements. Instead, you have to go down to the clerk's office to make a copy the old-fashioned way. This is a silly policy, which is only in place in this District (as far as I know). Hopefully it will be changed soon (the local rules committee is studying it).

If there are safety concerns for cooperating witnesses, then those concerns should be addressed in that particular case, but to have a blanket policy making it more difficult to get these documents.... Haven't we learned from the State scandal involving secret docs?

Dehumanization

Prosecutors in every trial try to dehumanize "the defendant." And defense lawyers always try to humanize "Mr. Defendant." So far, it appears that the Government is doing its job in the Wilk case. Check out this Sun-Sentintel article about what the jurors have seen so far:

The murder case against Kenneth Wilk has been one of disturbing images.The photo of a dark puddle of blood on the floor. That's where Broward Sheriff's Deputy Todd Fatta fell after a bullet pierced his chest while serving a federal warrant at Wilk's home. The autopsy photos. They showed the damage wreaked by the fatal shot that tore through Fatta's liver and severed his spinal cord. And the sordid images of child pornography. Prosecutors say Wilk and his partner possessed dozens of them on their personal computers.

No thanks

As posted yesterday, Louis Robles was supposed to plead guilty this morning in front of Judge Gold. The parties had agreed to 10 years in prison.

Well, not so fast. Judge Gold did not accept the deal today and rescheduled it in a month. Judge Gold has rejected plea agreements before, notably in the Al Gutman case.

At last week's symposium on ethics at the University of Miami, there was a panel discussion with 5 judges who were asked if they ever rejected agreed to pleas. They all responded that they did not. Should judges reject plea agreements? Comments?

Pretty pleas(e)

Lots of pleas being reported today. Former asbestos lawyer Louis Robles is taking ten years. And the Hollywood cops are pleading to a min/man ten years, with the hope of a cooperation reduction.

Think about where you were *ten years* ago. I think all of us forget how freaking long that is.