Lord Stanley makes an appearance in Judge Gayles' chambers

 

  

  

Congrats to Judge Artau!

 By John R. Byrne

Judge Artau was confirmed this evening as our latest United States District Judge. From what I understand, even though he's technically filling Judge Scola's seat, Judge Artau will sit in West Palm Beach (essentially replacing Judge Rosenberg, who's heading to the Federal Judicial Center). And whoever is eventually appointed to fill Judge Rosenberg's now (or soon-to-be) vacant seat will sit in Fort Lauderdale. Just as an fyi for those of you getting your applications ready!

Big Order in Helms-Burton Act Case

By John R. Byrne

Several months back, Judge Moreno presided over the nation's first jury trial involving the Helms-Burton Act. As the blog readers likely know, that statute prohibits the knowing trafficking in property confiscated by the Communist Cuban government. The Plaintiff in the case had sued four companies that facilitate hotel bookings. The verdict came back for the Plaintiff and it was a big one: $119.4 million. 

But in the words of the great (and recently retired) Lee Corso, "Not so fast, my friend." Judge Moreno set aside the jury verdict as to all four defendants. In short, the court found (1) that one defendant (Expedia Group, Inc.) didn't do anything wrong and couldn't be tagged with the acts of its co-defendants or a non-party Expedia entity) and (2) that the other defendants (Orbitz, LLC and Hotels.com) didn't knowingly traffic because they actually ceased-and-desisted bookings when they received Plaintiff's notice. 

Full order is here. The conclusion, though, sums it up well as follows:

A trial court's decision to set aside a jury verdict should never been taken lightly, particularly in a case where great lawyers on both sides have well represented their clients admirably, with passion but respect, over a long period of time. Much time and money has been spent by the parties and counsel as the Court struggled with the multitude of legal issues, which may well be decided differently by the wiser Court of Appeals. Perhaps, now we understand better the decisions of our United States Presidents, both Democrat and Republican, to suspend provisionally Title III of the Cuban Liberty and Democratic Solidarity Act. There may be little comfort for either side of this first-ever Helms Burton Act jury trial in President Trump's decision in his first term not to defer any longer the bipartisan Congressional intent in 1996, after the shooting of the airplanes used to save Cuban refugees fleeing the island suffering a Communist dictatorship for the last 65 years. After all, even without a money judgment in favor of Plaintiff, the intent of the Helms-Burton Act was indeed followed. Those parties who are notified that their actions violate the Act must stop their activity. Defendants did cease bookings with the hotels located on Plaintiff's inherited property within the 30 days provided by the Act and thus complied with the purpose of the law passed by Congress and signed by President Clinton. Therefore, the Court sets aside the jury verdicts and enters judgments in favor of Defendants Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., and Orbitz, LLC.

New District Judge on Monday?

By John R. Byrne

This is for Judge Scola's seat. Stay tuned!

Dolphins open the season this Sunday at the Colts. Don't have a good feeling at all about this season (I expect them to be very bad this year) but they should be able to beat Daniel Jones on Sunday. 

CA11 stays Alligator Alcatraz decision in 2-1 order

 Here's the 2-1 order (Lagoa for the majority, joined by Branch and Jordan in dissent).

 Judge Lagoa ends her order with this:

While the power to determine immigration policy lies with the Federal government, “[t]he pervasiveness of federal regulation does not diminish the importance of immigration policy to the States,” which “bear[ ] many of the consequences of unlawful immigration.”  Arizona, 567 U.S. at 397.  Many of those harmful con-sequences are present here.  Governor DeSantis has declared a state of emergency under Florida law because Florida is experiencing an “immigration crisis of unprecedented magnitude.”  DE 137-1 ¶ 3.  According to Joseph Harrison, a Lieutenant Colonel and Deputy Director for the Florida Highway Patrol (“FHP”), forcing Florida to shutter the detention facility will lead to overcrowding and will kneecap the State’s immigration-enforcement efforts.  Id. ¶¶ 5, 6.  Furthermore, he offers non-speculative evidence that in-sufficient detention space will lead to detainees being released back into the community: “[B]efore the detention facility at the Dade-Collier Training and Transition Airport was established,” he ex-plains, “ICE regularly informed FHP officers that the federal government lacked sufficient detention capacity to detain illegal aliens intercepted by FHP,” and, “[i]n those instances, FHP was forced to let those illegal aliens go.”  Id. ¶ 5.  We are convinced that, if the injunction were to stay in place, it would bring the State’s already stressed and overcrowded system to a breaking point. 
On the other hand, the Plaintiffs have submitted declarations indicating that the conversion of the Site from a working air-port into a detention center will have a range of deleterious effects on the environment, including “light, water, and noise pollution, increased vehicular traffic, wildlife habitat degradation, and waste management issues.”  These declarations assert that these effects may “negatively impact” the ecosystem of the Everglades and the survival of various threatened or endangered species, although it is unclear whether these declarations have accounted for the Site’s former use as an airport in order to establish a reliable baseline to evaluate possible future environmental impacts.  DE 5-2 ¶¶ 13–14.  We need not, however, wade into that issue here.  As the Supreme Court reminds, there is no governmental project, especially one enacted in exigent circumstances, that does not pose some coun-tervailing risk.  Cf. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 26 (2008) (holding that the balance of equities and consideration of overall public interest weighed in favor of the Navy, in spite of the fact that the Navy’s use of “mid-frequency active” sonar might cause “harm to an unknown number of the marine mammals,” be-cause blocking the Navy from using this technology would jeop-ardize the “safety of the fleet”).  Our job, at this stage, is to balance the equities, as well as the overall public interest, and we are com-pelled in this case to conclude that these factors favor the Defend-ants: While the environmental effects mentioned by the Plaintiffs may result in down-the-line harm, the injuries facing the Defend-ants and the public are critical, immediate, and concrete. 
We conclude that the balance of the harms and our consideration of the public interest favor a stay of the preliminary injunction. 

Judge Jordan starts his dissent this way: 

 Given the applicable burden on litigants who move for a stay, the deferential abuse of discretion standard that governs review of a preliminary injunction, and the clearly erroneous standard that limits appellate review of factual findings, the stay motion filed by the state and federal defendants should be a relatively simple denial.  The majority, however, essentially ignores the burden borne by the defendants, pays only lip service to the abuse of discretion standard, engages in its own factfinding, declines to consider the district court’s determination on irreparable harm, and performs its own balancing of the equities.  I therefore respectfully dissent from its decision to grant a stay of the preliminary injunction.    

Detra Shaw-Wilder Appointed Magistrate Judge

By Jordi C. Martínez-Cid

The Southern District of Florida has a new magistrate judge. Detra Shaw-Wilder was officially appointed to the bench, effective September 2, 2025. The administrative order is below.

Judge Shaw-Wilder is a graduate of the University of Florida and the University of Miami School of Law. She brings decades of litigation experience to the federal judiciary. Prior to her appointment, she was a partner at Kozyak Tropin & Throckmorton, where she handled complex commercial litigation, corporate disputes, and high-stakes arbitration matters. This makes her the fourth judge on the Southern District of Florida bench that was associated with Koyzak Tropin Throckmorton, joining Judge Huck, Judge Isicoff, and Judge Lopez-Castro.  

Despite strong recommendations and near-universal praise, Judge Shaw-Wilder’s appointment follows a stalled nomination for a district court judgeship by President Biden in 2024, which was ultimately returned by the Senate in early 2025 after Florida’s senators withheld their blue slips. She now joins the bench as a magistrate judge and will sit in Fort Lauderdale.

Boat cases

The defendants in those cases (usually mopes) used to get arrested, charged, and sentenced to monster sentences... And there has always been really interesting litigation surrounding jurisdiction and sentencing, etc.

But yesterday, the United States military blew up one of these drug boats, killing 11.  

Was this legal?

From Reuters:

The U.S. military killed 11 people on Tuesday in a strike on a vessel from Venezuela allegedly carrying illegal narcotics, President Donald Trump said, in the first known operation since his administration's recent deployment of warships to the southern Caribbean.

"We just, over the last few minutes, literally shot out a boat, a drug-carrying boat, a lot of drugs in that boat," Trump told reporters at the White House.

"And there's more where that came from. We have a lot of drugs pouring into our country, coming in for a long time ... These came out of Venezuela."

He later shared a video on his Truth Social platform that appeared to show footage from overhead drones of a speedboat at sea exploding and then on fire.

"The strike resulted in 11 terrorists killed in action. No U.S. Forces were harmed in this strike," Trump said.

He added that the U.S. military had identified the crew as members of Venezuelan gang Tren de Aragua, which the U.S. designated a terrorist group in February. He repeated allegations that Tren de Aragua is being controlled by Venezuela's President Nicolas Maduro, accusations that Caracas denies.

 

Eleventh Circuit Affirms CNN Summary Judgment Win

 By John R. Byrne

Some time ago, we covered Judge Singhal's grant of summary judgment to CNN in the defamation lawsuit filed against the network by Alan Dershowitz. The 11th Circuit just drove another nail into the lawsuit's coffin, affirming that order. The Court held there was no evidence that the reporters had spoken with actual malice (to the contrary, the Court noted that the evidence indicated that the reporters believed in the truth of their statements).

Perhaps more interesting, though, were the concurring opinions, written by Judges Lagoa and Wilson, which discussed the New York Times Co. v. Sullivan standard applicable to defamation cases. In short, Judge Lagoa doesn't like it, Judge Wilson does.  

Opinion here. 

Your moment(s) of Zen for the long weekend

1.  Dave Macey walks. From the AP:

Prosecutors have agreed to drop criminal charges against a prominent Miami defense attorney accused of orchestrating a bribery conspiracy involving two former U.S. Drug Enforcement Administration supervisors who leaked confidential information.

Charges will be dismissed against David Macey in a year as long as he does not break any laws, according to a deferred prosecution agreement announced Thursday in Manhattan federal court.

Prosecutors offered no explanation for the sudden reversal. But Judge Jennifer H. Rearden said the “extraordinary opportunity” for Macey to avoid trial was in part the result of his experienced legal team.

“I feel great. I’m elated,” Macey said, grinning as he walked out of the courthouse and embraced his attorneys.

2.  Cardi B puts on a masterclass on how to be an authentic witness while the cross-examiner completely fails

  

Cardi B gives a hilarious description of Emani Ellis weight as she takes a stand in court today. pic.twitter.com/cev8V7rsLg

— Red Media (@RedMedia_us) August 27, 2025

   

Cardi needs her own show or something because i was ctfu the whole time 😭 pic.twitter.com/iLZ4A26ugl

— Brimcess (@Belcardi11) August 27, 2025

FBA Addresses Threats to Judges

By John R. Byrne

Over the past few years, we’ve seen an increase in threats to federal judges, including to several judges in our district. Beyond increasing judicial security, though, what else can be done? 

The South Florida Chapter of the Federal Bar Association is trying something different—social media. The idea, spearheaded by current president, Courtney Cunningham, is to have several of our judges film short, social-media-friendly videos designed to educate the general public about the roles of federal judges. The hope is that it’ll help lower the rhetorical temperature while humanizing our judges in the process. Judges Bloom and Scola have already filmed segments, and others have agreed to participate. The Florida Bar recently covered the initiative here. It's worth a read. 

Finally, I would be remiss if I didn’t acknowledge the epic college football weekend ahead of us. There’s FSU v. Bama (corrected from earlier!). And, of course, Notre Dame v. UM or, as some people have been referring to it locally, Catholics vs. Cafecitos. Give me the Noles and Canes in close ones. 

Celebrating Judge Moreno’s 35 Years on the Federal Bench

By Jordi C. Martínez-Cid

This weekend a dinner was held in honor of Judge Federico A. Moreno, celebrating his 35 years of service on the Southern District of Florida bench. The event brought together members of Judge Moreno’s family, his courtroom staff, his local law clerks, and their families.

Over dinner, the Judge regaled the room with personalized stories about each of his clerks, recalling important cases, their accomplishments, and their not-so-serious gaffes. The Judge also took time to thank the hosts, Mariela Martínez-Cid (Moreno ‘01–‘02, ‘06, ‘08–Present) and Ricardo Martínez-Cid (King ‘01–‘02), for what was objectively, despite the author’s many biases, a beautiful event.

Be on the lookout for impersonators. I don’t think anyone will go full V for Vendetta, but I can imagine another judge, maybe  Judge Ruiz (Moreno ‘05–‘06), wearing Judge Moreno’s face on the bench.

Dirty Water

By John R. Byrne

A class action lawsuit was just filed against the Federal Bureau of Prisons, Attorney General Pam Bondi, and others over the tap water at Coleman prison. The complaint, filed in the Middle District of Florida, paints a pretty bleak condition of the water there. Visible "sediment" that floats in the water. "Oil-like residue" that settles at the bottom of the cup. And that's just what it supposedly looks like. It apparently also "smells like rotten eggs and human waste" and has an "unpalatable, chemical" taste. The lawsuit claims the dirty water has caused serious health issues within the facility.

The fault, the complaint says, primarily lies with the City of Wildwood, which the Defendants rely on to provide potable drinking water. Still, the plaintiffs seek relief against the federal officials because they allegedly have an independent duty to ensure the water is safe to drink.

Check out the complaint here. Warning: you may want to get down that first cup of coffee before reading.  

Eleventh Circuit Cracks Down on Airport Seizures

By John R. Byrne

In the post 9-11 world, getting through airport security can be a real pain in the keister. You got to take off your shoes (thanks for that, Richard Reid), your belt, put your laptop in a separate bin, etc., etc.). But the Clayton County P.D. in Atlanta added another fun wrinkle: purportedly random stops of TSA-cleared passengers on jet bridges that involved questioning about contraband and additional searches. 

Two black passengers named Eric Andre and Clayton English--who both also happen to be celebrity comedians--claimed these stops weren't so random and that the department selectively targeted black passengers.

The Eleventh Circuit held that the plaintiffs didn't plausibly allege a discriminatory purpose. But it also held that, if what the Plaintiffs said about the stops was true, the County's "drug interdiction program"constituted a policy and custom of unlawful seizures that violated the Fourth Amendment. 

If you have a connecting flight in Atlanta anytime soon, may want to read this one in its entirety!

Opinion here.

See Ya Later, Alligator: Judge Williams says no more Alligator Alcatraz

 Here's the 82 page order.  

The Everglades just got a reprieve. Judge Kathleen Williams granted in part and denied in part a motion for preliminary injunction in Friends of the Everglades v. Noem. The case challenges plans to convert the Dade-Collier Training and Transition Airport—smack in the middle of Big Cypress National Preserve—into a massive detention facility.

The bottom line is that no more detainees can be sent to the facility and much of it needs to be dismantled. 

From the conclusion (without the footnotes):

For the reasons set forth above, it is ORDERED AND ADJUDGED as follows: 

1. For the purposes of Defendants becoming compliant with their obligations under NEPA, the Court GRANTS IN PART AND DENIES IN PART Plaintiffs’ Motion for a Preliminary Injunction (DE 5), as follows: 

2. The Court ENTERS a Preliminary Injunction prohibiting the State and Federal Defendants39 and their officers, agents, employees, attorneys, and any person who is in active concert or participation with them from (1) installing any additional industrial-style lighting (described by witnesses as “Sunbelt” lighting); or doing any paving, filling, excavating, or fencing; or doing any other site expansion, including placing or erecting any additional buildings, tents, dormitories, or other residential or administrative facilities on the TNT site; and (2) bringing any additional persons onto the TNT site who were not already being detained at the site at the time of this Order going into effect. The Preliminary Injunction does not prohibit modification or repairs to existing facilities, which are solely for the purpose of increasing safety or mitigating environmental or other risks at the site. 

3. The Preliminary Injunction shall include among those “who are in active concert or participation with” the State or Federal Defendants or their officers, agents, employees, or attorneys, and thus prohibited from conducting the activities specified above, any contractors, subcontractors, or any other individuals or entities authorized to conduct work on the TNT site or provide detainee transportation or detention services. See Fed. R. Civ. P. 65(d)(2)(C) (including “other persons who are in active concert or participation with” the parties or the parties’ officers, agents, servants, employees, and attorneys among those bound by any injunction). 

4. No later than sixty (60) days from the date of this order, and once the population attrition allows for safe implementation of this Order,40 the Defendants shall remove 1) the temporary fencing installed by Defendants to allow Tribe members access to the site consistent with the access they enjoyed before the erection of the detention camp; 2) the Sunbelt lighting fixtures and any additional lighting installed for the use of the property as a detention facility; and 3) all generators, gas, sewage, and other waste and waste receptacles that were installed to support this project. 

5. Finally, Plaintiffs shall post a bond of $100. See BellSouth Telecomm., Inc. v. MCImetro Access Transmission Servs., LLC, 425 F.3d 964, 971 (11th Cir. 2005) (internal citations omitted) (“the amount of security required by the rule is a matter within the discretion of the trial court”).  

SDFLA Bench & Bar Conference

Who's in?  It looks like a wonderful conference.  September 12 at the Miami Beach Convention Center.  You can RSVP here.

I'm biased, of course, but this particular panel -- moderated by my partner Margot Moss -- looks especially interesting: