Judge Alan Gold preliminarily approved a $1.075 billion settlement between Exxon Mobil Corp. and thousands of service station dealers who were found by a jury to have been overcharged by the company, settling a 14-year fight that went to the Supreme Court. The dealers are represented by Eugene Stearns, Mark Dikeman, and Mona Markus at Stearns Weaver. Exxon has been represented by lots of lawyers. At trial it was Larry Stewart. At the 11th Circuit, it was Howrey & Simon. At the Supremes it was Carter Phillips. And during the claims administration process it was Hunton & Williams and Burlington Weil. Fourteen years after the case was filed and after losing at every level of federal court, Exxon finally relented.
Disclosure -- Mona is my lovely wife.
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
Thursday, February 02, 2006
Wednesday, February 01, 2006
Our new Circuit Justice is...
... Clarence Thomas. The 11th Circuit Justice was, for a long time, Anthony Kennedy. Kennedy has been reassigned to the 9th Circuit (O'Connor's old assignment), and Thomas -- who is from Georgia -- is now assigned to us. Thomas will now be responsible for emergency motions (including death penalty emergencies) and filing date extensions.
Still no comment
Some of you have been emailing me and posting comments asking me to blog on the hearing yesterday in front of Judge Moreno regarding the Rodriguez-Orejuela brothers. I don't really feel comfortable commenting about pending cases that I'm involved with. Julie Kay did a nice job covering the hearing and so instead of commenting, I'll simply reproduce some snippets from that article:
Judge Federico A. Moreno lashed out at a federal prosecutor and deputy prison warden Tuesday, calling rules at the Federal Detention Center in Miami barring inmates from being able to meet with their lawyers in conference rooms “asinine” and “stupid.” After threatening to bring accused Cali cartel drug lords Gilberto and Miguel Rodriguez-Orejuela to his courtroom to meet with their lawyers, prosecutors agreed to alter restrictive regulations at the Special Housing Unit of the Federal Detention Center in Miami so that lawyers can meet with their clients under better conditions. “I think this is absolutely stupid, it is asinine,” Moreno yelled. “To not use a conference room when it’s empty anyway — that makes no sense. If I have to run the SHU myself, it will take the 11th Circuit Court of Appeals to stop me.” The outburst came during a hearing on whether the Rodriguez-Orejuelas should be released from the SHU unit and whether the government has knowledge about whether the brothers’ legal fees to their new attorney, David Markus of Miami, are clean. The judge exploded in anger after Markus and his co-counsel Roy Kahn of Miami argued that they are not permitted to use a conference room in the unit to meet with their clients — even though the room is usually empty — due to a prison rule that the room can only be used if four attorneys are present. Instead, they told Moreno, they have to meet them in a tiny room with no bathroom, air conditioning or water and share documents through a tiny slot in the glass.
***
Finally, Moreno threatened to make his courtroom available for meetings between the Rodriguez-Orejuelas and their lawyers if the prison did not accommodate them. “I don’t want to do that,” he said. “But we have bathrooms here. I can be very innovative at resolving conflicts. I have to give people access to their lawyers.”
***
Under assault, Assistant U.S. Attorney Matthew Axelrod, after a quick private consultation with Wombacher, agreed to change the regulations and allow the conference room to be used by any attorneys. “The policy will change,” he said. Axelrod had argued that the prison has reasons for its rules regulating the use of the conference room. He said contraband had been found in the bathroom when lawyers were allowed to use it. He also said that the policy of only allowing groups of four lawyers to use the conference room was instituted because other inmates complained that the Rodriguez-Orejuelas were meeting with their lawyers daily and monopolizing the room.
***
Moreno also sought to resolve the issue of whether legal fees Miguel Rodriguez-Orejuela paid Markus are clean. Markus has asked the government to review his files and inform him if they have knowledge that the fees are derived from illegal gains, but prosecutors have refused. Rodriguez-Orejuela’s previous attorney, Jose Quiñon of Miami, said he could not satisfy himself that the fees were untainted and withdrew from the case. The issue is being closely watched by other local defense attorneys.
***
Moreno pressured the government to state whether it had knowledge whether the fees Markus accepted were dirty and if he could be charged with money laundering. After much questioning, Axelrod said he had no such knowledge. Moreno said neither the government nor he want to get involved in the issue because it would set policy and a precedent for future cases. “If they did it for you they’d have to do it for everyone,” he said. “You go to Washington or the appellate court to set policy. I don’t think I should meddle in the attorney-client relationship.” But he gave the government a subtle message when he told Markus, “If you were ever charged with anything, you’d have a perfect defense. You should feel good about this, confident and relaxed. You think the government would want to be the recipient of the government’s wrath? This is not a blessing, but almost.” He also said he did not think taxpayers should be footing the bill for the Rodriguez-Orejuelas’ defense. After the hearing, Markus said that he is more comfortable with his fee and will continue representing Miguel Rodriguez-Orejuela. “I’m pleased that Judge Moreno required the government to say that no crime has been committed and that no conflict exists,” he said. “It’s now on the record.”
Judge Federico A. Moreno lashed out at a federal prosecutor and deputy prison warden Tuesday, calling rules at the Federal Detention Center in Miami barring inmates from being able to meet with their lawyers in conference rooms “asinine” and “stupid.” After threatening to bring accused Cali cartel drug lords Gilberto and Miguel Rodriguez-Orejuela to his courtroom to meet with their lawyers, prosecutors agreed to alter restrictive regulations at the Special Housing Unit of the Federal Detention Center in Miami so that lawyers can meet with their clients under better conditions. “I think this is absolutely stupid, it is asinine,” Moreno yelled. “To not use a conference room when it’s empty anyway — that makes no sense. If I have to run the SHU myself, it will take the 11th Circuit Court of Appeals to stop me.” The outburst came during a hearing on whether the Rodriguez-Orejuelas should be released from the SHU unit and whether the government has knowledge about whether the brothers’ legal fees to their new attorney, David Markus of Miami, are clean. The judge exploded in anger after Markus and his co-counsel Roy Kahn of Miami argued that they are not permitted to use a conference room in the unit to meet with their clients — even though the room is usually empty — due to a prison rule that the room can only be used if four attorneys are present. Instead, they told Moreno, they have to meet them in a tiny room with no bathroom, air conditioning or water and share documents through a tiny slot in the glass.
***
Finally, Moreno threatened to make his courtroom available for meetings between the Rodriguez-Orejuelas and their lawyers if the prison did not accommodate them. “I don’t want to do that,” he said. “But we have bathrooms here. I can be very innovative at resolving conflicts. I have to give people access to their lawyers.”
***
Under assault, Assistant U.S. Attorney Matthew Axelrod, after a quick private consultation with Wombacher, agreed to change the regulations and allow the conference room to be used by any attorneys. “The policy will change,” he said. Axelrod had argued that the prison has reasons for its rules regulating the use of the conference room. He said contraband had been found in the bathroom when lawyers were allowed to use it. He also said that the policy of only allowing groups of four lawyers to use the conference room was instituted because other inmates complained that the Rodriguez-Orejuelas were meeting with their lawyers daily and monopolizing the room.
***
Moreno also sought to resolve the issue of whether legal fees Miguel Rodriguez-Orejuela paid Markus are clean. Markus has asked the government to review his files and inform him if they have knowledge that the fees are derived from illegal gains, but prosecutors have refused. Rodriguez-Orejuela’s previous attorney, Jose Quiñon of Miami, said he could not satisfy himself that the fees were untainted and withdrew from the case. The issue is being closely watched by other local defense attorneys.
***
Moreno pressured the government to state whether it had knowledge whether the fees Markus accepted were dirty and if he could be charged with money laundering. After much questioning, Axelrod said he had no such knowledge. Moreno said neither the government nor he want to get involved in the issue because it would set policy and a precedent for future cases. “If they did it for you they’d have to do it for everyone,” he said. “You go to Washington or the appellate court to set policy. I don’t think I should meddle in the attorney-client relationship.” But he gave the government a subtle message when he told Markus, “If you were ever charged with anything, you’d have a perfect defense. You should feel good about this, confident and relaxed. You think the government would want to be the recipient of the government’s wrath? This is not a blessing, but almost.” He also said he did not think taxpayers should be footing the bill for the Rodriguez-Orejuelas’ defense. After the hearing, Markus said that he is more comfortable with his fee and will continue representing Miguel Rodriguez-Orejuela. “I’m pleased that Judge Moreno required the government to say that no crime has been committed and that no conflict exists,” he said. “It’s now on the record.”
Tuesday, January 31, 2006
Welcome Justice (sc)Alito
We have a new Associate Justice, Sam Alito. This means we still don't have a Justice from Florida -- EVER. I still think it's time we get one.
My favorite picture from all the coverage is the one at the upper left, with his family in front of the Clinton potrait.
BTW, lots of comments lately. Although we're not debating who the better PD is or whether a lawyer has ever slept with a juror, the debate is interesting. Check it out.
UPDATE -- someone doctored the Clinton picture. See here.
Saturday, January 28, 2006
New Abramoff Prosecutor...
... is Andrew Lourie, a career AUSA here in Miami. Lourie will take over the public integrity section of the Department of Justice for Noel L. Hillman who has been nominated for a federal judgeship.
A couple questions:
1. What's the story on Lourie?
2. Why isn't the local media covering the Abramoff story more closely? Is it me or does it seem like no one down here really cares about this stuff? Abramoff is front page news around the country...
A couple questions:
1. What's the story on Lourie?
2. Why isn't the local media covering the Abramoff story more closely? Is it me or does it seem like no one down here really cares about this stuff? Abramoff is front page news around the country...
Friday, January 27, 2006
Ambulance Chasers?
And people say criminal lawyers are sleazy... Check out this story by Julie Kay and Jessica Walker about law firms -- posing as grief counselors -- chasing airplane crash victims, even as they were preparing to go to funerals. The article begins:
Representatives of a Chicago law firm posed as American Red Cross grief counselors to gain access to relatives of the victims of a Chalk’s Ocean Airways crash in Miami, according to complaints filed with the Florida and Illinois bars.As a result of the complaints, The Florida Bar is also investigating a West Palm Beach-based law firm for possible violations of Bar rules in its solicitation of the Bahamian relatives of passengers who were killed in the Chalk’s seaplane crash.The alleged misconduct also could violate a federal law intended to protect the families of plane crash victims from being approached by lawyers immediately after the death of their relatives.The Bar complaints were filed on Jan. 3 by Miami lawyer John Ruiz, who represents relatives of one of the crash victims. He contends that lawyers for the Rose Law Firm of West Palm Beach and the Chicago-based Nolan Law Group used improper client solicitation tactics. According to the complaint, lawyers from the firms posed as psychiatrists and Red Cross volunteers, and knocked on the doors of the grieving families in Bimini as early as the day of the crash.
Representatives of a Chicago law firm posed as American Red Cross grief counselors to gain access to relatives of the victims of a Chalk’s Ocean Airways crash in Miami, according to complaints filed with the Florida and Illinois bars.As a result of the complaints, The Florida Bar is also investigating a West Palm Beach-based law firm for possible violations of Bar rules in its solicitation of the Bahamian relatives of passengers who were killed in the Chalk’s seaplane crash.The alleged misconduct also could violate a federal law intended to protect the families of plane crash victims from being approached by lawyers immediately after the death of their relatives.The Bar complaints were filed on Jan. 3 by Miami lawyer John Ruiz, who represents relatives of one of the crash victims. He contends that lawyers for the Rose Law Firm of West Palm Beach and the Chicago-based Nolan Law Group used improper client solicitation tactics. According to the complaint, lawyers from the firms posed as psychiatrists and Red Cross volunteers, and knocked on the doors of the grieving families in Bimini as early as the day of the crash.
Thursday, January 26, 2006
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