B-Girls jury still out

They started deliberating on Thursday and could be heard laughing in the jury room on Friday afternoon.  Not sure what that means... But no verdict yet.  As soon as I hear something, I will post it.

The cat comments are weird, but the comment about Judge Rosenbaum's investiture was nice.

And speaking of investitures, the Senate is confirming more district judges... When will Judge Thomas be confirmed?


Finally, Richard Catalano can now listen to Justin Timberlake as loud as he wants.  Here's Richard:    

Excellent piece in USA Today on snitching

By Brad Heath.  Almost one out of every eight federal prisoners have had their sentence reduced for cooperation.  That's a huge number.  And here's an interesting graphic on how that breaks down:

Robin Rosenbaum investiture today...

...in Ft. Lauderdale.  Congrats!

Breathe.

 The Miami Herald has some tips for managing stress in today's paper, and it includes advice from Judge Gold:

Alan Gold, a federal judge for the Southern District of Florida, also practices mindfulness meditation and has become a proponent of teaching practices for stress reduction to attorneys. Gold has advocated for the creation of a task force on the mindful practice of law with the Dade County Bar Association and the local Federal Bar Association.
Gold says he regularly sees attorneys shuffle into his courtroom on the brink of a breakdown. He links erosion in the degree of civility in the profession with lawyers’ inability to cope with extreme stresses.
They may lash out in anger at a co-worker, assistant, client — or even a judge.
“If you recognize you’re in this situation, the next step is to get out of it. The quickest and simplest way is to slow down and take time to focus on your breathing. This is not something that comes naturally for lawyers. It’s counterproductive to their bottom line way of doing business,” he says.

Read more here: http://www.miamiherald.com/2012/12/11/3137810/tips-for-managing-workplace-stress.html#storylink=cpy#storylink=cpy

Lewis and Tein might be breathing easier today after the case against them has suffered another setback. From the DBR:

Another deposition supports Miami law firm Lewis Tein's position in its fight to exonerate itself from accusations that it lied about its fee for representing two Miccosukee tribal members who were sued for wrongful death.
***
This sparked a deposition of Bert, who previously signed an affidavit that his legal fees were in essence loans. Bert is not fluent in English.
In the deposition, which took place Nov. 27 and Dec. 3, Bert appears confused about what constitutes a loan. He first denies there was a loan agreement between the tribe and Lewis Tein.
Lewis Tein, in a Dec. 7 pleading, accused the Bermudez family attorneys of trying to confuse Bert through semantics. The money extended to him and his daughter wasn't specific to Lewis Tein but for legal representation by any firm or lawyer.
"Those lawyers knew or should have know (sic) that Mr. Bert and Ms. Billie did not obtain loans specific to Lewis Tein but were ultimately responsible to pay back the tribe from their future quarterly distributions," stated the motion filed by attorney Paul Calli, a Carlton Fields partner who is representing Lewis Tein.
But in the second day of the deposition, Bert clarified his answers, saying he was just being truthful when his attorney, Jose M. Herrera of Miami, asked him if the loans were earmarked for Lewis Tein.
"When he asked me the question, when Mr. Herrera asked me the question about the loan, I said 'no' because I did not request a loan or assistance to pay the Lewis & Tein (sic) attorney fee specifically," Bert said.
Rodriguez, in the second day of deposition, also asked: "Mr. Bert, did you ever obtain any loans from the Miccosukee tribe to pay for the legal fees generated by Lewis Tein in their representation of you in the Bermudez case?"
Bert answered, "Yes."
Rodriguez then asked if Bert ever answered to the contrary. He replied: "I'm not sure. But because it went through general council approval, I didn't have a separate loan."
An interpreter translating for Bert said he assumed that because the general council approved his request, it didn't constitute a traditional loan.
Rodriguez continued to press Bert on the subject.
"He has told you three ways to Sunday, despite your best efforts, that he knew of the financial arrangement," Calli said. "And that just like Jasper Nelson, the vice chair of this tribe said, it approved these loan payments, those distributions. And you are trying to confuse him with this issue of loans."

 

Miami cops being investigated for gambling by FBI

According to the Miami Herald:

At least a half-dozen Miami Police officers have been targeted by the FBI for their alleged roles in providing protection for a Liberty City sports gambling operation that was uncovered more than a year ago, according to authorities familiar with the case.
At least one Miami officer has been relieved of duty in connection with the investigation into the bookmaking business, which has been shut down, authorities said.
The initial probe by the FBI, which has been assisted by the police department, evolved into a broader investigation involving some of the officers. Arrests of at least six Miami officers — and possibly more — are expected as early as January, according to authorities.

Read more here: http://www.miamiherald.com/2012/12/11/3137268/fbi-investigating-miami-cops-in.html#storylink=cpy

Appellate action

1.  The Supreme Court denied cert in the Hustler pictures case involving nude photos of Nancy Toffoloni Benoit, who was killed (as was her son) by her husband Chris Benoit.  This was the case where the jury awarded $20 million to the family against Hustler, but the judge reduced it to $250,000.  Then the 11th Circuit threw out the award altogether.  The Supremes denied cert. 

2.  The 11th was also busy deciding the case of the 6-toed Hemingway cats, 907 Whitehead Street, Inc. v. Secretary of the United States Department of Agriculture, Case No. 11-14217 (decided December 7, 2012).

The 11th held that the Department of Agriculture can regulate the Hemingway House because people come to see the cats walking around the grounds.  I wonder how the conservatives feel about the most conservative court in the country finding that more regulation was warranted here. 

I'll see your Holiday Spirit and raise...

Chief Judge Moreno has a holiday spirit order of his own, in which he says "in light of the many upcoming holidays, including Hanukkah, Christmas, New Year's Day, Three Kings, Day, the Bowl Championship Series Game, and Martin Luther King, Jr. Day, the Court GRANTS an enlargement of time for all Defendants."  (emphasis added).

Now we have Judge Cooke and Chief Judge Moreno.  Who's next?

Tis the Season....

Another reason you gotta love Judge Cooke.  Here's an order from the docket sheet of DemeRx, Inc. v. Chrysalis Pharma Partners:

12/04/2012

16

ENDORSED ORDER granting nunc pro tunc 15 Plaintiff's Motion for One Day Extension of Time to File Response to Answer, Affirmative Defense, and Counterclaim. Fortunately, counsel may take advantage of my giving spirit during this holiday season. Generally when I state that no further extensions of a given deadline will be granted, my subsequent orders are consistent with my statement. Nevertheless, Plaintiff may have through and including December 4, 2012 to respond to Defendant's Answer, Affirmative Defense, and Counterclaim. Signed by Judge Marcia G. Cooke on 12/4/2012. (eah) (Entered: 12/04/2012)

That's the spirit! 

Other federal judges have filed a class action seeking higher pay.  Here's the complaint.  From Thomson Reuters:

Pay raises for federal judges is a cause célèbre whose top advocate is the nation's top judge, Chief Justice of the Supreme Court, John Roberts. And, back in October, the movement for higher judicial pay achieved a big victory. As On The Case reported, the Federal Circuit Court of Appeals ruled that the six judges who brought a case demanding their authorized raises were entitled to cost-of-living pay increases that would bump up their base salary by about $25,000. Though that ruling was limited to those six plaintiffs, we noted at the time that other judges looking for similar pay increases could simply bring their own suits and cite the Federal Circuit ruling.
Seven additional federal judges, including Marsha Berzon of the 9th Circuit Court of Appeals and Allyson Duncan of the 4th Circuit, did just that late last week, filing a class action in the U.S. Court of Federal Claims. The proposed class would include the more than 1,000 federal judges who have served during the past six years. The suit, filed by attorneys at Susman Godfrey, dedicates more than a page to the October Federal Circuit opinion, styled Beer v. United States.