Thank you Florida Supreme Court!

Thank you Florida Supreme Court!

That's what two different 11th Circuit panels said last week. Pruco Life Ins. Co v. Wells Fargo Bank, N.A. and Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. are per curiam decisions returning to the Eleventh Circuit after the Florida Supreme Court answered the certified questions in each case. In both per curiam decisions, the panel explicitly thanked the Florida Supreme Court.

From Pruco: We thank the Florida Supreme Court for its guidance. In light of its response, we AFFIRM the entry of judgment for U.S. Bank as to the Guild policy, Appeal No. 13-15859, District Court No. 1:12-cv-24441-FAM.

From Altman: Given the benefit of this answer to our certified question, we reverse the grant of summary judgment in favor of C&F, vacate the final judgment, and remand this case to the district court for further proceedings. We thank the Florida Supreme Court for accepting, and answering, the certified question.

Thanks to the tipster for this interesting find.  According to him, this is a pretty rare occurrence, but it happened twice in one week before in our appellate court.

CNN covers Key West sting

UPDATE--And in other news, here's some shameless promotion for my daughter who is performing in a professional show, Ride, tonight (Thursday) at 7:30 (and Saturday at 7:30) at Area Stage on US1 in South Miami (the old Riviera movie theatre). Come check it out!



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CNN covers the Key West sting to "bring down an ISIS-supporting weightlifter" here. The pepper eating seems weird:

Harlem Suarez grabbed a jalapeno pepper from his plate and took a big bite. The heavily tattooed Cuban-American crepe-maker was eating dinner with two new friends, Shariff and Mohammed, at a Denny's in Key West on a warm June night. Suarez wanted to impress them but they laughed instead, joking in Arabic that he seemed suicidal.
"You've got nothing to prove, man," said Mohammed, as Suarez's eyes welled up with tears from the heat of the pepper.
Suarez did have something to prove. He wanted to convince Mohammed and Shariff that he was a devout jihadist with a grand plan to rain hell on Key West.
Never mind that Suarez had tried and failed repeatedly to make contact with ISIS recruiters abroad, according to court documents. He spent most of his downtime lifting weights at the gym and partying at kitschy bars on Duval Street.

Before long he'd be one of only two Americans sentenced to life in prison by the US government for plotting terror attacks on behalf of ISIS.
***
One Facebook user accepted Suarez's friend request because he saw they had a mutual friend. He was alarmed by the images and rhetoric on Suarez's page, so he notified the Palm Beach County Sheriff's Office and gave screen grabs to the FBI. Within weeks of the initial tip from the Facebook friend, the FBI had a surveillance team following Suarez around the clock. At least 20 agents surveilled Suarez each day and sometimes 10 to 20 extra FBI employees were brought in to help keep tabs on him, according to court testimony. Mohammed, one of Suarez's dining companions at Denny's, was a paid FBI informant who specialized in terror cases. Shariff was an undercover agent posing as an ISIS supporter who knew a bomb-maker. They were both wired for sound and video as they joked about spicy peppers at the chain restaurant that calls itself "America's diner," famed for its big breakfasts and epic menu.
Mohammed said, "Eating those jalapenos is a struggle, it's a jihad."
As the three laughed, Shariff praised Suarez, "He said he didn't know any Arabic (but) he knows 'jihad.' "
Suarez didn't know Arabic. Nor did he recognize the name of ISIS' leader, Abu Bakr al-Baghdadi. Mohammed taught him about al-Baghdadi and introduced him to the terror group's handbook, "How to Survive in the West." Mohammed told Suarez he had camera gear and said they should make a recruiting video. The two wrote the script at Burger King and filmed it in a roach-laden room at a Knights Inn in Florida City.

SDFLA is #1!!

We’re #1! The Southern District of Florida is #1 ...

... in health care fraud. According to a just-released report by the Sentencing Commission, our District had 131 health care fraud defendants in 2016. The next closest district, the Eastern District of Michigan, had 40 defendants.


The Top Five Districts Health Care Fraud Offenders FY 2016
Southern District of Florida (N=131)
Eastern District of Michigan (N=40)
Central District of California (N=27)
District of Puerto Rico (N=23)
Southern District of Texas (N=20)

News & Notes

News & Notes

1. The Supreme Court is still open for business, and it was issuing opinions and cert grants this morning.

2. Is Chief Justice Roberts moving towards the center? This BuzzFeed article suggests that he is.

3. The 11th Circuit tossed this lawsuit by a Dolphins' coach against the NFL and Ted Wells.

4. Justice Ginsburg says #MeToo.

Justice Alex Acosta?

Justice Alex Acosta?

Politico has an interesting article this morning that Labor Secretary Alex Acosta may be in line for a federal judgeship. The questions is whether it would be on the 11th Circuit or the Supreme Court:

Business representatives now see these ambitions as possibly driving Acosta’s risk-averse approach to the DOL, even as several of his executive branch counterparts are moving to aggressively disrupt other agencies. A stalled Senate confirmation process for department leadership posts below Acosta has also contributed to the pace.

Whether the White House actually has Acosta on its radar to fill a potential Supreme Court or appellate vacancy is unclear. But Bloomberg Law interviews with those who know the secretary and a review of his public comments dating back to the 1990s demonstrate Acosta’s undeniable passion for the judicial system. What’s more, he is close friends with Leonard Leo, the Federalist Society vice president credited for orchestrating the selections of the last three Republican-appointed Supreme Court justices.

Acosta is “certainly somebody who has a lot of credentials that you would look for in appointing judges,” Ronald Cass, a past chair of two Federalist Society practice groups and former member of the American Bar Association committee that screens judicial appointments, told Bloomberg Law. “He’s got a broad academic background, a broad legal background, he’s somebody who is clearly bright and thoughtful.”

Acosta would make an excellent Judge. I hope this story has legs.

News & Notes

News & Notes

1. Marc Caputo is saying that its Judge Ariana Fajardo's job to lose for U.S. Attorney in the Southern District of Florida:

A Miami family-law judge has taken a major step closer to being the next U.S. Attorney in South Florida now that her leading rival for the post has taken a job with a top Florida lobbying firm with close ties to President Donald Trump.

The behind-the-scenes contest for the job as top prosecutor in the district that encompasses Trump’s so-called “Winter White House” of Mar-a-Lago has raged for about a year and appeared to come down to Miami-Dade Judge Ariana Fajardo Orshan and former state Rep. José Félix Díaz, a former contestant on Trump’s show, “The Apprentice.”
***
Fajardo, backed by both Sen. Marco Rubio and Gov. Rick Scott, was considered for the post after the Trump administration, Rubio and the Justice Department deadlocked on other choices for the post. Soon after her name surfaced, insiders considered her the front-runner for the job.

“With Díaz out, it unclogs the drain,” said one source familiar with the White House’s decision-making over the U.S. attorney post.

Said another: “As long as Judge Fajardo passes her background checks, she should be the next U.S. attorney in South Florida.”

2. Mickey Munday was convicted today. And immediately remanded. No more Cocaine Cowboy interviews... (prior coverage here).

Judge Altonaga orders plaintiff to “certif[y] the pleading has been reviewed and approved by a teacher of the English language — such certification is to be included in the notice of filing the second amended complaint.”

Judge Altonaga orders plaintiff to “certif[y] the pleading has been reviewed and approved by a teacher of the English language — such certification is to be included in the notice of filing the second amended complaint.” (See order here).

OOOOF!

From Judge Altonaga's order:

The Court notes Plaintiff’s proposed Second Amended Complaint is replete with grammatical errors, including improper punctuation, misspelling of words, incorrect conjugation of verbs, and lack of apostrophes when required for possessive adjectives; sentence fragments; and nonsensical sentences. The proposed Second Amended Complaint is also an eyesore, with its formatting errors and spaces.

This caught the eye of Above The Law, which first reported on Judge Altonaga's order here.

That blog reports that the case was voluntarily dismissed shortly thereafter.

“This ruling sentences this highly intelligent, deeply lonely, and distressed ____ to a lifetime of physical and psychological harm, confined to a tiny concrete cell without family, friends, or freedom,”

“This ruling sentences this highly intelligent, deeply lonely, and distressed ____ to a lifetime of physical and psychological harm, confined to a tiny concrete cell without family, friends, or freedom.”

That was not a quote about some criminal defense lawyer's client.  The missing word was orca and the quote was by Jared Goodman, director of animal law at the PETA Foundation, after the 11th Circuit ruled against PETA in its quest to release Lolita.

From Reuters:

By a 3-0 vote, the 11th U.S. Circuit Court of Appeals in Miami rejected claims by People for the Ethical Treatment of Animals (PETA) and others that keeping Lolita in captivity violated the federal Endangered Species Act.

“The evidence, construed in the light most favorable to PETA, does not support the conclusion that the conditions of her captivity pose a threat of serious harm to Lolita,” the court said.

Friday’s decision upheld a lower court ruling. The lawsuit began in July 2015, two months after the National Marine Fisheries Service recognized whales such as Lolita as an endangered species.

***

The appeals court ruled nine days after Bob Barker, the former host of “The Price Is Right” game show and animal rights advocate, called for Lolita’s release in a video posted on PETA’s Twitter account.

Here's the opinion.