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
Monday, August 14, 2023
Justice Thomas Seeks Response from City of Miami in Voting Map Case
Friday, August 11, 2023
Judge Bloom Strikes Down Florida Lobbying Ban
Big month for First Amendment cases in the district. Judge Bloom ruled that an Amendment to the Florida Constitution prohibiting Florida elected officials from lobbying any government entity on certain topics violated the First Amendment. The defendants had argued that the restrictions were intended to address quid pro quo corruption or its appearance. Compelling state interests aside, the Court ruled that the law was too baggy to survive the narrow tailoring test. The Court did uphold a separate provision barring former government officials from lobbying discretely identified government entities/officials for a limited period of time (six years after the government officials left office).
See, all those tests you had to learn in Con Law are still useful! Opinion below.
In other news, football is back! Dolphins v. Falcons preseason game is on tonight @ 7 p.m. (CBS). March to the Super Bowl begins tonight....
Stillman Order by John Byrne on Scribd
Wednesday, August 09, 2023
What is a reasonable attorney rate in Miami?
Gibson Dunn's normal partner rates are $1,815 and $1,785/hour.
They asked for a reduced rate of $950/hour on a case here in Miami.
Chief Magistrate Judge Edwin Torres reduced those rates to $700/hour in this Report & Recommendation.
Here's the Reuters report about it:
"The court's task in a fee petition is not simply to award what a local client could be willing to pay for a given superstar lawyer," Chief U.S. Magistrate Judge Edwin Torres wrote in his report.
Peak One's lawyers included Gibson Dunn partners Helgi Walker in Washington, D.C., and Barry Goldsmith in New York.
Tuesday, August 08, 2023
RIP Gary Kravitz
5:30 p.m. -6:00 p.m. Reception
6:00 p.m.-7:00 p.m. Program
7:00 p.m.- 7:30 p.m. Reception
Here is the very nice obit:
Gary Neil Kravitz, 66, beloved brother, Godfather, uncle,
friend, colleague, and professor, passed away peacefully on July 29, 2023, surrounded
by family and close friends, listening to his favorite music, and celebrating a
life well-lived.
Gary was born in Philadelphia, Pennsylvania on December 13,
1956, the youngest of three to his parents Leonard and Miriam Kravitz, with
older sisters Doris and Faye. Gary and his parents moved to Hialeah, FL in 1969.
After graduating high school, Gary moved to Gainesville, Florida to attend the
University of Florida where he graduated with high honors and later attended
the U.F. Levin College of Law.
During his professional career, Gary served as a law clerk
to several United States Magistrate Judges and a state appellate judge. He also
spent time in private practice, with a concentration on civil and criminal
appeals. In 2008, he joined the faculty at St. Thomas University, Bejamin L.
Crump College of Law where he’d been an adjunct professor since 1996. He served
as President of the Federal Bar Association, South Florida Chapter, and the
Peter T. Fay American Inn of Court, and several other professional associations
and Bar committees. He was also admitted
to the Supreme Court of the United States.
At St. Thomas Law, Gary loved and is beloved by the countless
students whose lives he touched. Gary was
a devoted and compassionate professor who was beyond generous with his time and
wisdom. These traits made him a popular and defining figure for many alumni at
St. Thomas Law. He always strived to do
right by his students and exhibited the utmost professionalism and civility,
treating everyone with dignity and respect. His quick wit might catch you by surprise if
you didn’t know him, or even if you did. Gary was the person colleagues and
students alike could count on for support. A mentor to many, he served as a role model for
us all.
The simplest pleasures brought great joy to Gary. He loved the oldies—Frank Sinatra, Louie Armstrong,
Ella Fitzgerald—and classic films—Casablanca, The Treasure of Sierra Madre, 12
Angry Men. He loved reading biographies of U.S. historical figures, which in
part explains his tremendous grasp on the American system of justice. He
especially loved sharing laughter and meals that always included red wine, with
family, friends and students who became friends. Gary’s devotion to his students
was only eclipsed by the love he had for his Godchildren, Dustin, Brandon and
Olivia Thaler.
Gary is survived and lovingly remembered by his sister Doris
Jones, brother-in-law Rick Jones, nephews Ronnie and Joseph Listman, niece Dianne
Pasley and her husband Dave, his Godchildren Dustin, Brandon and Olivia, and
his many friends who became family over the years. He was predeceased by his parents Leonard and
Miriam, and his sister Faye Listman.
Gary’s family and friends are grateful for the treatment and
compassionate care he received from the doctors, nurses, and staff at the
Cleveland Clinic in Weston. May he rest in peace, and may we forever remember
the lessons he imparted upon us –both in law and in life.
Sunday, August 06, 2023
bonus episode of For the Defense -- John Lauro for Donald J. Trump
You may have seen John Lauro on all of the talk shows today, defending his new client Donald Trump. He graciously agreed to appear on For The Defense with me as well. No matter what you think of his client, I think you'll find his discussion of the issues really fascinating. And unlike the news shows, we were able to go in depth on a variety of topics, including use of the media, defense strategy, venue, recusal, and so on. I also uploaded it to YouTube this time. Let me know what you think. As always, you can catch this and other episodes on every podcast platform including Apple, Spotify and Google, All other platforms can be accessed on this website.
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Saturday, August 05, 2023
Now that's a speech
Big shout out to Judge Milton Hirsch for this incredible and well-deserving award from NACDL. His acceptance speech is worth listening to. What a story. And it's delivered with such heart and passion. The best. He starts at 8:45:
Friday, August 04, 2023
Media in DC permitted to have cell phones and electronics in courthouse for Trump's arraignment
The sky did not fall.
And all would be fine if we permitted cameras in the courtroom.
That way, we could see it for ourselves and not have to rely on print reporting about it. Here's a pretty good summary:
If you blinked, you missed it.
For a fleeting moment Thursday, Donald Trump and special counsel Jack Smith — the man who could put him in prison — appeared to make eye contact as the former president prepared to fend off charges that he sought to subvert American democracy itself.
That shared glance crystallized the historic weight of Thursday’s arraignment, the third in recent months for the former president who is fighting federal and local prosecutors even as he appears to be coasting to the 2024 GOP presidential nomination.
Smith said nothing audible during his hour in the room, but repeatedly shot glances at Trump, who occasionally shot them back until their eyes briefly met.
Even before Donald Trump entered a federal courtroom and declared himself “not guilty” on four felony charges related to his effort to derail the transfer of presidential power, the weight of history was evident in Washington, D.C.’s federal courthouse.
***
Minutes before Trump entered the pin-drop silent room, several federal judges — who have been processing the carnage of Jan. 6, 2021 for more than two years — filed into the public gallery, turning themselves into spectators in a building they typically rule. Chief Judge James Boasberg, who presided over several of the secret grand jury battles that preceded the charges against Trump, was among those marking the moment.
***
Minutes before Trump entered the pin-drop silent room, several federal
judges — who have been processing the carnage of Jan. 6, 2021 for more
than two years — filed into the public gallery, turning themselves into
spectators in a building they typically rule. Chief Judge James
Boasberg, who presided over several of the secret grand jury battles
that preceded the charges against Trump, was among those marking the
moment.
Wednesday, August 02, 2023
Eleventh Circuit Rules for UM in Lawsuit Based on Remote Learning During Pandemic
Covid-related lawsuits have now worked their way up to the Eleventh Circuit. The Court just issued a ruling relevant to one species of these lawsuits: lawsuits against universities for failing to provide in-person education during the pandemic. The plaintiff in the case sued University of Miami for breach of contract and unjust enrichment, arguing that UM should refund a portion of her tuition for the Spring 2020 semester because she didn't receive the benefits of in-person learning. The trial court (Judge Singhal) granted summary judgment for UM.
The plaintiff didn't fare any better before the Eleventh Circuit. On the breach of contract, the Court held that UM didn't breach any express or implied contract, noting that provisions in the Student Handbook gave the school wiggle room to temporarily shut down the campus. On unjust enrichment, the Court held that it wasn't inequitable for UM to retain the tuition given that the school (a) provided remote education and (b) was barred (by multiple executive orders) from providing in-person eduction.
This ruling only applies to UM, of course. But the unjust enrichment analysis looks exportable to claims against other colleges and universities and, on the breach of contract front, I have to think that UM's Student Handbook language is comparable to language in other student handbooks.
Also...a nice UM shoutout by Judge Wilson--who graduated from both Notre Dame and Notre Dame Law School--in the conclusion: "We hope that some comfort can be found, however, in our certainty that despite enduring the hardships created by the pandemic, any student who has earned a degree from a school like the University of Miami retains the unspoiled potential for a fulfilling and prosperous future." 🙌
Order in UM Covid Case by John Byrne on Scribd