Justice Thomas Seeks Response from City of Miami in Voting Map Case

By John R. Byrne

A few weeks back we covered Judge Moore's order throwing out the City of Miami's voting map plan on concerns of racial gerrymandering and adopting the plan proposed by the plaintiffs. The City got the Eleventh Circuit (with a dissent from Judge Wilson) to stay the order, prompting the plaintiffs to ask SCOTUS for emergency review.

Justice Thomas, who handles emergency appeals from the Eleventh, appears to be seriously considering the request. Last Thursday, he ordered the City to respond to the plaintiffs' appeal by 5 p.m. today. The Herald covers it here.

Judge Bloom Strikes Down Florida Lobbying Ban

By John R. Byrne

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

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.

RIP Gary Kravitz

Very sad to hear Gary Kravitz passed away.

Gary was a long-time fixture here in federal court.  He was a career clerk for Judge Dube and also served as a law clerk for other magistrate judges.  He then went on to teach at St. Thomas School of Law.  

He was just a good, nice guy.  He was always kind and encouraging to lawyers in his courtroom.

His longtime co-clerk and colleague at St. Thomas, Lourdes B. Fernandez, had this to say: 

For me, I met Gary my 1L year at STU Law as my ever-so-strict Legal Writing Professor and before long he became my mentor. Not always telling me what I wanted to hear, but what I needed to hear. I followed him to Federal Court and he became my work colleague and grew to be one of my closest friends. Beyond doubt, Professor Gary Kravitz was the most powerful influencer in my legal career, and I still praise God for him every day. 

St. Thomas Law is hosting a Celebration of his life on Thursday, August 24^th from 5:30 p.m. to 7:30 p.m. 

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.

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. 

Please send me your feedback -- and of course, subscribe, like and comment!  If you have a friend that would like to receive these updates, please have them sign up here.   Hosted by David Oscar Markus and produced by rakontur

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:

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.

 

Eleventh Circuit Rules for UM in Lawsuit Based on Remote Learning During Pandemic

By John R. Byrne

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