Breaking — Alex Acosta resigns

More to follow.

"Dear Florida Supreme Court: We need your help."

That's how Judge Newsom starts off this opinion, which certifies a question to the Florida Supreme Court. 

Dear Florida Supreme Court: We need your help. Among other much simpler issues, this case presents a knotty and important state-law contract question that is more appropriately answered by you than by us. Accordingly, after clearing away some underbrush, we will respectfully certify to you the following question:

Is a contractual “exculpatory clause” that purports to insulate one of the signatories from “any … damages regardless of kind or type … whether in contract, tort (including negligence), or otherwise” enforceable? Or, alternatively, does the clause confer such sweeping immunity that it renders the entire contract in which it appears illusory? Or, finally, might the clause plausibly be construed so as to bar some but not all claims and thus save the contract from invalidation?

Each possibility finds at least some support in Florida law, each comes with its own equitable pros and cons, and each has dramatically different implications for the case before us.

Alex Acosta press conference

Watch here:



It's strange to me that people are just as angry with Acosta (the prosecutor) as they are with Epstein (the sex offender).  As I've written about here in the Miami Herald, Acosta ensured Epstein had to plead, register, and go to jail. Ten years later, the deal looks too lenient, but to say that he cut the deal for some nefarious reason is not fair.  Anyone who worked with or against Acosta knows that he would not have done that.  Some of the details in the piece are now dated because it was written back in December, but the main point is still the same.  I also wrote this piece for The Hill about Acosta, differentiating a bad deal from real prosecutorial misconduct.

This morning, the WSJ has a similar take here.

Alex Acosta tweets response re Epstein case

Here is the link. 

RIP Meenu Sasser

Very sad. Sasser was only 48. She had esophageal cancer. 

She was the first Asian American judge in Palm Beach. 

She was also a short lister for the district seat in Fort Pierce. 

The Palm Beach Post has the obituary here.