He was 99.
And one of the greats.
He served for 35 years.
Appointed by a Republican, but never ideological in his rulings. We need more like him.
Although there’s never been a Justice from Florida, he retired down here so we will count him!
RIP
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
Tuesday, July 16, 2019
"Your honor this is the Southern District of New York."
That was the SDNY AUSA during the Epstein bail hearing yesterday. I wonder how SDFLA AUSAs think of the way that New York prosecutors look down on this (and every other) office.
"Your honor this is the Southern District of New York," Rossmiller said, in what may be fairly read as a veiled dig at the Southern District of Florida.— Adam Klasfeld (@KlasfeldReports) July 15, 2019
Monday, July 15, 2019
Will Jeff Epstein get bail today?
Here is the Government’s bail memo and the defense’s.
Some of the arguments for bail:
—complied with previous conditions of house arrest and probation
—enormous bail package including house arrest and guard
—waiver of extradition
—easily recognizable
—old offense with legal defenses
Some of the arguments against:
—enormous wealth with means to travel
—potential witness tampering
—potential new offenses re images found in safe
—nature and strength of the case
Some of the arguments for bail:
—complied with previous conditions of house arrest and probation
—enormous bail package including house arrest and guard
—waiver of extradition
—easily recognizable
—old offense with legal defenses
Some of the arguments against:
—enormous wealth with means to travel
—potential witness tampering
—potential new offenses re images found in safe
—nature and strength of the case
Friday, July 12, 2019
Thursday, July 11, 2019
"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.
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