Oral Argument in Zantac MDL

By Jordi C. Martínez-Cid

The Eleventh Circuit, specifically a panel composed of Judge Jordan, Judge Lagoa, and Judge Hernandez Covington (sitting by designation), heard oral argument on the appeal from Judge Rosenberg's 341-page summary judgment order in the Zantac multi-district litigation. The appeal deals with interesting issues of jurisdiction, preemption, the role of courts when evaluating scientific evidence, and esoteric MDL issues. Recording of the oral argument can be found here. While most of the cases related to Zantac are pending or have been settled before State courts, the MDL in our district effects thousands of cases. Some observers, such as Courthouse News, suggest that the panel was sympathetic to the plaintiffs' arguments with regard to their challenges to the Daubert rulings. Regardless of how the panel rules, it will likely be worth a read and will have far-reaching consequences.

Justice Kennedy speaks out

 His memoir, Life, Law, & Liberty, is coming out.  So he is speaking... and saying some interesting things.  From the NY Times:

As a justice, he leaned mostly right, siding with the court’s conservatives to strike down campaign finance laws, to gut the Voting Rights Act and to expand the scope of the Second Amendment. But he joined the court’s liberals in cases on abortion, affirmative action and the death penalty.

Justice Kennedy also turned out to be the greatest judicial champion of gay rights in the nation’s history, the author of the majority opinions in four of the court’s landmark gay rights rulings, culminating in the 2015 decision establishing a constitutional right to same-sex marriage.

The rulings were met by cutting dissents from Justice Scalia, who wrote, for instance, that he would “hide my head in a bag” if he ever joined an opinion that began, as the 2015 one did, with this sentence: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.”

But the blow that really stung, Justice Kennedy wrote, was his colleague’s statement in 2015 that there were no genuine Westerners on the court because “California does not count.”

That comment, he said last week, was “way out of line,” as “my upbringing was very much in the West.”

It led to a rift, one that did not start to heal until the next February, when Justice Scalia came to visit. “We had the conversation right here,” Justice Kennedy recalled, “and he was really concerned that he’d gone too hard. He was in earnest, and he was being honest about the fact that he changed his mind and that he was intemperate.”

Justice Scalia, an enthusiastic traveler, was setting off on a hunting trip in Texas, during which he would die in his sleep. “And the last thing he said was, ‘Tony, this is my last long trip,’” Justice Kennedy said. “Which turned out to have multiple meanings.”

News & Notes

Well, I just finished week 4 of this 3 month civil trial in state court. It makes me truly miss federal criminal cases! More on all of this when I finish, if ever.

In the meantime, some news and notes...

1. A few days ago I posted about the Comey indictment and asked what the strategy should be. Interestingly, no one has raised the Hyde Amendment. Although I made some bad law in this Circuit on the ability of a criminal defendant to recover for a vexatious case, you gotta wonder whether that statute will be employed. Maybe these prosecutions will breathe new life into the Hyde Amendment.

2. Things are changing at the U.S. Attorney's Office. Jason Reding Quinones sent an email around last week naming new sections and new chiefs. Previously, he named Yara Klukas (who was as sitting judge) as First Assistant.

Here are the other changes:

Economic Crimes & Cyber Fraud Section -- Michael Berger

Narcotics Section -- Sharad Motiani

Border and Immigration Crimes Enforcement (BICE) Section -- John Grivner

General Crimes Section -- Joe Egozi

Peter Forand stays on as Chief of Criminal. And Yisel Valdes continues as Deputy Division Chief.

Other Retained Section Leadership: National Security Section – Maria Medetis, Chief
Violent Crimes and Special Victims Section – Brian Dobbins, Chief
Collateral Litigation Section – Susan Osborne, Chief
Public Corruption Section – Ed Stamm, Acting Chief
Civil Rights Section – Ed Stamm, Acting Chief

Reception in Honor of Jason Reding Quiñones

By Jordi C. Martínez-Cid

Last Friday, the Cuban American Bar Assocation put together a reception for the U.S. Attorney for the Southern District of Florida, Jason Reding Quiñones, at Tuyo in Miami-Dade College. His First Assistant, Yara Lorenzo Klukas introduced him and highlighted his record of service in both the courtroom and the military. AUSA Lorenzo Klukas, recently herself on the state bench, noted USA Reding Quiñones's time as a judge and in the U.S. Attorney’s Offices in Miami and Virginia, as well as 22 years in the U.S. Air Force and current role as a reserve lieutenant colonel. The Freedom Tower—visible from the venue, subject of yesterday's post, and potentially neighbor to Trump's future presidential library—was also the subject of a story shared by the new U.S. Attorney from the podium. He relayed how his mother, who was in attendance, slept in the tower her first night in the United States after she fled Cuba.

Lawyers Check out Freedom Tower

 By John R. Byrne

Yesterday, a group of lawyers and Chief Judge Altonaga toured the soon-to-be re-opened Freedom Tower. The museum there is incredible and a must visit if you work downtown (and worth the trip if you don't). The tower was built in 1925 as a home for the The Miami Daily News and Metropolis (later shortened to just The Miami News). But from 1962 to 1974, it served as the Cuban Refugee Center, a help center for Cuban refugees fleeing the Castro regime. The recently updated museum has several very cool, interactive exhibits that memorialize the refugee center.

Picture of the touring group below. Thank you to Boies Schiller partner Laselve Harrison for organizing the tour on behalf of the Federal Bar Association and to former US Attorney and current Colson Hicks partner Bob Martinez for sharing this 1962 article about the Cuban Refugee Program. 

James Comey pleads not guilty

 He’s represented by Patrick Fitzgerald, the former U.S. Attorney in Chicago.  I am not sure if he’s ever represented a criminal defendant who went to trial.  At the arraignment, he said it was the honor of a lifetime to be representing Comey.

If you were representing Comey, what would your strategy be?

Speedy demand?

Vindictive prosecution motion? (If so, speedy trial is tolled).

Talk to the media? (Comey has already given a video statement).

What would you do?

Congrats to Jonathan Osborne

By John R. Byrne

On Tuesday, September 30^th, the Federal Bar Association – Broward Chapter held its Annual Installation Luncheon at the Tower Club in Fort Lauderdale. U.S. District Judge Beth Bloom swore in this year’s Board and President Jonathan K. Osborne. Judge Bloom also served as the event’s featured speaker and shared remarks on the critical importance of safeguarding judicial independence. The Broward Chapter honored outgoing President, Darren Spielman, as well as Latoya C. Brown, and Dora F. Kaufman for their outstanding service to the Broward County federal bench and bar.

Pictures below!

Havana Docks Heading to SCOTUS

 By John R. Byrne

The SDFLA is headed to the Supreme Court. Well, at least a case from the SDFLA. It's the Havana Docks case that we've blogged on several times. 

Brief recap for those who have moved the case off your brain docket. 

(1) A corporation, Havana Docks, sued cruise lines for violating the Helms Burton Act ("trafficking" in the docks and piers that had been stolen from the corporation by the Cuban government).

(2) Havana Docks wins a $400M judgment at the trial level (good for Havana Docks)

(3) Eleventh Circuit overturns the judgment, saying that the corporation's concession to operate the docks expired before the trafficking occurred (bad for Havana Docks)

(4) The Supreme Court grants Havana Docks's cert petition (Havana Docks feeling good again!)

Very exciting stuff. Congrats to Stephanie Casey, Thomas Kroeger, Zach Lipshultz, and Bob Martinez of Colson Hicks. 

Cert order below. Glad to see that the Supremes are still knocking out these orders on typewriters. Somebody's got to keep that industry in business. 

The Sun Sets on an Incredible Career

By John R. Byrne

Congratulations to Judge Scola, who retired from the federal bench after fourteen years of service. Before that, he was a long-time state court judge. I, like many others in our district, had the pleasure of appearing before Judge Scola. Before I tried a case in front of him, a seasoned trial lawyer told me, "He'll give you a great trial." What he meant by that was that Judge Scola would be engaged, informed, and would rule with fairness and a heavy dose of common sense. Exactly what you'd expect from a judge who was once a highly skilled trial lawyer himself. Plus, the man sounds like Tom Brokaw when he speaks, which adds to the aura. 

We wish him well in his retirement, which I'm sure will involve long days on the golf course and tennis court. 

His law clerks threw a retirement bash this past Saturday at the Salt Waterfront Restaurant (first picture below).

2025 Federal Bar Association Awards and Installation Gala

 By Jordi C. Martínez-Cid

As previewed by the blog's leader, the Federal Bar Association’s South Florida Chapter hosted its Annual Awards & Installation Gala this past Saturday, September 27, at the Mayfair House Hotel & Garden in Coconut Grove. The blog's own John R. Byrne was sworn in as the organization's 2025–2026 President.

If only Giorgio Armani could see him now...

                                            

Congratulations to: him; the new board; Tanisha Castro, recipient of the Judge Marcia G. Cooke Public Interest Scholarship; Oliver Ruiz, honored with the Distinguished Member Service Award; and the Hon. Beth Bloom who was recognized with the Edward B. Davis Award for Service to the Federal Bench and Bar.

In memory of Judge Brannon

Magistrate Judge Dave Lee Brannon passed away in 2021.

On September 18, 2025, his ashes were interred at the United States Coast Guard Academy in New London, CT. It was a beautiful military ceremony. 

From left to right are Magistrate Judge Pat Hunt, Magistrate Judge Penny Augustin-Birch, Judge Brannon’s wife Dr. Pam Brannon, District Judge Kathleen Williams, and Chief Magistrate Judge William Matthewman. 

It was a fitting ceremony for a great human being who served his country as a Coast Guard Officer, as an AFPD, and as a United States Magistrate Judge with honor, dedication, and integrity.

 

Congratulations to John Byrne and Courtney Cunningham

 Big ups to John Byrne, the incoming president of the Federal Bar Association, South Florida Chapter.  It's a great organization and John is the perfect leader for it.  Courtney Cunningham had a great year as president -- thanks to him for his service.  

Tonight is the big shindig for the organization at the Mayfair Hotel.  Have fun everyone!

SDFLA News and Notes

By John R. Byrne

1. Judge Altman has given speeches across the country about Israeli history as well as its legal system (and also has written a book about these issues that will be published in March). Based in part on those efforts, The Jerusalem Post recently listed him as one of 25 Young Visionaries. Write up can be found here.

2. To celebrate Hispanic Heritage month, our local chapter of the Federal Bar Association has arranged for a private tour of Miami's Freedom Tower on Wednesday, October 8th at 3 p.m. This is for judges and attorneys only. You can RSVP here. 

3. A few days ago, the man charged with attempting to assassinate President Trump, Ryan Wesley Routh, was convicted. He defended himself in the case, which (predictably) led to a fair number of strange moments. The DOJ tapped AUSA Christopher Browne to deliver the closing argument for the government. Referring to a note Routh wrote before he was arrested, Browne told the jury that "It is not every case where the defendant writes his intent down on a piece of paper." The note, which Routh had left in a box at a friend's home, was addressed "To the World" and stated, "This was an assassination attempt on Donald Trump." NBC covers the case here. 

4. Random bit of non-legal trivia for you. Publix celebrates its 95th anniversary this year. Ever wonder where the name came from? Its founder, George Jenkins, took the name from a chain of movie theaters that were operating in Florida at the time. Jenkins wrote in his memoir, "Most of them were closing up, and I liked the sound of the name so I just took it for my store." 

Bloggers Unite! (UPDATED)

Well, even though I'm in trial, I couldn't pass this story up. Apparently AUSA Will Rosenzwieg was fired for running an anti-Trump blog:

 

SCOOP:

DOJ sources tell me that Assistant US Attorney Will Rosenzweig was FIRED yesterday after he was exposed for running an anti-Trump blog.

He was working in the Healthcare fraud unit at the DOJ in Miami, Florida. https://t.co/1VdnFe1c0E

— Laura Loomer (@LauraLoomer) September 24, 2025

Uh oh.  A few more of the supposed details here at the FB page embedded in the Loomer tweet.   

I can't find the blog, but if anyone has a link, please post it in the comments. And if Will wants to comment on what happened, I will certainly post it above the fold.

 More details as I find them out. 

UPDATE -- Here is the feed from the person who broke the story and it has some of the blog posts there. 

Want to Be a Magistrate Judge?

By John R. Byrne

Yesterday, the Court announced a magistrate judge opening in Miami. You can apply here. 

As I understand it, this is technically for Judge Valle's seat, which will be open when she retires in January. Though Judge Valle is based in Fort Lauderdale, Judge Shaw-Wilder, who took Judge Goodman's vacant seat, is currently sitting there. 

We're really going to miss Judge Valle. In addition to being an excellent judge, she had what I think were the best procedures for handling discovery disputes, which is where all the fun is had in civil litigation. 

Slow blogging

 I'm sorry I haven't been on top of the blog recently.  I just started a 3 month civil trial yesterday in Broward.  You civil lawyers are something else! So I really want to thank John and Jordi for their contributions and I'm sure you'll be seeing more of their posts in the coming weeks.

 

In the meantime, did you see that Trump picked Lindsey Halligan to be the interim U.S. Attorney in Virginia.   You may recall that Trump hired her as local counsel during the documents case but she was unable to file because of a PACER snafu.  She started the drive to Miami to file her pleading but the traffic was too much and she wasn't going to make it, so she turned around and filed in Ft. Pierce. The rest is history.  Or so the story goes.  

Hispanic Heritage Event: Our Night at the Museum

 By Jordi C. Martínez-Cid

The Southern District of Florida hosted its yearly Hispanic heritage event yesterday. The event featured Chief Judge Altonaga interviewing former CEO of HistoryMiami and current director of the Smithsonian American Museum of the American Latino, Jorge Zamanillo. Some version of the Museum of the American Latino has been contemplated since the 90s, but the museum has still not been built. It did, however, have its first official exhibit, ¡Presente!, in June 2022, albeit at the National Museum of American History. Funds are still being collected for the future building which hopes to be located in the National Mall.

The event was organized by Hispanic Heritage Committee Co-Chairs Judge López-Castro and AUSA Yeney Hernández. Kudos to them and the rest of the committee for another wonderful event, which always features an extravagant spread afterwards.

Local FBA Chapter Scores Some National Awards

 By John R. Byrne

Our local Federal Bar Association chapter received two national awards at the national convention held in Minneapolis this past Friday and Saturday (the Presidential Excellence Award for the organization's programming and the Outstanding Newsletter Award for, you guessed it, the newsletter). Pictured below is past President Stephanie Turk holding said awards (other guy pictured is the outgoing National FBA president). 

If you haven't yet, get your tickets for the FBA's Annual Awards & Installation gala, which will be held on Saturday, September 27th. You can buy them here. This is always one of the year's best lawyer events to attend and is being held at the revamped Mayfair hotel in the Grove. 

FOR THE DEFENSE WITH CNN'S ELIE HONIG

 We've got a new pod for you and it's a fun one.  Elie Honig sits down with me to talk about the intersection of law, media, and justice — and his new book, When You Come At The King.  It's a great read and I highly recommend it. 

Here's the release for the episode:  Elie Honig, CNN senior legal analyst, bestselling author, and former federal prosecutor, joins David Oscar Markus for a wide-ranging conversation about how the media shapes public understanding of criminal justice. From his time prosecuting mob cases in the SDNY to becoming one of TV’s most trusted voices on legal issues, Honig shares what he’s learned about storytelling in the courtroom — and in front of the camera.

They cover everything from the rise of “celebrity prosecutors,” to whether cameras belong in the courtroom, to how defense lawyers should respond to DOJ press releases and media narratives. Plus, Honig talks about the writing of his latest book, including the behind-the-scenes research that uncovered some of the wildest stories from the Justice Department’s history.

 You can listen to the episode on Apple, Spotify, or on your computer.  You can also watch it on YouTube.

Here's a little clip:

 

2025 Bench & Bar Conference

By Jordi C. Martínez-Cid

The Bench & Bar Conference returned to the Miami Beach Convention Center last Friday, and drew a packed house of lawyers and judges. It offered a full day of programming and networking opportunities, including panels analyzing recent Supreme Court decisions, free speech on college campuses, and all manner of topics relevant to the practice of law, ranging from discussion of local rules to the obligatory panel on artificial intelligence. Fancy coffee, as displayed by the Chief Judge, was consumed.

Best-selling local novelist Brad Meltzer gave the keynote speech during lunch, delivering a version of his viral Make Magic commencement address.

The event was hosted by the U.S. District Court for the Southern District of Florida and the South Florida Chapter of the Federal Bar Association with special recognition due to Judge Altman, Lindsey Lazopoulos Friedman, and Stephanie Casey for organizing.

RIP Larry Hoffman and Dave Coulson

It's been an awful stretch for legal legends in Miami.  We lost two more this week -- Founding partner of Greenberg Traurig, Larry Hoffman, and Winston & Strawn's partner, Dave Coulson.

 

More about Hoffman:

Larry J. Hoffman, one of three co-founders of Greenberg Traurig, P.A., with Mel Greenberg and Robert Traurig, played a key role in charting the firm’s course from its Miami inception in 1967 to its growth today as a global law firm with more than 2,850 lawyers worldwide and 49 locations on four continents. Larry passed away Sept. 11 at his Coconut Grove home, just weeks after his 95th birthday.

Larry’s prescient plan for building a global law firm proved so successful that Greenberg Traurig became the example other law firms follow. He was a leader in the profession who recognized the need to bring a business-minded approach to managing a law firm – a concept that today has become universal.

A successful business owner prior to practicing law, Larry pioneered the concept of running a law firm like a business. He was one of the first law firm leaders to hire experienced professionals to manage the business side of the firm so lawyers could focus on practicing law. He created staff positions in the roles of marketing, professional development, and IT long before they were commonplace in law firms.

 

More about Coulson:

David Andrew Coulson passed away unexpectedly on September 8, 2025, in Philadelphia, PA, while on his way back to Miami from a dream vacation in Italy with the love of his life, his wife Jeannie Etter Coulson. He is survived by Jeannie and their twin children, Chloe Coulson and Connor Coulson, each just starting college. David spoke of his children often, to anyone who would listenso proud of all their accomplishments in school, on the field, or on the golf course. His family, friends and colleagues are so saddened by his sudden loss.

David had a full and inspiring life, which ended way too quickly. He was loved by all who knew him. He was 62 years old, born on October 11, 1962, in Elgin, Illinois to Alan J. Coulson and Carol Y. (Aurand) Coulson, both deceased. He graduated from Larkin High School in Elgin, IL, and then attended and graduated from the University of Miami in 1985. From there, he went on to attend and graduate from Harvard Law School in 1988. He was especially proud that, after law school, he had clerked for the Honorable Stanley Marcus when he was Judge for the United States District Court for the Southern District of Florida. 

 

Lord Stanley makes an appearance in Judge Gayles' chambers