Friday, March 24, 2017

Don't Skim!

Turns out your intuition was correct -- in general removing naturally produced fat from naturally-produced food is a really bad thing, for example with milk all you get stuck with is inert sugar water -- I learned all this from the 11th Circuit btw:
Consistent with standard practice, the Creamery produces cream by causing it to rise to the top of the milk and then skimming it off.  The leftover product is skim milk:  milk that has had the fat removed through skimming.  Incidentally, the skimming process depletes almost all the vitamin A naturally present in whole milk because vitamin A is fat-soluble and is thus removed with the cream.  Vitamin A levels can be restored by introducing an additive to the resulting skim milk.  The Creamery prides itself on selling only all natural, additive-free products, and therefore refuses to replace the lost vitamin A in its skim milk.  Its product contains no ingredients other than skim milk.  The Creamery only sells its skim milk in Florida.1 Florida law prohibits the sale of milk and milk products that are not Grade “A,” which requires, among other things, that vitamin A lost in the skimming process must be replaced.
Here's where things get insane -- the State said they could sell the naturally-produced skimmed milk (with no Vitamin A added) if they just label it as imitation milk product:
Initially, the State told the Creamery it could sell its product without adding vitamin A so long as it bore the label “imitation milk product,” but the Creamery objected to describing its all-natural product this way.  The Creamery and the State entered into discussions with the object of finding a more suitable label for the product that addressed the Creamery’s concerns but did not mislead consumers into thinking the milk was Grade “A” skim milk with replenished vitamin A.
Dear Holy Sky God Person -- WTF is with people?

Happy Friday!

Wednesday, March 22, 2017

3d DCA Watch -- The Majesty of the Law Edition!

Dear Judge Luck, this is now the type of case you'll have to rule on forever and ever into the rule of perpetuities and beyond until bunker doth thou mechanical/gym room part (or hopefully you get elevated):
Orlando Noa appeals a non-final order denying his motion to compel a second appraisal of an insured windstorm loss claim under a policy insuring his home.  The issue presented is whether any effects of “Ordinance and Law” costs were subsumed in the initial appraisal conducted as provided by the policy.  We affirm the order below, concluding that Mr. Noa’s post-appraisal submission of increased costs is not a legally sufficient basis for re-opening the existing appraisal or conducting a new one.
Oy veh with that antiquated Kinney analysis -- SAD!!! (to quote the nutter).

City of Miami lets a class action morph into a full fledged "you should have settled this a while back."

And how was YOUR Wednesday?

Tuesday, March 21, 2017

For Realz???

The Third District Court of Appeal Judicial Nominating Commission (JNC)
announces its interview schedule for all the applicants who have applied for the
vacancy created by the retirement of Honorable Judge Linda Ann Wells.
3rd District Court of Appeal
Applicants for Judicial Vacancy
Thursday, March 30, 2017
Commission will convene at 2:00pm (Non-public)
3:00 p.m. – 3:30 p.m. Jonathan D. Colan
3:40 p.m. – 4:10 p.m. Judge Abby Cynamon
4:20 p.m. – 4:50 p.m. Michael J. Dono
5:00 p.m. – 5:30 p.m. Judge Monica Gordo
5:40 p.m. – 6:10 p.m. John A. Greco
6:20 p.m. – 6:50 p.m. Judge Eric W. Hendon
7:00 p.m. – 7:30 p.m. Susan Scrivani Lerner
7:40 p.m. – 8:10 p.m. Judge Norma S. Lindsey
Friday, March 31, 2017
Commission will convene at 7:00a.m. (Non-public)
8:00 a.m. – 8:30 a.m. Fleur J. Lobree
8:40 a.m. – 9:10 a.m. Roberta C. Mandel
9:20 a.m. – 9:50 a.m. Judge Bronwyn C. Miller
10:00 a.m. – 10:30 a.m. Lisette M. Reid
10:40 a.m. – 11:10 a.m. Oren Rosenthal
11:20 a.m. – 11:50 a.m. Judge Daryl E. Trawick
12:00 p.m. – 12:30 p.m. Judge Angelica D. Zayas
Interviews are open to the public and will take place at the Offices of
McDonald Hopkins LLC, 200 S. Biscayne Blvd., Suite 2600, Miami, Florida

Interviews are open to the public?

You mean, like those nice town halls and rallies everyone's been having lately?

Monday, March 20, 2017

"How Do We Make Sure It Perdures?"

Shrinking revenues, rumors and panic over the possibly troubled future of a beloved institution, but Joe Klock's not worried:
“Barry puts its students first, and it seeks students that adhere to a value system that makes them different,” said Joe Klock, a Barry board of trustees member and Miami lawyer. “Barry fills a special role in Catholic education in our community and in serving a special constituency. These are hardworking kids, many from immigrant families. They’re not debating which island they’re visiting for spring break or which type of Maserati they’re buying.“I’m a big fan of Barry and the type of affordable, personal, public-service oriented education it offers.”
Here here, that's Joe letting it flow -- good for him.

The future's so bright he's gotta wear shades:
Klock, who believes Catholic universities play a distinct role in the higher-ed ecosystem, said he’s not panicked about the future of either school. Herald said Barry and St. Thomas have always been devoted to educating underprivileged students.“You have two institutions who have a very long history of working together in a common mission,” she said. “How do we make sure it perdures?”

Read more here:
Yes, how do we make sure it all perdures?

Is there any other question?

Read more

Wednesday, March 15, 2017

3d DCA Watch -- High Reversal Rate Edition!

Failure to enforce a non-compete -- reversed.

Alexander School's sj against Palmetto Bay -- reversed.

Order denying disqualification of Kluger -- reversed.

Judge Hanzman -- affirmed (in a "well-reasoned analysis outlined by the trial court").

Some things never change.....

Tuesday, March 14, 2017

It's Hard to Be a RICO Case in the 11th Circuit!

That was supposed to be a mangled Springsteen reference, but anyways the 11th has predictably weighed in, with Judge Ungaro sitting by designation in an opinion written by Judge Rosenbaum.

Everyone knows a lawyer, particularly one who cut her teeth in civil litigation in the 90s, who is always screaming "RICO RICO RICO" like it's a mystical talisman that renders judges and juries immune to the tremendous hurdles necessary to plead and prosecute one successfully (not even mentioning the expenses, oy!).

This crap's a lot harder than it looks.

Monday, March 13, 2017

Judge Ungaro Doesn't Fool Around

This doesn't sound good for Brazilian former race car driver Wilson Fittipaldi Jr.
U.S. District Judge Ursula Ungaro issued a warrant for Fittipaldi's arrest Wednesday after her October decision to fine Fittipaldi $100 a day for contempt of court did not motivate the 73-year-old Sao Paulo resident to appear in her Miami courtroom. She ordered police to hold Fittipaldi in custody until he purges himself of contempt in the civil case, which stems from a decade old business deal to finish a partially built 110-foot yacht. Jailing defendants in civil cases is a move judges make rarely.
Don't tug on Superman's cape.

Thursday, March 9, 2017

3d DCA Watch -- This Attorney's Pants Are On Fire Edition!

So one day (reportedly) -- while presenting closing defense arguments in an arson case -- this guy's "e-cig" in his pants caught fire -- excuse me, huh?

Accidental Serendipity!


Judge Scola got a complicated and lawyered-up Brazilian jurisdiction/service dispute entirely correct.

No back door summary judgments (I wish courts would be more consistent about this).

Fire forward good peeps!

Wednesday, March 8, 2017

This Seems Like a Pretty Conclusive Arse-Whipping!

Don't you just love an appellate summary of established facts like this:
Tein likewise controverted the allegations that he had funneled to the Tribe Chairman millions of dollars in excessive fees charged for fictitious or unnecessary services that Tribe members paid for using loans obtained from, but not approved by or intended to be repaid to, the Tribe.
Tein introduced evidence that a Tribe member approved Tein’s invoices and was repaying a loan obtained for legal fees; that Roman billed the Tribe large amounts for his legal services; that Roman had in his custody records of Tribe members’ loan payments; that an accountant for the Tribe was fired after telling Roman about existing loan schedules; and that an independent audit detected no financial irregularities. Roman failed to produce any evidence that Tein transferred money to the Chairman or that Tein overbilled or falsely charged for his legal services.
Congrats to gunslinger Paul Calli and his legal team -- sometimes, even in the Age of the Idiot, the good guys (can) prevail.