Wednesday, May 27, 2009

3d DCA Watch -- Empathetic, Intellectually Mediocre Latina Judges Edition




Hi kids -- are you sick to death yet of all the hacktacular Sotomayor coverage?

Between Sotomayor and Jon and Kate all day, everyday, I'm about ready to pull a Papa Hemingway myself if this doesn't end soon.

Have we returned to 2005 and entered Stupidville again?

For example, did you know that if you graduated summa from Princeton and were EIC of the Yale Law Review, that makes you "intellectually mediocre"?

Employing the laziest of stereotypes, it's a proven fact that if you are Hispanic and female you are by definition "temperamental and excitable" and possibly "Che Guevara in robes."

Also, although the Obama election proved that our nation has moved past identity politics and we are living in a post-racial world, the only reason Sotomayor was picked is because of affirmative action and also because Obama thinks like a 21-year-old Hispanic girl.

Can someone explain how being a state prosecutor, corporate attorney, and Bush I appointee (with votes from Jesse Helms, Rick Santorum, Bill Frist and others) makes you, as the Herald described today in a front page news article, an "unabashed liberal"?

Shhh, don't tell the WSJ, who had this to say of her business decisions:

The judge has favored corporate defendants in suits that test when cases can be brought as class actions. Judges often must determine whether plaintiffs' claims should be pre-empted by more defense-friendly federal and international laws.

"There is no reason for the business community to be concerned" about Judge Sotomayor, said Lauren Rosenblum Goldman, a partner at Mayer Brown LLP who has represented businesses including Wachovia Corp. and Dow Chemical Co.

In King v. American Airlines Inc., Judge Sotomayor ruled against an African-American couple who claimed they were bumped from a flight because of their race. The judge concluded their case was pre-empted by international law that governs air travel. "We urged a different interpretation, but her decision was in conformity with what other courts were doing," said Robert Isseks, a New York attorney who represented the plaintiffs. "We were paddling upstream."

In 2006, the judge was part of a Second Circuit panel that ruled investors couldn't proceed with a class-action suit accusing Wall Street banks of fraudulently pricing initial public offerings. The ruling negated settlements that would have yielded investors more than $1 billion. "That ruling demonstrated that in securities litigation, she is in the judicial mainstream," said Barry Ostrager, a partner at Simpson Thacher LLP who represented a unit of J.P. Morgan Chase & Co. in the matter.
Simpson Thacher? Mayer Brown? What do those pikers know about commercial litigation anyhow?

Oh hail I can't take it anymore.

Let's wade into the relative peace and security of our resplendently robed ones to the south, who swill coffee with great empathy from their concrete bunker of instajustice, and who dispense PCAs like lumps of coal on a cold Christmas morning, yes it's our patented always exciting, never intellectually mediocre 3d DCA Watch:

Diaz-Hernandez v. State Farm:

Hey, the 3d makes actual law!

Dear State Farm, requiring the insured to also sue the uninsured motorist in addition to the insurer is kind of a jerk move that contravenes public policy of the UM statute and is unenforceable:
[T]he purpose of the UM coverage is to protect the injured motorist, not to benefit the UM carrier or the uninsured motorist. See also Varro v. Federated Mut. Ins. Co., 854 So. 2d 726 (Fla. 2d DCA 2003). If State Farm is in doubt as to whose negligence caused the action, it may call the uninsured motorist as a witness. If State Farm intends to seek subrogation against the uninsured motorist, it may bring the uninsured motorist into the lawsuit. Placing the burden upon the Insured by making it a contractual obligation benefits State Farm, not the Insured. We, therefore, conclude that the provision is against the public policy of the UM statute, section 627.727, and therefore invalid.
Darn activist judges!

Lonestar v. Leview-Boymelgreen:

Who knew you are not supposed to consider affirmative defenses at the motion to dismiss stage:
A motion to dismiss under rule 1.140(b) tests whether the plaintiff has stated a cause of action, not whether the plaintiff will prevail at trial.
State court, what a gas.

Kosoy Kendall v. Los Latinos:

So I guess if you're a tenant facing eviction you have to put a month's rent into the registry of the court. If you don't the statute says you can get an ex parte immediate default.

But here Judge Cohen Lando refused, leading Judge Schwartz in muted tones to patiently observe:
Because the trial court refused, after an adversarial hearing which was itself unauthorized, to issue the writ and, notwithstanding such wholly irrelevant facts as that the payment was subsequently tendered, see Main St. Corp., 947 So. 2d at 492, we grant the present application for mandamus and order that a writ of possession issue forthwith.
When is something not just "irrelevant," but "wholly irrelevant"?

When Judge Schwartz says so!

How's that for empathy?

31 comments:

Anonymous said...

Superb post SFL!

BTW I think you are in need of a little "windsurfing" and Bolero.

Anonymous said...

Ditto -- you may now call SHUMIE TIME for the day.

latina-lovers-of-the-princess said...

They don't like to be forced to pronounce her name right, either-- http://www.washingtonmonthly.com/archives/individual/2009_05/018361.php

GB said...

PIKERS!!!!

Damn, you're good.

latina-lovers-of-the-princess-1 said...

"temperamental and excitable"

Is there any other kind of Latina?

SHUMIE TIME!!!!!!

Anonymous said...

Hi. I'm a newbie here and I enjoy the blog and comments and read it daily. Is there a glossary from you gristled veterans that explains things such as "shumie time" and the "latina princess"? Thanks in advance

Anonymous said...

Damn SFL one "hail" of a posting.

Ah 3:51, only SFL can define the latina princess.

Anonymous said...

Really solid entry, SFL. 3:51, I wouldn't know how to begin!

Anonymous said...

4:26, Ditto. The latina-- wouldn't know where or how to begin.

Anonymous said...

3:51, “Windsurfing” and “workout” buddy.

dylan-ranters-for-the-princess said...

Malaccan gin Gibsons, camera equipment.

Greenberg gang said...

Still raining. Still working. Been here since 7. Racking up the billables today. More than 10 so far.

Remember our motto:

work two
bill four
so you won't be shown the door.

The Greenberg gang.

honest lawyer said...

Greenberg Gang, I bumped into Hilarie in Kentucky today. She thanks you for your service.

Godwhacker said...

As yet, I have no opinion of Judge Sotomayor, except to say that it's distressing how everyone has moved this issue to the front page, and the expense of the torture/war crimes investigation that needs to happen.

It's all about priorities America.

Greenberg gang said...

The Hillster!!! We call her simply "H" - think of how they referred to Bush as "W"- same principle.

She knows nothing...nothing about the
work two
bill four
motto (cough cough cough)

Anonymous said...

The Latina Princess -- somebody I wish to “windsurf” with. Hail I’d settle for her friendship.

Anonymous said...

I'd settle for her just printing my comments.

Anonymous said...

Ditto 7:08.

I gotta find out her achilles heel.

Anonymous said...

she is a 45 year old fat witless clerical worker who lives in a rural canadian farm town of 486 people, writes poorly and seeks solace in a 2-4 per day and in a pathetic fantasy world, posting pictures off the internet.

Anonymous said...

south florida lawyer

he writes so well

I must go to court.

Anonymous said...

Well said 5:51.

Anonymous said...

The latina is the the illegitimate kid of jailed kingpin. She leads an immoral life. I have all the dirt on her, her family and acquaintances. Anyone who shows any interest in her is a person with low values.

Anonymous said...

Nice to see you again, Jack.

Anonymous said...

There are too many "latina" comments on this blog. "Shumie time" is becoming worn, too.

Use the references wisely instead of in every comment.

Anonymous said...

11:26, My words are accurate. I stand by them.

Anonymous said...

"adverbs never hurt anyone", 476 So. 2d 253, 255.

Anonymous said...

10:07, Dude don’t bother. I have left the latina crude slurs anticipating to get a rise out of her. I left comments showcasing my humor/wit and even took the route of being sincere. I don’t have any ulterior motive, just want to get to know her. My two cents shitty remarks have left a bitter taste in her mouth [*insert joke about her mouth here] towards us.

*Fuck! It’s a reflex. Cannot be helped.

Anonymous said...

4:16 here. Have an "insert joke"

I likey the latina glossing her mouth. It leaves a mess all over me, well worth it.

Anonymous said...

11:16, Have a Xbox for sale. Want it?

Anonymous said...

11:16,
Why does it always come back to that? Thanks to you I am sure most of Miami knows.
What do you hope to bring about from posting the same thing over again? Are you that bored to tears and unhappy with your life?

As for some of you others, you ought to write for Hallmark.

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