Wednesday, December 30, 2009

3d DCA Watch -- Ding Dong Ding Dong



Hi kids it's almost New Year's and the Resplendently Robed Ones have brought out the noisemakers, the legal-in-three-States fireworks, and the heavily swilled, heavily spiked coffee as we launch into this very special holiday edition of 3d DCA Watch:

Morrissette v. NCL:

This case involves someone who may or may not be related to Alanis Morissette.

Nothing else about this opinion is notable.

Valdes v. Optimist Club:

We're finally seeing some pull-back in the expansion of the preemption doctrine during the Bush Years. This well-reasoned opinion by Judge Ramirez seeks to align Florida law with the Supreme Court's recent Wyeth decision.

(Added one more New Year's resolution -- stay away from Tylenol Cold.)

Laquer v. Convergency Plaza:

Hey, once you waive arbitration, you waive it forever.

Industrial Affiliates v. Fish:

"For reasons unknown" Judge Schwartz seems a little ticked at Circuit Court Appellate Division Judges Scott Bernstein, Mindy Glazer, and Maria Espinoza Dennis:
For reasons unknown, the circuit court, appellate division, per curiam denied review of a final order of the Miami-Dade County Equal Opportunity Board awarding damages to the employee, Ms. Fish, in an alleged employment discrimination case.
I know, I hate it when appellate courts just enter per curiams, I mean what kind of lazy slackers do that on a regular basis.....oh, never mind.

Judge Schwartz concludes:
The decision under review therefore represents a clear departure from the essential requirements of the law resulting in a miscarriage of justice and is therefore quashed.
He added, "auld lang syne and Happy New Year!"

13 comments:

  1. Good to see he has mellowed over the years.

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  2. Anyone see the Shumster lately?

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  3. HAVE A SHUMIE NEW YEARS!

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  4. Do Do Dum Dum is more like it.

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  5. How the hell do you have a Shumie New Year?

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  6. don't fucking roll! Shomer shabbos!

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  7. If you are going to be a mean judge, should probably not use the same word twice in quick succession.

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  8. fake Glenn GreenwaldDecember 31, 2009 at 3:14 AM

    What this actually illustrates is that many people are addicted to the excitement and fear of Terrorist melodramas. They crave some of that awesome 9/12 energy, where we overnight became The Greatest Generation and -- unified and resolute -- rose to the challenge of a Towering, Evil Enemy. Armao is angry and upset because the leader didn't oblige her need to re-create that high drama by flamboyantly flying back to Washington to create a tense storyline, pick up a bullhorn, stand on some rubble, and personally make her feel "safe." Maureen Dowd similarly complained today that Obama "appeared chilly in his response to the chilling episode on Flight 253."

    That's because Obama reacted as though this is exactly what it actually is: a lame, failed attempt to kill people by a fractured band of criminals. It's not the Cuban Missile Crisis or the attack on Pearl Harbor, as disappointing and unfulfilling as it is to accept that. It merits analysis, investigation and possibly policy changes by the responsible government agencies -- not a bright-red-alert, bell-ringing, siren-sounding government-wide emergency that venerates Al Qaeda into a threat so profound that the President can't even be away from Washington lest they get us all. As always, Al Qaeda's greatest allies are the ones in the U.S. who tremble with the most fear at the very mention of their name and who quite obviously crave a return of that stimulating, all-consuming, elevating 9/12 glory.

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  9. Happy New Year SFL, save some dom for next!

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  10. Saw the big guy toolin around town in a convertible with a huge Cigar and a big smile on his face. Could have been a set of golf clubs in the back seat as well. Livin large and lovin life...

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  11. cklxnzuhmd, Xrumer help , txcXpxD.

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  12. Your doing a great job. I am really fan of your posts.Thanks a lot.

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