Wednesday, May 26, 2010

3d DCA Watch -- Tangled Up in Blue Edition.

I don't know, I'm in a pretty sour mood this morning.

The oil keeps spilling, the idiots keep talking and/or filing things, the kids grow up, great judges pass on, Dwyane Wade testifies before Judge Adrien, tennis stars do silly things -- you see what I mean?

How 'bout this for quality lawyering:

By Davis's estimate, it took 12-15 minutes to get from the rig to the work boat, but it would take another 36-40 hours before they were to return to shore – even though there were dozens of boats in the area and Coast Guard helicopters airlifting the most severely injured to hospital.

Some of the men were openly furious, while others, like Davis, were just numb. He says they were denied access to the onboard satellite phone or radio to call their families.

When the ship finally did move, it did not head for shore directly, stopping at two more rigs to collect and drop off engineers and coast guard crew before arriving at Port Fourchon, Louisiana.

The company was ready for the men then, with portable toilets lined up at the dock for drug tests. The men were loaded on to buses, given a change of clothing and boxes of sandwiches, and taken to a hotel in Kenner, Louisiana, where finally they were reunited with their families.

Lawyers say the isolation was deliberate and that Transocean was trying to wear the men down so they would sign statements denying that they had been hurt or that they had witnessed the explosion that destroyed the rig.

"These men are told they have to sign these statements or they can't go home," said Buzbee. "I think it's pretty callous, but I'm not surprised by it."

Davis had been awake nonstop for about 50 hours by that point. He signed. Buzbee says most of the men did.

Hey, a contract's a contract.

Oh hail, let's see what the Resplendent Ones have been up to:

Flores v. Riscomp:

"Relation back" doctrine in action:
Although additional allegations of fact were inserted into the complaint as it progressed through its steps, and the legal theories of recovery were supplemented and modified, the substantive factual situation remained the same as that found in the original complaint—a slip and fall on property for which Riscomp was responsible.
Nicely written, though it's all apodictic to me.

Sims v. New Falls:

Judge Shepherd gets a case of "lex loci contractus" (I hope there's a shot for that).

Judge Cope, however, thinks an exception applies, and also uses the fancy phrase "in para materia."

I think I'm glad I'm a litigator instead of a real estate lawyer.

Park Adult v. Dan Designs:

Oh crap, more Rothstein:
At the time the agreed order was entered, the tenant was represented by attorneys at the firm of Rothstein Rosenfeldt Adler (“RRA”) in Ft. Lauderdale, Florida. On Sunday November 1, federal authorities seized the law firm premises in connection with an alleged Ponzi scheme carried out by the law firm’s senior partner, Scott W. Rothstein.

Turmoil at the law firm ensued. According to the attorneys, the firm no longer had an ability to issue trust account checks. It was therefore necessary for the tenant to obtain cashier’s checks to deposit in the court registry. On Monday November 2, the tenant obtained two official checks issued by Citibank, each in the amount of $21,400, for a total of $42,800. On November 3, the tenant provided these checks to counsel. Counsel arranged for one of the RRA law firm’s in-house couriers to deliver the checks to the registry of the court inMiami. The same day counsel served a notice of payment to the court registry and attached copies of the Citibank checks.

However, during the work day on November 3, the law firm employees were informed that they would no longer be paid. Many employees, including the one or ones responsible for delivering these checks, walked off the job. Accordingly the November 3 deadline passed without the checks being deposited in the registry of the court.

On November 4, counsel learned of the nondelivery of the checks. Counsel personally took the checks to the court registry in Miami on November 4 but the clerk refused to accept the checks because they were tendered a day late.
Judge Gersten says the "trial court may not consider the reasons why the deposit was not made," though he offers some "rachmones" to the displaced, totally-screwed tenant.

That's nice, says Judge Cope, but the tenant might have preferred a little justice with his schmaltz.

Brad, if you're listening, take this one up.


Godwhacker said...

Funny, my mood was exactly the same and for many of the same reasons.

Check out the new "Tom Tomorrow". That helped me move from sour to 'slightly bitter'.

Anonymous said...


Sour mood SFL? Step into the van, set up the camera equipment, put on bolero and windsurf.

Calling the shumie @ 3pm

Anonymous said...

Is that Glenn in the video?

Anonymous said...

Garvin's never sounded better!

Anonymous said...

Try "windsurfing" to the great big book of Nursery Rhymes, SFL. It'll turn your frown upside down.

Anonymous said...

Thank you. I am a man of many talents.

fake glenn garvin

South Florida Lawyers said...

GW, thanks, that did perk me up.

Good ideas all, nice to see such fine problem-solving from Miami's legal community.

Shoot The Lawyers said...

I never knew The Grateful Dead did a take on this song. I remember Bob Dylan had it as his lead song on his 1975 album, Blood On The Tracks. But the video is pretty close to Dylan anyway. The voices of Garcia as a senior citizen and Dylan in his prime are probably indistinguishable.

Anonymous said...

SFL-- is the great big book of Nursery Rhymes what you read to your latina princess before tucking her in? Or does she read to you?

Anonymous said...

Who are Glenns' groupies?

Anonymous said...

The truth comes to the surface why SFL leaves the office early on Fridays-- he has a "tutoring session". If it is reading and comprehension skills you are seeking for the latina-- Disney offers on DVD- Schoolhouse Rock! Book a ride to Conjunction Junction!!

Anonymous said...

1:18, too funny.

Anonymous said...

The only words SFL teaches his latina- E-I-E-I-O

Anonymous said...

Is "tutoring" like "windsurfing?"

Calling the shumie-- 4pm!

Anonymous said...

Tutoring, windsurfing, Dance of the Seven Veils-- it's all the same in SFLs' mind. Lucky bastard.

Anonymous said...

lucky waterbed