Wednesday, June 20, 2012

3d DCA Watch -- Just Another Tricky Day.



Hi there, it's cold and damp and the wind is really picking up (and that's just inside the bunker!).

Let's get right to it:

Union Carbide v. Aubin:

Judge Farina $6.6 million jury verdict in asbestos case handled by Jim Ferraro overturned:
Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide’s motion for a directed verdict as to Aubin’s design defect claim. In addition, because the jury instructions given by the trial court were inconsistent with the law in the Third District and in effect directed the verdict in favor of Aubin, we reverse and remand for a new trial as to the warning defect claim consistent with this opinion.
Interesting -- even though the plaintiff's requested special instruction was "technically accurate," the Court found it "misleading" without supplemental explanation.

Bert v. Bermudez:

Yet another opinion in the Lewis Tein/Miccosukee Tribe dispute ongoing in Judge Dresnick's courtroom, this time finding no basis to disqualify the judge.

Interesting that Judge Shepherd concurred in result only.

I've said this before -- these guys need to bring in outside counsel to handle this kind of stuff on their behalf.

(BTW, I'm available!)

19 comments:

  1. The Bert v. Bermudez opinion is an excellent, cringeworthy read. Each page contains a nice, quotable benchslap. I hope it goes viral and gives these people the publicity they so deserve.

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  2. oh my freaking god!!!

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  3. its rothenberg. no one takes her seriously and knows she is a hack

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  4. didnt they bring in the stripper/ biter who had his daddy go steal/bribe back his Govt issued amex receipt from lipstick?

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  5. "A Double Adorno?"

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  6. Sorry 6:22. Argued in front of Rothenberg many times. You may not like her politics, but she's far from a "hack". She is a workaholic, and prolific writer who turns out thorough opinions. Dresnick let Tein off the hook before, but Tein had to get in his face. He and his partner need to lawyer up, keep their mouths shut and follow their lawyer;s advice.

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  7. Sfl, know you like these guys, but that conduct us indefensible. Time for them to call in Bobby J., for damage control...I hope he charges the shit out of them, or conditions his representation on full payment to the victims family.

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  8. It's astounding that they didn't hire a lawyer for the writ of prohibition. I'm guessing there is trouble at the firm and they might not have had the money for the writ. Certainly the Tribe wasn't going to pay for it and they probably have already taken most of their business elsewhere. That's the problem when you form a firm and get into bed with one big client. They own you and when they leave, you're finished.

    From start to finish they blew this case. Bears make money, bulls make money, pigs get slaughtered and they pigged this case.

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  9. rumpole - youre a dipshit. and a ticket lawyer , jealous of others success. that firm has so many insitutional clients its nto funny

    stick to what you know - half days in county court.

    buffoon

    stop crawling out from your rock to snipe at other people busioness

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  10. Wow...the Bert v. Bermudez decision is absolutely worth reading.

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  11. @9:06 you cant plug your sinking ship. every single one of their associates has a resume on the street. so much for that "institutional client" bullshot you pushing

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  12. What a disgrace to all of us. Candor to the tribunal used to be one of the tenets of our profession.

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  13. Easy kids, I have faith these guys will pull it out.

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  14. Couldn't have happened to better people.

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  15. Hey, I liked the old/new banner!

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  16. SFL, what does Tein have on you?

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  17. It's time the IRS steps in to investigate them. Everyone knows they were kicking back their outrageous fees - approximately 3 million for a 3 day trial for 2 indigent clients - to the former tribal chairman

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