Wednesday, October 17, 2012

3d DCA Watch -- The One Where Judge Graham's Mistake Saves Fowler White!


BREAKING -- Alan Kluger has a huge line of credit and never has to use it:
Alan J. Kluger's 32-lawyer South Florida law firm falls into that category. Kluger, a founding partner of Kluger, Kaplan, Silverman, Katzen & Levine, said the firm has a sizable line of credit from its bank, Sabadell United Bank in Miami, that goes unused. "They gave us a really big line. We have not ever taken a penny on it," Kruger said, citing solid cash flow from operations.
Exactly!

Who needs a big line when you can just unload a spare Dutch Master?


Ok, let's do some butt bunker bingo!

(I have no idea what that means.)

So one of the Fowler Whites represented somebody in a maritime case, Judge Graham entered some orders, they were affirmed on appeal, then the Judge apparently changed his mind and the client somehow got damaged.

In a hold-your-noser, Chief Judge Wells says blame the judge, not your law firm:
In the instant matter, Hanson lost in federal court on remand not because of any tactical decisions on his lawyer’s part, but because the District Court inexplicably refused to rely upon a prior ruling on an issue that had been raised by the parties, tried by consent at a bench trial, and left untouched by the appellate court. Thus, in this case, no tactical decision and therefore no judgmental immunity are involved. That being said, we nonetheless find that the lawyer and his firm are entitled to a judgment in their favor as a matter of law.
But Judge Schwartz in dissent says an inexplicable legal ruling is not an intervening cause for a malpractice case:
In this case, in which, depending on how one likes to put it, the ultimate catastrophe has occurred or the worst case scenario has played itself out in the loss of an otherwise meritorious and valuable position, presents an a fortiori situation. For these reasons, I believe that the wrong party won this case.
(I admit I don't understand that sentence but I think it means the negligence claim should proceed.)

6 comments:

Anonymous said...

He just got Klugered.

Anonymous said...

Pretty weak and belabored reasoning by the majority; all those stupid headers are not funny; and the tone and observations are fairly disrespectful to Judge Graham, too. When Wells is up for a retention vote, I'm voting no.

Anonymous said...

Re Kluger -

Who cares how big your line of credit is?

How is that relevant to the point that you don't need to use it?

Anonymous said...

Klugerfied.

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