Monday, October 1, 2012

Dear Eleventh Circuit: Excuse Me?


Hey, somebody better take the 11th up to a higher authority, I don't like the tone in this reversal and remand too much:
Given the district court’s misunderstanding of the burdens in this case, and given that Chaban himself seems to have admitted at trial that Goldstein was entitled to some amount of credit for surrendering his interest in the Chalsi, we believe the best course is to remand for the district court to have an opportunity to reconsider its factual conclusions on this issue under the proper legal standards and then recalculate damages.
In other news, yes the "higher authority" is in session today and a new documentary out by the Alliance for Justice says they are literally open for business:
 “Today, as the Supreme Court begins a new term, the court will be ‘open for business,” said AFJ President Nan Aron.  “The term is already packed with cases with the potential to restrict corporate accountability and limit everyday Americans’ civil rights and access to justice  The Court’s decisions this term could have harmful consequences for the ability of consumers, victims of discrimination, and others to get a fair day in court. 
“But no one should be surprised,” Aron said.  “What we are likely to see in the term that begins today was decades in the making.”
In other words -- blame Nixon.


(More here on the "1% Court.")

41 comments:

Anonymous said...

Dude - that is no way to treat Altonaga - maybe the authors are trying to prevent her appointment to the 11th Circuit - they probably view her as too liberal.

Shoot The Lawyers said...

Blame Nixon? For what? Appointing three of the majority in Roe v Wade? (Burger, Blackmon, and Powell). If Nixon takes any blame, it must be shared with his one time nemesis who appointed Byron White, Rehnquist's fellow dissenter in Roe and a staunch opponent of substanitve due process (i.e., Bowers v. Hardwick). While I enjoy a throwback comment to the Nixon era and the intellectual left's habit of pinning the source of all evil on Alger Hiss' exposer, I think Aron's comment is more focused on The Federalist Society, which is to liberalism what the Council on Foreign Relations once was to the John Birch Society. I am now waxing nostalgic. Time to dust off an old photo of John Mitchell in my storage closet and hang it next to the one of Angie Dickinson circa 1965, a gal who never went out of style in my book.

South Florida Lawyers said...

I just listened to Alec Baldwin's interview of George Will on his excellent podcast, Here's The Thing, and Will tells of a funny exchange he had with William F. Buckley (Will worked as the DC editor of National Review during Watergate).

Buckley asked Will if he thought Nixon was guilty, and Will quickly responded yes, and this proves that the system works. Buckley replied with his million dollar smile, yes I agree he's guilty but that's why the system does not work.

In any event, STL, come on over and do a guest post!

Anonymous said...

This is a very cool blog. So much better than those trashy ones that just deal in rumors and trash people and is run by a big asshole.

Anonymous said...

Never seen that written about Altonaga before. Is there some backstory missing?

CAPTAIN said...


THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A CIRCUIT COURT JUDGE .....

A total of 27 applied to replace Joseph Farina.

The JNC reviewed the applications and has now interviewed 10 of those applicants.

The following 6 names are being sent to Governor Scott. He will name a new Circuit Court Judge within the next 60 days:

Jason Bloch
Jason Dimitris
Alan S. Fine
Judge Eric Hendon
Judge Fleur Lobree
Steven Reininger

The four that did not make the cut:

Robert Coppel
Michelle Delancy (See County Court)
Judge Andrew Hague
Sandra Miller-Baptiste


WOW. Look at the love for Judge Lobree. She was trounced in the election back in August by the worst margin of any candidate. Now she is named to both the County Court and the Circuit Court final lists. Can Governor Scott not rename her to the bench in light of all the love? Get your cards and letters in the mail now.

DOUBLE WOW. Judge Hague did not make the cut. He has made the cut several times in the past. Also, Robert Coppel did not make the cut. Our readers have spoken out vociferously after the election about Coppel's loss. What will they say now about the JNC?

Let Governor Scott know how you feel by snail mail or email:

Office of Governor Rick Scott
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The Capitol
400 S. Monroe St.
Tallahassee, FL 32399-0001

http://www.flgov.com/contact-gov-scott/email-the-governor/

CAPTAIN OUT .....

CAPTAIN said...

THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A COUNTY COURT JUDGE .....

A total of 35 applied to replace Judge Cristina Miranda and Judge Rodney Smith.

The JNC reviewed the applications and has now interviewed 19 of those applicants.

The following 9 names are being sent to Governor Scott. He will name two new County Court Judges within the next 60 days:

Madeline Acosta
Betty Capote
Michelle Delancy
Jason Dimitris (See Circuit Court)
Carlos Guzman
Fleur Lobree (See Circuit Court)
Shirlyon McWhorter
Melba Pearson
Julie Terry

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David Alschuler
Jason Bloch (see Circuit Court)
Pamela Gordon
Scott Janowitz
Steven Lieberman
Louis Martinez
Jonathan Meltz
Gordon Murray
Breeyze Telfair
Veronica Xiques

Interesting to see Steven Lieberman's name NOT go up in light of the fact that he has been nominated by our local JNC for nearly every open County Court seat over the course of the past 18months?

Let Governor Scott know how you feel by snail mail or email:

Office of Governor Rick Scott
State of Florida
The Capitol
400 S. Monroe St.
Tallahassee, FL 32399-0001

http://www.flgov.com/contact-gov-scott/email-the-governor/

CAPTAIN OUT .....

Shoot The Lawyers said...

Guest post? Intriguing but my interests have become increasingly of matters non legal such as sports history and media. I read this blog because I am jealous of SFL for putting together something so informative and entertaining.

Anonymous said...

I think that some of those judges on the 11th must have very small "members" - they seem to be consistently intimidated by strong female judges and lawyers.

It is hard to match the nastiness with which they reverse female judges like Cooke and Altonaga.

South Florida Lawyers said...

STL, thanks but give me a good Namath post and we're even.

Kyle said...

STL, thanks but give me a good Namath post and we're even.

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