Thursday, November 29, 2012

Oh Boy -- Judge Carnes Is at It Again!


Much digital ink has been spilled on this old-and-in-the-way blawg about Judge Carne's propensity for opening paragraph storytelling, analogy or metaphor -- usually invoking a song, cultural or historical reference.

This time I have to believe he's speaking directly to me:
Bob Dylan’s recognition that “[b]ehind every beautiful thing there’s been some kind of pain” 1 might seem painfully ironic to Amber Wright. Her quest for what she deemed to be more beautiful hair allegedly led not just to pain but also to emotional “scars that the sun didn’t heal,”2 all of which led to this lawsuit. Wright filed this products liability action under Georgia law alleging that a hair bleaching product manufactured by Farouk Systems burned her scalp, causing her to suffer physical, mental, and emotional pain. She claims that the product—colorfully named “Blondest Blonde”—is defective because it contains isolated areas of high reactivity, called “hot spots,” that can lead to burning of the scalp. She also claims that Farouk failed to adequately warn users of the product of the risk that burns can result if the product touches the scalp. The district court granted Farouk’s motion for summary judgment on all of Wright’s claims, and this is her appeal.
Note to Magistrate Judge Goodman -- here's the clean and lean way the Judge cites the Dyl-Bard:
1 Bob Dylan, “Not Dark Yet,” on Time Out of Mind (Sony Records 1997).
2 Id.
See, that's all you need!

BTW, I figured he would have went with "Silvio," from Down in the Groove (Columbia 1988):
I can tell you fancy, I can tell you plain
You give something up for everything you gain
Since every pleasure's got an edge of pain
Pay for your ticket and don't complain



14 comments:

Anonymous said...

That'll be the district judge's last salvo on remand, SFL. Right before: the defendans' motion for summary judgment is granted. Again.

Godwhacker said...

Ask any drag queen, pain is beauty!

Anonymous said...

Any reference to Dylan is a reference to you?

South Florida Lawyers said...

Well, if he threw in a reference to Bo Derek also that would have sealed the deal.

Anonymous said...

Early one morning the sun was shining
I was laying in bed
Wond'ring if she'd changed it all
If her hair was still red
Her folks they said our lives together
Sure was gonna be rough

Anonymous said...

Miccosukee Indian disputes lawyers' account about source of legal payments in fatal car-crash case

BY JAY WEAVER | jweaver@MiamiHerald.com
Thu, 29 Nov 2012

A Miccosukee Tribe member testified he did not pay millions of dollars to his former defense attorneys in a fatal car-crash lawsuit, putting him at odds with the position they have taken in the long-running case.
Jimmie Bert also denied obtaining advances or loans from the tribe to pay his legal fees — contradicting the assertions of his former attorneys, who collected more than $3 million defending him and his daughter.

Bert, who admitted fault at trial along with his daughter, says he never saw the bills from Miami attorneys Guy Lewis and Michael Tein and paid only a small fraction of their legal fees years ago.

Bert’s testimony, delivered in a deposition on Friday, reversed his own earlier account and appears to undermine the lawyers’ position that they were paid the high fees by their clients — not the Miccosukee Tribe.

Lewis, a former U.S. attorney, and Tein, also an ex-federal prosecutor, are facing potential perjury sanctions for allegedly lying about who paid them. The lawyers maintain the tribe advanced money or made loans to Bert and his daughter, Tammy Gwen Billie, so the defendants could pay their legal bills.

But in a separate sworn statement filed this week, Bert recanted his January 2011 affidavit prepared by the Lewis Tein law firm in which he had said he was “responsible” for and was “paying” his legal fees. Bert said he did not understand the prior affidavit because the law firm did not have it translated or interpreted for him into his native Miccosukee language.

“Is that [2011] statement that you were paying Lewis and Tein true?” Bert’s lawyer, Jose Herrera, asked him in the new sworn statement. Bert replied: “No.”

Asked who was paying his legal bills to Lewis and Tein, Bert responded: “The tribe.”

And when asked if he had a loan agreement with the Miccosukees to pay the legal fees, he said: “As far as I know, there’s no agreement.”

The source of the legal payments to the lawyers carries significant weight. If the funds came from the tribe as opposed to the father and daughter, it means there indeed was more than enough money available to pay an outstanding civil judgment of nearly $3.2 million. The pair have refused to pay, insisting they cannot afford it.

Billie, who served time in prison as a result of the car-crash case, has failed to show up for a deposition and to turn over key documents to the attorney for the victim’s family. This month, Miami-Dade Circuit Judge Ronald Dresnick found Billie in contempt of court, triggering a warrant to bring her to his court.

The victim’s attorney, Ramon M. Rodriguez, is still trying to obtain important evidence from Lewis and Tein, including their retainer agreement with their Miccosukee clients.

In his deposition, Bert said he signed the retainer agreement with their law firm, but it was not translated or interpreted for him. Lewis and Tein said they cannot find the 2005 contract.

Bert also testified that he was unaware that Lewis and Tein collected about $950,000 in legal fees after a Miami-Dade jury returned a verdict against him and his daughter in July 2009 — money that could have gone toward paying the judgment.

Anonymous said...

Ronnie Wood rocks

Anonymous said...

This crappy blog never lets me down.

Good tunes, the best wit.

And the patriotic Israeli women

Anonymous said...

How about a little Red Barchetta next time, DFL?

Anonymous said...

opps...SFL.

Hell, its raining. Im going back to bed.

Anonymous said...

SFL - any plans for a special Art Basel post?

Anonymous said...

1/4/2010

Creative Competitive Advantage said...

I never thought that boy has an amazing voice.

Nehru jacket said...

This is one of the great blog post. I like your writing style. I appreciate your efforts. Keep posting some more interesting blog posts.