Wednesday, April 9, 2014

3d DCA Watch -- Deja Vu All Over Again!



Just to make my life easier, I've saved some code (ctrl/alt/bunker) so when needed I can spit out the same paragraph about the same repetitive topic -- how endlessly confusing offer of judgment law is, and how often trial judges and lawyers get it wrong.

Here it is:

OFFER OF JUDGMENT LAW #FAIL

Royal Caribbean v. Cox:

Oh goodie, look:

OFFER OF JUDGMENT LAW #FAIL

(Maritime edition).

BTW, this one required a rehearing en banc, and a substitution of a prior appellate opinion.

But at least this issue is resolved forever (or until next week, whichever comes first).


7 comments:

  1. Interesting decision. And thoughtful.

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  2. big win for Hicks and Stein!

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  3. Anyone else noticing a lot of "bounceback emails" regarding efiling and esservice?

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  4. *roll cameras*

    [A small one room cabin is seen from a distance in the mist. A solitary figure is seen walking from the cabin towards the camera].

    I was born in a small one room cabin much like our most famous trial lawyer/President-Abraham Lincoln.

    [Images of a small grocery store scrolls across the scene]

    Like most Americans, I worked after school to help out Mom and Pop.

    [Now an image of Palm trees is on the screen]

    And then I was lucky enough to attend the university of Miami law school.

    It was just a few days after law school when I was sitting in a coffee shop and the waitress mentioned that her husband was run over by a drunk coral gables maintenance man riding a law mower in a reckless manner. He husband, a tap dance instructor lost his big toe. "Millie" confided in me: "we need a good lawyer. But who can we trust?"

    I swear I heard angles singing overhead.
    This was my moment.
    "I can help you Millie. My name's Spencer. And I'm a lawyer"

    Well I worked on that case for two years, scrounging used legal pads from the garbage at Shutts and Bowen and writing on the back and the proceeds of that lawsuit that I settled paid for my second "back-up" suit and tie.

    [spencer is now seen buying a hot dog outside of the courthouse and affectionately patting the head of the hot dog lady's dog. Then Spencer turns to face the camera.
    "It's twenty years later and I am not ashamed to say that I still have that suit. I wear it on Thursdays. On Fridays we have casual Friday at the office and I wear my chino dockers and madrass shirt and penny loafers. I'm a regular guy. I represent regular people like you. If you need a lawyer call me. I see client's at work, at lunch, at sunday brunch."

    The camera pulls back as Spencer finishes the hot dog, high fives a bailiff walking down the stairs, and then he bends down, picks up his briefcase and literally trots up the stairs and into the courthouse.]


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  5. Nice ! Sfl has a fourth wheel ....

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  6. You need to direct his commercials, because he does have a personal commercial director.

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