Monday, June 9, 2014

Let's Have a DQ Party!

If the glove fits, you must be ok with it throw a fit serve a writ dq that twit:
Beginning in 2010, the law firm of Jordan Burt represented the Tribe and Tribal members with the IRS’ investigation of Non-Taxable Distribution Revenues (“NTDR”). Specifically, James Jordan, Esquire and Sonia O’Donnell, Esquire gave tax advice to the Tribe and to Tribal members regarding the taxability of NTDRs. This advice was given after the Tribe conveyed to Jordan and O’Donnell substantial confidential information regarding the Tribe’s position on NTDRs and the history of the NTDR’s release to the IRS. The release of the NTDR list is a critical element of the instant lawsuit and, by representing the Tribe previously on this matter, Jordan and O’Donnell and the Jordan Burt law firm obtained a tremendous amount of information regarding NTDRs, all disclosed in confidence. Separately, O’Donnell previously worked for Lehtinen’s law firm, representing the Tribe. During her time there, she would have had the equivalent or more access to the same type of information that Mr. Cortiñas had access to, as she began working with Lehtinen shortly after Mr. Cortiñas and continued to work with Lehtinen for several years long than Mr. Cortiñas. Whatever information this Court believes Mr. Cortiñas had that disqualifies him from defending the Tribe (his client then) surely disqualifies O’Donnell and her firm from prosecuting a Rule 11 sanction against the Tribe.
Now the shoe is on the other hand, turnabout is fair.....oh, whatever.

Play nice, commentators!

17 comments:

  1. Carlton Fields/Jorden B. now against the Indians = conflict. Prior DQ lawyer on same side of Indians 20 years ago = no conflict. What Rule cited?????

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  2. When DQ used by attorneys and not client, begs question:

    Who's afraid of the big bad wolf, big bad wolf, big bad wolf?

    Calli's afraid of the big bad wolf, big bad wolf, big bad wolf.

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  3. I can't believe they spelled Jorden Burt "Jordan Burt" throughout. That's pretty weak.

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  4. That was pretty much summarily denied, no? What is weak, is raising it one year after the merger.

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  5. This has merit, said no one ever.

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  6. SFL, how about live blogging the hearing tomorrow?

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  7. You get permission from Judge Cooke and I will

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  8. -Nathan Hale

    Law360, Miami (June 06, 2014, 7:05 PM ET) -- A Florida federal judge on Friday rejected the Miccosukee Tribe of Indians of Florida's attempt to disqualify opposing counsel during a hearing over sanctions sought by the tribe's former attorneys, calling the motion “absolutely ludicrous.”
    U.S. District Judge Marcia G. Cooke didn't bother hearing arguments from the other side and called for an end to the "tit for tat" as she made her ruling, which came a day after she disqualified the tribe's recently appointed counsel, Angel A. Cortinas of Gunster Yoakley & Stewart PA.

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  9. Sat in court when tribe lawyer facing sanctions grovelled to Judge Cooke for a contiuance. Had never seen the guy before. Why did the tribe hire tattoo from fantasy island?

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  10. I will simulcast the event.

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  11. DQ Braizer time.

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  12. Former Judge Cortiñas Can't Represent Miccosukees
    Adolfo Pesquera
    06/09/2014
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    The U.S. Court of Appeals for the Eleventh Circuit on Monday turned down a request by the Miccosukee Indian tribe to reinstate former state appellate Judge Angel Cortiñas as its attorney.
    Cortiñas was disqualified Thursday by U.S. District Judge Marcia Cooke at a sanctions hearing in Miami. Cooke determined Cortiñas, now a Gunster partner, heard related cases while a judge on the Third District Court of Appeal.
    The sanctions request arose from the tribe's dismissed racketeering lawsuit against its former longtime lawyers Dexter Lehtinen, Guy Lewis, Michael Tein and others. The former tribal attorneys alleged the tribe's current attorney, Bernardo Roman III, filed the lawsuit knowing it contained false allegations.
    Cortiñas was retained days before Cooke's hearing as part of the tribe's new defense team.
    A three-judge Eleventh Circuit panel denied a writ of mandamus brought by the tribe and its attorneys.
    "After thorough review, we find that the tribe and its attorneys have failed to demonstrate that the circumstances about which they complain amount to an 'extraordinary situation' demonstrating a 'clear and indisputable' right to the issuance of the writ," the federal appellate court said in a two-page order.

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  13. Judge cortinas . Former ausa. He knows fraud.

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  14. I could use a DQ Blizzard right about now or even a banana split.

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  15. DQ Brownie Delight. Or Peanut Buster Parfait. Yumm

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  16. Last meal, dessert.

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