Wednesday, July 27, 2016

3d DCA Watch -- I Spent All This Time On This Dumb Post Just To Feature This Picture!


It's a beautiful humpy hump day in the bunkerhood:

This is a classic hold-your-noser:
Based on Aubin II, we are constrained to conclude that the jury instruction requested by Appellant, Paula Font (“Font”), accurately stated the applicable law, the evidence supported the giving of the instruction, the instruction was necessary to resolve the issues properly, and Font was entitled to submit her strict liability claims to the jury on both the “risk utility” test of the Restatement (Third) of Torts (“Third Restatement”) and the “consumer expectations” test of the Restatement (Second) of Torts (“Second Restatement”). Thus, we reverse the final judgment in favor of Appellee, Union Carbide Corporation (“Union Carbide”), and remand for a new trial.
Hey, isn't the lawyer on this appeal somebody I've heard of before?
Scanziani Law Group and Denise Martinez-Scanziani and Paul John Scanziani, for appellant.
Rump and the Captain and her go way back.

(The Miami Herald's endorsement of Ms. Martinez-Scanziani in the current four-way open Circuit Court race is here.)

Probably not a good day in Court when the Judge tells you this:
You know what?  I think you’re lying to the Court.  I’m striking your pleadings.  I’m entering a default and I’m entering judgment.  You ought to consider yourself lucky that you’re leaving here today and not going to jail.  Give me the judgment.  You’re excused.  Shame on you all.  Shame on you. Leave.
(drops mic)


3 comments:

Anonymous said...

You're missing the point, which is that either Jon Gordon or John Thornton, probably Gordon, blew it badly by a Trumpian outburst and failure to adhere to due process. Sorry for spoiling the fun.

Anonymous said...

you clearly don't get it 1206 and never will

Anonymous said...

The red light camera ruling is wrong.