Skip to main content

3d DCA Watch -- The One Where Judge Graham's Mistake Saves Fowler White!


BREAKING -- Alan Kluger has a huge line of credit and never has to use it:
Alan J. Kluger's 32-lawyer South Florida law firm falls into that category. Kluger, a founding partner of Kluger, Kaplan, Silverman, Katzen & Levine, said the firm has a sizable line of credit from its bank, Sabadell United Bank in Miami, that goes unused. "They gave us a really big line. We have not ever taken a penny on it," Kruger said, citing solid cash flow from operations.
Exactly!

Who needs a big line when you can just unload a spare Dutch Master?


Ok, let's do some butt bunker bingo!

(I have no idea what that means.)

So one of the Fowler Whites represented somebody in a maritime case, Judge Graham entered some orders, they were affirmed on appeal, then the Judge apparently changed his mind and the client somehow got damaged.

In a hold-your-noser, Chief Judge Wells says blame the judge, not your law firm:
In the instant matter, Hanson lost in federal court on remand not because of any tactical decisions on his lawyer’s part, but because the District Court inexplicably refused to rely upon a prior ruling on an issue that had been raised by the parties, tried by consent at a bench trial, and left untouched by the appellate court. Thus, in this case, no tactical decision and therefore no judgmental immunity are involved. That being said, we nonetheless find that the lawyer and his firm are entitled to a judgment in their favor as a matter of law.
But Judge Schwartz in dissent says an inexplicable legal ruling is not an intervening cause for a malpractice case:
In this case, in which, depending on how one likes to put it, the ultimate catastrophe has occurred or the worst case scenario has played itself out in the loss of an otherwise meritorious and valuable position, presents an a fortiori situation. For these reasons, I believe that the wrong party won this case.
(I admit I don't understand that sentence but I think it means the negligence claim should proceed.)

Comments

  1. He just got Klugered.

    ReplyDelete
  2. Pretty weak and belabored reasoning by the majority; all those stupid headers are not funny; and the tone and observations are fairly disrespectful to Judge Graham, too. When Wells is up for a retention vote, I'm voting no.

    ReplyDelete
  3. Re Kluger -

    Who cares how big your line of credit is?

    How is that relevant to the point that you don't need to use it?

    ReplyDelete
  4. balkar saini lawyer services key objective is all about our Client satisfaction. Commitment to excellence, open communication, providing informed and well researched advice and working as a team with the clients are some of our core values which help balkar saini lawyer services to provide proper legal advice and services.

    ReplyDelete
  5. Brokersring.com - Learn how to turn $500 into $5,000 in a month!

    [url=http://www.brokersring.com/]Make Money Online[/url] - The Secret Reveled with Binary Option

    Binary Options is the way to [url=http://www.brokersring.com/]make money[/url] securely online

    ReplyDelete

Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.