Skip to main content

3d DCA Watch -- It's Equitable Estoppel Time, Khaleesi!

The bunker denizens have spoken thusly, and their words shall emanate widely unto the Kingdom of Winterfell South Florida:

Rubio v. Archdiocese:

Judge Logue holds that equitable estoppel does not overcome the statute of limitations in an alleged priest sexual abuse case:
We conclude that equitable estoppel does not apply in this case because Rubio has not alleged any facts indicating the Archdiocese caused or induced him to refrain from filing suit within the limitations period.
The Judge adds a "hold-your-nose" postcript:
In upholding the dismissal of the complaint in this case because of the delay of several decades in filing the claim, we are mindful that society benefits when survivors of child sexual abuse come forward and bear witness to what they were forced to endure as children. We certainly do not intend to discredit the courage of these survivors who break the silence that shielded their abusers. We hold only that Rubio’s lawsuit for money damages cannot be filed so long after the alleged injury was inflicted.
Camperos v. Estrella:

Oh God.

How many times does the 3d need to tell trial judges to do a full Kinney analysis on a forum non conveniens motion?

Don't these judges read our stupid blog?

(Note -- original and awesome Khaleesi fanart found here)


  1. We аre vеry mindfulсhristіan louboutinshοes аre reallу loved
    by women, аnd mаny tuгn out fascinated from the signatuге геԁ outsoles.

    But aftеr ѕo many yeaгs out of the ωork
    force, ѕhe naively answеred thе want ad
    in the paper, and was іnѕtantly hired.
    In оrder to complete any vintаge loоk, onе must fіnd the right ѕhoes.

    Also vіsit my homepаge:

  2. I am very impress on your information ,Its a really very impressive blog. I really got some another very nice information , so thanks for sharing these tips.
    Tax Attorney


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.