Skip to main content

3d DCA Watch -- Sometimes a Carat is Only an Edible Tuber Edition!

The sun is a-shining and the bunker is a-bunkering, so let's get right to it:

School Bd. v. Martinez-Oller:

Judge Shepherd reverses a directed verdict on duty, finds no duty and reverses a jury award involving an student-related incident at Killian High:
The trial court reached its conclusion that the School Board had a duty to release Ericka’s past behavioral records to Ms. Moon-Brumley by itself determining that Ms. Moon-Brumley “had a legitimate educational interest in [Ericka’s] past behavior records.” This is legal tail chasing.
The Judge even helpfully included a graphic:

Hey, legal tail-chasing is better than legal ball-lick....well, this is a family blog let's just use another graphic:

Does Judge Rothenberg go full Goodman or full Carnes?

You decide:
Historical Hollywood starlet Mae West once said, “I never worry about diets. The only carrots that interest me are the number of carats in a diamond.” Thus, it appears quite likely that Ms. West would have been interested in the diamond in this case: a twenty carat diamond that Starboard offered to DePrince for a very low sum.
Not bad!

I love "historical Hollywood starlet" Mae West (are we all that old?) -- here's my take on this paragraph using a different quote from Ms. West:
Historical Hollywood starlet Mae West once said,“Good sex is like good bridge. If you don't have a good partner, you'd better have a good hand.” Thus, it appears quite likely that Ms. West better have a good hand, as she surely had a bad partner in Starboard Cruises.
Either way we approve!


  1. Fucking brilliant.

  2. Ditto, 5 stars SFL!!

  3. Excellent post. Dog licking balls, Judge Rothenberg getting cute while reversing now US District Judge Gayles. What's not to love?

  4. I miss the days of really short 3d DCA opinions.

  5. David Miller opinions go to the 3d DCA with the presumption of incorrectness.


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.