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Timing Is Everything
2022-11-28 14:58
By Michael Caruso I rarely write about pending cases, but this case caught my attention as a former line cook and current lawyer.Recently, Amanda Ramirez filed a $5 million class action… Read More
2022-11-28 01:24
That's the question presented in Ciminelli v. United States, which SCOTUS will hear tomorrow morning. The government's use fraud statutes is out of control; it has criminalized basic breach… Read More
2022-11-22 03:53
 Gonna take this week off.I hope all of you have the best Thanksgiving.I'm thankful for all of you and the great comments, tips, and readers.  And also thankful for the great posts… Read More
2022-11-10 19:10
By Michael CarusoIn the great Larry David movie “Clear History,” he plays a disgraced marketing executive who,  unsurprisingly, at various points in the story, creates drama… Read More
2022-11-07 22:05
 There were some interesting dissents today at SCOTUS from denials of cert.  Professor Berman summarized the opinions here:In Anthony v. Louisiana, Justice Sotomayor dissents from… Read More
Friday News & Notes
2022-11-04 12:41
By John R. ByrneFun night at the Alfred I. DuPont building for the Federal Bar Association judicial reception and installation. Chief Judge Altonaga swore in Tal Lifshitz as FBA President. N… Read More
Controversy
2022-11-03 15:54
Michael CarusoAs David's loyal readers know, this is a momentous year for the Supreme Court. The public's confidence in the Supreme Court is at a historic low, the Court's investigation of t… Read More
The Chewbacca Defense
2022-11-02 19:57
 I can't believe a prosecutor mentioned the Chewbacca Defense in closing and got away with it.  From United States v. Moise, the court quotes the prosecutors closing:And I don&rsqu&hell…Read More
2022-11-01 12:47
By John R. ByrneThe latest issue of The Federal Lawyer carries an article by Judge Bloom spotlighting the Judicial Intern Academy and the Civil Discourse and Difficult Decisions program (&ld&hell…Read More
Klugh Takes His Talents To The Civil Side
2022-10-26 14:09
 By John R. ByrneThe City of Miami has been sued for an "illegal" parking tax. It's a class action. One of the named plaintiffs? Criminal defense attorney Richard Klugh, who's now takin… Read More
MDLs In The SDFLA
2022-10-24 14:53
 By John R. Byrne More and more multidistrict litigations (MDLs) are coming to our district. They’re often complicated and a lot of work goes into them, so, when the Joint Pa… Read More
S.D. Fla. Ties To Trump Investigation
2022-10-21 14:23
 By John R. ByrneA lot of South Florida connections to the ongoing DOJ investigation into Trump’s handling of classified documents. Last Thursday, one of our district’s… Read More
2022-10-19 12:10
We've had this debate on the blog for many years, and there is no good solution.We all just wanted judges who are hard-working, nice, fair and will grant a continuance! Well, there are… Read More
2022-10-17 01:03
 Imagine if a criminal defendant or his lawyer refused to follow court orders or the law.  They'd be put in jail before you could say not guilty.But BOP does its own thing and real… Read More
2022-10-13 17:33
 The physical courthouses will close when public schools are closed, so that remains the same.  But Chief Judge Altonaga has tweaked the policy so that court employees are now expe… Read More
2022-10-07 15:18
By Michael CarusoYesterday, the Palm Beach-Federal Bar Association hosted a judicial reception that honored and presented the portrait of the late Magistrate Judge Dave Lee Brannon. As most… Read More
2022-10-07 12:51
By John R. Byrne"Feel Good" Friday story about Angel Sanchez, who went from prison to graduating in the top ten percent of UM law school. Judge Williams and Judge Miguel de la O helped along… Read More
2022-10-05 12:51
1. Trump goes to SCOTUS.2. A vibrant press is important.  This article came out on Monday asking why an 11th Circuit case had been pending for 7 years.  And shortly thereafter, the… Read More
2022-10-04 14:25
By John R. ByrneEver wonder what it'd be like if the staff at The Onion tried its hand at writing a brief? We basically got that yesterday. The online newspaper filed an Amicus brief yesterd… Read More
2022-09-28 13:32
 ...and it's the long conference in the Supreme Court. Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over… Read More
2022-09-27 15:52
11:45am update- All courthouse locations in the district will be closed tomorrow (Wednesday).  Miami and Fort Pierce will also be closed on Thursday.  Read More
Money In College Sports
2022-09-26 12:58
By John R. Byrne    Tough loss for the Canes on Saturday but it may not hurt recruiting that much if the Name, Image, and Likeness money keeps flowing. Last Thursday Judge Singhal… Read More
Hispanic Heritage Event At The Wilkie D.
2022-09-23 12:44
By John R. ByrneThe "Jefes" were out in force yesterday at the SDFL's Hispanic Heritage event. Judge Ruiz led a panel discussion with Chief Judge Altonaga, Chief Magistrate Judge Torres, Flo… Read More
2022-09-22 03:09
Here's the per curiam opinion, which reverses Judge Cannon and grants the requested stay.The panel was Rosembaum, Grant, Brasher.It starts this way: Following the execution of a search warr… Read More
2022-09-21 12:06
Our current U.S. Attorney, Tony Gonzalez, appeared before the special master in New York, along with a number of other DOJ lawyers.  When is the last time a U.S. Attorney appeared in a… Read More
2022-09-19 12:06
What a game!  It just shows that you're never out of it and to keep fighting.On that note, DOJ is in the 11th Circuit fighting to get a stay of Judge Cannon's order.  Its brief is… Read More
2022-09-15 19:32
President Biden just nominated him to be the U.S. Attorney in the Southern District of Florida.He's a really good guy and well liked by just about everyone. Folks will discuss the timing bec… Read More
2022-09-15 14:29
By Michael Caruso I wanted to offer a brief supplement to Kate And David's wonderful DBR piece posted below. We've all seen the "Practice Random Acts of Kindness" bumper sticker. Why do we… Read More
2022-09-12 11:18
 That's the title of a column that my middle daughter, Kate Markus, and I wrote in the Daily Business Review.  Here's the intro:As a high school student, I deal with seemingly arbi… Read More
2022-09-08 00:24
 After being pardoned, the State of New York went after Bannon with its own investigation.  He is due to surrender tomorrow.  From the NY Times:Stephen K. Bannon, the onetime… Read More
2022-09-04 14:14
 A true mensch and a great judge.  The New York Times has a wonderful piece about Judge Michael Hanzman's handling of the Surfside case:Each day, before the unusual hearings unfol… Read More
2022-09-02 14:40
 To the dismay of many, it was reported that Judge Cannon had the wifi turned off in the courthouse and prohibited reporters from tweeting or otherwise reporting on the hearing from cou… Read More
2022-09-01 13:37
You can read it here.Thank goodness the lawyers start with explaining to the reader in the first line that references to "President Trump" mean "President Donald J. Trump."Sorry, it's a pet… Read More
DOJ Strikes Back
2022-08-31 12:10
 Here's the 36 page filing.It includes pictures of the classified documents:Politico covers the filing here:“The government also developed evidence that government records were li… Read More
2022-08-28 19:26
If you recall, Judge Cannon showed some skepticism over Trump's lawsuit requesting a special master and ordered Trump's legal team to beef up its request.They did so Friday evening in this p… Read More
2022-08-25 19:55
 1. Magistrate Judge Reinhart orders the search warrant affidavit unsealed by noon tomorrow but with the redactions proposed by the government.  Here's the order.2.  Judge Can… Read More
New Firms In Town Gobbling Up Associates
2022-08-25 12:24
By John R. ByrneA bunch of big national firms have recently placed their stakes in the Miami legal market. And now they're gobbling up legal talent. The DBR covers it here.Kirkland & Ell… Read More
2022-08-21 15:39
 That's the title of this CBS deep dive into Magistrate Judge Reinhart's background since he is presiding over the Trump search warrant litigation.  It's a very positive article fo… Read More
2022-08-09 17:59
The Miami Herald and numerous other outlets are saying it was Magistrate Judge Reinhart.  They point to docket entries showing sealed warrants signed on 8/5 by Reinhart.  Perhaps… Read More
2022-08-08 15:45
BY MICHAEL CARUSOI assume everyone has read an opinion or order and wondered, "where did that come from?" For example, Judge Ed Carnes has quoted Bob Dyan on occasion, see, e.g., Wright v. F… Read More
2022-08-05 14:27
 …finally.Here they are:Judge Carlton W. Reeves: Nominee for Commissioner and Chair of the United States Sentencing CommissionJudge Carlton W. Reeves has served as a United State… Read More
2022-08-03 11:53
It's the last stretch of summer.  And elections are coming up.It's brings up the age old questions about whether judges should be elected or appointed. There's really no good… Read More
2022-07-27 08:30
Back in the day during the hot summer months in Miami state court, suits were optional.  And most judges shut down entirely in August.  We haven't gone back that far yet, but Judge… Read More
2022-07-22 12:58
by Michael Caruso I recently had the pleasure of speaking with U.S. Attorney Tony Gonzalez to several law students participating in Judge Bloom’s Judicial Internship Academy this… Read More
The Miami Legal Maeket Is En Fuego
2022-07-21 13:02
 All the big firms are opening shops in the 305.  Chiacgo's Sidley Austin is the latest with a 40 lawyer office.  From Reuters:  After months of recruiting lawyers from… Read More
RIP Jerry Shargel
2022-07-18 02:48
 Legendary criminal defense lawyer Gerald Shargel (left, with Bruce Cutler and John Gotti) passed away over the weekend.  From the New York Times:Mr. Shargel argued that he was no… Read More
2022-07-13 03:13
That’s the title of this interesting post by Adam Feldman over at Empirical SCOTUS.  It starts:What this means? The Court’s most common split vote this term was six jus… Read More
2022-07-01 13:10
 I started this blog back on July 2, 2005 (happy 17th birthday to the blog!) with a post about putting a Floridian on the Supreme Court.  That's now a reality!  Yay for K… Read More
Free Brittney
2022-06-29 19:03
By Michael CarusoIn 1972—50 years ago—President Nixon made his historic visit to China in February, The Grateful Dead conquered Europe in April and May, Hunter S. Thompson publis… Read More
2022-06-27 14:39
1. The 11th Circuit was an outlier on the First Step Act, holding that courts could not consider intervening changes of law or fact in exercising their discretion to reduce a sentence. … Read More
Supreme Court Overturns Roe V. Wade
2022-06-24 14:49
By John R. ByrneThis is a big one. Vote was 6-3. Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett joined Justice Alito's opinion. Justice Roberts did not j… Read More
2022-06-20 21:28
On Tuesday morning, the 11th Circuit will hear three cases en banc.  Two criminal cases and one false claims case.Notably, the panel ruled for the government in each of the three cases… Read More
2022-06-15 11:00
 That's the start of this must-read article by CATO's Clark Neily.  It starts like this:“More weight!” Those are the famous—though perhaps apocryphal—last… Read More
2022-06-10 02:12
That would be nice!  From Reuters:Federal judiciary policymakers have approved a plan to eliminate costly fees for online docket searches amid debate in Congress about whether to force… Read More

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