In its weekly newsletter, "WIND News to Use: Insurance News and Notes," The Windstorm Isurance Network quoted THIS blog post on Florida Insurance Guaranty Association v. Olympus Association, Inc., - So. 3d -, 4D09-11, 2010 WL 1979242, 2010 Fla. App. LEXIS 6941 (Fla. 4th DCA May 19, 2010). The WIND newsletter is below:
WIND News to Use - Insurance News and Notes 05.21.2010
Showing posts with label News. Show all posts
Showing posts with label News. Show all posts
Sunday, May 23, 2010
Thursday, March 18, 2010
"Fla. House passes limits on lawsuits, lawyer fees"
Business Week has an article today titled "Fla. House passes limits on lawsuits, lawyer fees." The article can be viewed HERE. You can also read articles in the Tampa Tribune and Miami Herald.
Labels:
News
Wednesday, March 17, 2010
Supreme Court of Georgia Upholds Tort Reform - ER Standards & Fee Shifting Rule
In Gliemmo et al. v. Cousineau et al., the Supreme Court of Georgia upheld medical malpractice tort reform. Articles can be found at Law.com; Atlanta Journal Constitution; Business Week and Bizjournals.com. The court's official summary of the opinion is copied below:
In a split 4-to-3 vote, the Supreme Court of Georgia has upheld the state's emergency room statute as constitutional. Passed as part of the General Assembly‟s 2005 “tort reform” legislation, the ER Statute states that certain emergency health care providers cannot be held liable unless there is “clear and convincing evidence” they were grossly negligent.
In today's opinion, written by Presiding Justice George Carley, the majority finds that the statute is a “general law,” as opposed to a “special law,” and therefore passes constitutional muster. The Georgia Constitution prohibits special laws that are not applied uniformly throughout the state and when general laws on the same issue already exist.
The constitutional challenge of the statute stems from a lawsuit filed in Muscogee County by Carol and Robert Gliemmo. According to briefs filed in the case, the night of April 22, 2007, Carol Gliemmo felt a sudden “snapping in her head.” Her husband called an ambulance, which took her to St. Francis Hospital in Columbus where Dr. Mark Cousineau treated her in the emergency room. Cousineau diagnosed Gliemmo with “hypertensive urgency,” or greatly increased blood pressure. The Gliemmos later claimed the physician blamed her headache on “stress” and high blood pressure, prescribed Valium and sent her home. The hospital and physician claimed they gave her a beta-blocker to treat the high blood pressure and performed an EKG and blood tests. After her blood pressure went down and she told nurses she felt “much better,” they released her. Two days later, her family practitioner ordered a CT scan, which revealed a brain hemorrhage that left her paralyzed.
Gliemmo and her husband sued Cousineau, St. Francis and the physician's employer, alleging professional negligence for failing to order a CT scan that would have detected her brain aneurysm. The defendants filed a motion to dismiss the case on the ground that the Gliemmos failed to establish that the emergency medical providers had been “grossly negligent,” and therefore they were not liable under Official Code of Georgia § 51-1-29.5 (c) – the state's ER Statute. In response, the Gliemmos challenged the ER Statute as unconstitutional, arguing the statute is a special law because it gives special liability exemption to emergency medical care providers, despite general laws governing negligence claims that apply to all other health care professionals. The trial court judge rejected their challenge but asked for the state Supreme Court‟s guidance before proceeding to trial.
“This Court has found a statute to be a special law where it 'deals with a limited activity in a specific industry during a limited time frame'," today's opinion states. Georgia‟s ER Statute “is not a special law affecting only a limited activity in a specific industry during a limited time frame. Rather…it is a general law because it operates uniformly upon all health care liability claims arising from emergency medical care as provided in the statute.”
The majority points out the General Assembly passed the legislation in response to the growing difficulty in finding and affording medical malpractice insurance. “Promoting affordable liability insurance for health care providers and hospitals, and thereby promoting the availability of quality health care services, are certainly legitimate legislative purposes,” the majority opinion states. “Furthermore, it is entirely logical to assume that emergency medical care provided in hospital emergency rooms is different from medical care provided in other settings, and that establishing a standard of care and a burden of proof that reduces the potential liability of the providers of such care will help achieve those legitimate legislative goals.” Joining the majority are Justices P. Harris Hines, Harold Melton and David Nahmias.
Justice Robert Benham writes in a dissent that “the 2005 law is a special law that is unconstitutional on two grounds: the General Assembly previously enacted a general law concerning the standard of care to which medical personnel must adhere to avoid liability; and the classification of those affected by the new legislation is unreasonable.” Since 1863, Georgia law has required physicians to practice their profession with “a reasonable degree of care and skill,” and any injury resulting from a failure to do so can bring a lawsuit. Here, “the 2005 legislation affects a limited class of health-care providers, with that limited class defined by what health care they provide and where they provide it,” the dissent says. “Those within the limited class are protected from liability by a lower standard of care and a higher burden of proof…”
The entire opinion is below:
Labels:
Constitutional,
News
Eleventh Circuit Affirms Sanction Against Lead Obama Birther Attorney Orly Taitz
On Monday, the Eleventh Circuit affirmed the $20,000 sanction against lead anti-Obama birther attorney Orly Taitz. The district court's sanction order was discussed HERE. Another Eleventh Circuit case involving Taitz was discussed HERE. The Eleventh Circuit's order can be viewed HERE. Thanks to How Appealing who linked to THIS Ledger Enquirer story. For those not familiar with the story, below is a portion of the District Court's sanction order [see HERE]:
The Court finds that counsel’s conduct was willful and not merely negligent. It demonstrates bad faith on her part. As an attorney, she is deemed to have known better. She owed a duty to follow the rules and to respect the Court. Counsel’s pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law. She knowingly violated Rule 11. Her response to the Court’s show cause order is breathtaking in its arrogance and borders on delusional.
Labels:
Eleventh Circuit,
News
Tuesday, March 16, 2010
Chief Justice Roberts Remarks At The University Of Alabama Law School
C-SPAN posted Chief Justice Roberts remarks at the University of Alabama Law School [see HERE]. C-SPAN's description of the remarks, given March 9, 2010, are below and the video is directly below the remarks.
Supreme Court Chief Justice John Roberts addressed students at the University of Alabama Law School about the history of the U.S. Supreme Court. Following his remarks he responded to questions from audience members. In response to a student, Justice Roberts said the Senate's confirmation process for federal judges is "broken down" and stated that President Obama's State of the Union speech degenerated "into a political pep rally."
Additionally, Los Angeles Times Supreme Court reporter David Savage talked about the Chief Justice' speech in the video below [which can also be found HERE]:
Labels:
News,
Supreme Court
Monday, March 15, 2010
Former USF Football Coach Sues For Breach Of Contract
Former University of South Florida head football coach Jim Leavitt filed a 53 page complaint, 120 pages with exhibits, against USF for breach of contract, access to public records, declaratory relief and injunctive relief. The complaint, HERE, was filed in Hillsborough County, Florida Circuit Court. Interestingly, the 21 page head coaching contract at issue is attached to the complaint. Leavitt is seeking more than $7 million and claims he was improperly terminated after the univesity claimed to terminate him for hitting a student athlete. Articles can be found at the Tampa Tribune (who posted the complaint); ESPN; the Orlando Sentinel; and My Fox Tampa Bay.
Labels:
News
Tuesday, February 23, 2010
Miami-Dade Judge Rules Red-Light Cameras Violate State Law
Miami-Dade Circuit Court Judge Jerald Bagley ruled that Aventura use of red-light cameras is in violation of state law. An article in the Miami Herald states:
The ruling came in a lawsuit filed by a motorist who argued that only the state Legislature can pass laws regarding traffic violations. Cities have gotten around the lack of authorization by citing red light runners with a code violation, rather than a traffic ticket.
I personally experienced being cited for such a "code violation" after a short visit to Naples. The SunSentinel stated:
Invoking opinions issued by the state attorney general in 1997 and 2005, Miami-Dade Circuit Judge Jerald Bagley said traffic laws are the purview of the state and that police officers should witness — and then issue tickets to — red-light runners.
Attorney General Opinion AGO 97-06, released on January 24, 1997 and titled "Traffic citations, use of unmanned cameras" can be found HERE. Attorney General Opinion AGO 05-41, released on July 12, 2005 and titled "Traffic, use of unmanned cameras" can be found HERE.
Other articles can be found at the following links: Miami Herald, Miami Herald, NBC 2, SunSentinel, SunSentinel, First Coast News, and The Ledger.
Labels:
News
Third District Announces The Death Of Retired Judge John G. Fletcher
The Third District Court of Appeal is saddened to announce the death of retired Judge John G. Fletcher. Judge Fletcher died on Monday, February 22, 2010, in New Jersey. Governor Lawton Chiles appointed Judge Fletcher to the Third District Court in 1996 where he served more than ten years and until his retirement in 2007.
Labels:
News
Friday, February 19, 2010
"Supreme Court Justice Barack Obama?"
How Appealing links to an interesting article that will run in Sunday's Washington Post. The article "Supreme Court Justice Barack Obama?" is written by Jeffrey Rosen and is an interesting read.
Also from Jeffrey Rosen is THIS article in The New Republic titled "Roberts versus Roberts: Just how radical is the chief justice?" [This was also from How Appealing].
Also from Jeffrey Rosen is THIS article in The New Republic titled "Roberts versus Roberts: Just how radical is the chief justice?" [This was also from How Appealing].
Labels:
News
Tuesday, February 9, 2010
APPLICANTS SOUGHT FOR CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL
The Florida Bar released the press release below:
Labels:
News
Thursday, January 28, 2010
Obama Critical Of Supreme Court Duing State Of The Union
There is a significant amount of attention being given to President Obama's criticism of the Supreme Court during last nights state of the union speech. The President criticized the Court's recent decision in Citizens United which was discussed HERE. As the President made the remarks, Justice Alito appeared to mouth "not true." As the New York Times discusses below, Alito may have been correct. The text of this portion of the speech, from Yahoo News, is below:
With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests — including foreign corporations — to spend without limit in our elections. I don't think American elections should be bankrolled by America's most powerful interests, or worse, by foreign entities. They should be decided by the American people. And I'd urge Democrats and Republicans to pass a bill that helps to correct some of these problems.
A couple of interesting points and stories:
*Supreme Court reporter Jess Bravin, who writes for the Wall Street Journal, noted that the President added the line "With all due deference to separation of powers" at the podium as the text was not in the released version of the speech [HERE];
*The New York Times notes that the President was not correct abou the impact on foreign corporations. The Times stated "But in his majority opinion in the case, Citizens United vs. the Federal Election Commission, Justice Anthony Kennedy specifically wrote that the opinion did not address the question of foreign companies." [HERE];
*The Blog of Legal Times, giving credit to a University of California Santa Barbara database and editor David Brown, notes that the Supreme Court has been mentioned only nine times since President Wilson's state of the union in 1913 [HERE];
*Read the Volokh Conspiracy's discussion HERE;
*Politico's discussion can be viewed HERE;
*Linda Greenhouse's opinion piece in the New York Times can be viewed HERE;
*Above the Law's story can be viewed HERE;
*ABC News has an article HERE titled "Biden defends Obama's criticism of high court";
*The NPR Blog, HERE, has a post titled "If Alito Did Say 'Not True' About Obama's Claim, He May Have Had A Point."
*Supreme Court reporter Jess Bravin, who writes for the Wall Street Journal, noted that the President added the line "With all due deference to separation of powers" at the podium as the text was not in the released version of the speech [HERE];
*The New York Times notes that the President was not correct abou the impact on foreign corporations. The Times stated "But in his majority opinion in the case, Citizens United vs. the Federal Election Commission, Justice Anthony Kennedy specifically wrote that the opinion did not address the question of foreign companies." [HERE];
*The Blog of Legal Times, giving credit to a University of California Santa Barbara database and editor David Brown, notes that the Supreme Court has been mentioned only nine times since President Wilson's state of the union in 1913 [HERE];
*Read the Volokh Conspiracy's discussion HERE;
*Politico's discussion can be viewed HERE;
*Linda Greenhouse's opinion piece in the New York Times can be viewed HERE;
*Above the Law's story can be viewed HERE;
*ABC News has an article HERE titled "Biden defends Obama's criticism of high court";
*The NPR Blog, HERE, has a post titled "If Alito Did Say 'Not True' About Obama's Claim, He May Have Had A Point."
Labels:
News,
Supreme Court
Tuesday, January 5, 2010
Rothstein To Plead Guilty On January 27th & Updated Document List
With the news that Scott Rothstein will be pleading guilty [see HERE an HERE], I thought I should update the list of documents. You can view the documents at the links below and all prior Rothstein posts at THIS link.
USA v. Rothstein*Information;
*Report Commencing Criminal Action;
*Order on Initial Appearance;
*Waiver of Indictment;
*Minute Entry for 12/1/2009 Proceeding;
*Order regarding status conference, speedy trial and pretrial matters;
*Standing Discovery Order;
*Order of Detention;
*Order Setting Jury Trial;
*U.S.A.'s Ex-Parte Motion For Protective Order;
*Protective Order;
*Ex Parte Motion To Correct Protective Order;
*Amended Protective Order;
*Order of Recusal - Magistrate Judge;
*Motion to Modify Protective Order (12/15);
*Order Directing Expedited Response re: Motion To Lift Protective Order (12/16);
*Response in Opposition by USA re: Motion to Modify Protective Order;
*Reply to In Support Of Stettin's Motion To Lift Protective Order (12/31);
*Order Denying Stettin's Motion To Lift Protective Order (1/4);
*Motion for Alternative Victim Notification Procedures by USA (1-5);
*Order Setting McClain Hearing (1-6);
*Order Granting Motion for Alternative Victim Notification Procedures by USA (1-6);
*Minute Entry for Proceedings (1-6);
*Notice of Hearing re: Change of Plea (1-6).
Lawsuits Against/Related To Rothstein
*Order on Initial Appearance;
*Waiver of Indictment;
*Minute Entry for 12/1/2009 Proceeding;
*Order regarding status conference, speedy trial and pretrial matters;
*Standing Discovery Order;
*Order of Detention;
*Order Setting Jury Trial;
*U.S.A.'s Ex-Parte Motion For Protective Order;
*Protective Order;
*Ex Parte Motion To Correct Protective Order;
*Amended Protective Order;
*Order of Recusal - Magistrate Judge;
*Motion to Modify Protective Order (12/15);
*Order Directing Expedited Response re: Motion To Lift Protective Order (12/16);
*Response in Opposition by USA re: Motion to Modify Protective Order;
*Reply to In Support Of Stettin's Motion To Lift Protective Order (12/31);
*Order Denying Stettin's Motion To Lift Protective Order (1/4);
*Motion for Alternative Victim Notification Procedures by USA (1-5);
*Order Setting McClain Hearing (1-6);
*Order Granting Motion for Alternative Victim Notification Procedures by USA (1-6);
*Minute Entry for Proceedings (1-6);
*Notice of Hearing re: Change of Plea (1-6).
Lawsuits Against/Related To Rothstein
*Stettin v. Lippman (12/29);
*VRLP1 v Rothstein: USA's Notice of Removal (12/29);
*Napleton v. Stettin (1/4).
Carolina Casualty Malpractice Rescission Complaint*VRLP1 v Rothstein: USA's Notice of Removal (12/29);
*Napleton v. Stettin (1/4).
*Complaint;
*Exhibit A;
*Exhibit B;
*Exhibit C;
*Exhibit D;
*Exhibit E;
*Exhibit F; and
*Exhibit G.
Mass Mutual v. Scott Rothstein
*Complaint;
*Exhibit 1: Life Insurance Policy.
Disbarment Documents
*Petition to Accept Disbarment Of Scott Rothstein;
*Florida Supreme Court's High Profile Order in Rothstein Disbarment Proceeding;
*Disbarment on Consent;
*Florida Bar's Affidavit of Costs in Rothstein Disbarment Proceeding;
*Florida Supreme Court Disbarment Order; and
*Southern District of Florida Disbarment Order.
Forfeiture Action
*Stipulation and Settlement Agreement;
*Amended Verified Civil Forfeiture Complaint (11-27-2009);
*Verified Claim of VRLP1, LLC;
*Amended Civil Forfeiture Complaint (11/23/2009) - Stricken by this document;
*Civil Forfeiture Complaint against Scott Rothstein;
*Inventory of Items Seized from RRA;
*Warrant to search RRA.
*Stipulation and Settlement Agreement;
*Amended Verified Civil Forfeiture Complaint (11-27-2009);
*Verified Claim of VRLP1, LLC;
*Amended Civil Forfeiture Complaint (11/23/2009) - Stricken by this document;
*Civil Forfeiture Complaint against Scott Rothstein;
*Inventory of Items Seized from RRA;
*Warrant to search RRA.
Forged Court Documents
*Eleventh Circuit order allegedly forged by Mr. Rothstein;
*District Court Judgment allegedly forged by Mr. Rothstein; and
*Joint Confidentiality order allegedly forged by Mr. Rothstein.
*Eleventh Circuit order allegedly forged by Mr. Rothstein;
*District Court Judgment allegedly forged by Mr. Rothstein; and
*Joint Confidentiality order allegedly forged by Mr. Rothstein.
Bankruptcy Documents
*Stettin's RRA Overview (12-3-2009);
*RRA List of 20 Largest Unsecured Creditors;
*RRA's Emergency Motion To Enforce Stay in bankruptcy court;
*RRA Involuntary Bankruptcy Petition;
*Emergency Motion for Appointment of Temporary Chapter 11 Trustee;
*Notice of 2004 Exam of Qtask;
*Notice of 2004 Exam of Levinsons' Jewelers;
*Subpoena for 2004 Exam of T.D. Bank;
*Notice of 2004 Exam of J.R. Dunn;
*Morse Notice of 2004 Exam of T.D. Bank;
*Trustee's Standard Monthly Financial Reports (November 2009);
*Status Report (12/16);
*Trustee’s Notice of Filing Corrected Exhibit B-18 (12/28);
*Schedules of Assets and Liabilities (12-22);
*Statement of Financial Affairs (12-22);
*Trustee's Motion to File Documents Under Seal (12-22);
*Verified Representation of Creditors - Razorback (12-22).
TD Bank v. Stettin et al.
*Complaint;
*Motion to Deposit Money Into Court Registry;
*TD Bank v. Stettin, et al: Amended Complaint (12/22).
Stettin v. Rothstein
*Complaint;
*Emergency Motion for Preliminary Injunction;
*Scott Rothstein's Notice of Filing;
*Trustee's Notice of Filing
Other
Labels:
News,
Scott Rothstein
Tuesday, December 15, 2009
Report: South Florida Is The Top Judicial Hellhole® In The Country
South Florida is the top "Judicial Hellhole®" in the country according to the American Tort Reform Foundation. The 2009/2010 report can be found HERE and an executive summary can be found HERE.
Judicial Hellholes are places where judges systematically apply laws and court procedures in an inequitable manner, generally against defendants in civil lawsuits. In this eighth annual report, ATRF shines the spotlight on six areas of the country that have developed reputations for uneven justice. Many of the jurisdictions cited this year have been cited before, and positive reforms are often fought tooth-and-nail. Not coincidentally, the local or state economies in many of these Hellholes jurisdictions have suffered more than most during the latest recession. And while reasonable people may disagree about the specific rankings assigned to each, no one can reasonably argue that the jurisdictions cited in this report do not qualify as Judicial Hellholes.
The Madison/St. Clair Record wrote an article, titled "South Florida is top 'Judicial Hellhole'" which can be found HERE. Other articles are found at the following links: Sacramento Bee; Southeast Texas Record
Labels:
News
Monday, December 14, 2009
Scott Rothstein (RRA) Documents And Court Filings
I updated the list of Scott Rothstein documents. You can view the documents at the links below and all prior Rothstein posts at THIS link.
USA v. Rothstein*Information;
*Report Commencing Criminal Action;
*Order on Initial Appearance;
*Waiver of Indictment;
*Minute Entry for 12/1/2009 Proceeding;
*Order regarding status conference, speedy trial and pretrial matters;
*Standing Discovery Order;
*Order of Detention;
*Order Setting Jury Trial;
*U.S.A.'s Ex-Parte Motion For Protective Order;
*Protective Order;
*Ex Parte Motion To Correct Protective Order;
*Amended Protective Order;
*Order of Recusal - Magistrate Judge.
Lawsuits Against Rothstein
*Order on Initial Appearance;
*Waiver of Indictment;
*Minute Entry for 12/1/2009 Proceeding;
*Order regarding status conference, speedy trial and pretrial matters;
*Standing Discovery Order;
*Order of Detention;
*Order Setting Jury Trial;
*U.S.A.'s Ex-Parte Motion For Protective Order;
*Protective Order;
*Ex Parte Motion To Correct Protective Order;
*Amended Protective Order;
*Order of Recusal - Magistrate Judge.
Lawsuits Against Rothstein
*Complaint;
*Exhibit A;
*Exhibit B;
*Exhibit C;
*Exhibit D;
*Exhibit E;
*Exhibit F; and
*Exhibit G.
Mass Mutual v. Scott Rothstein
*Complaint;
*Exhibit 1: Life Insurance Policy.
Disbarment Documents
*Petition to Accept Disbarment Of Scott Rothstein;
*Florida Supreme Court's High Profile Order in Rothstein Disbarment Proceeding;
*Disbarment on Consent;
*Florida Bar's Affidavit of Costs in Rothstein Disbarment Proceeding; and
*Disbarment Order.
Forfeiture Action
*Stipulation and Settlement Agreement;
*Amended Verified Civil Forfeiture Complaint (11-27-2009);
*Verified Claim of VRLP1, LLC;
*Amended Civil Forfeiture Complaint (11/23/2009) - Stricken by this document;
*Civil Forfeiture Complaint against Scott Rothstein;
*Inventory of Items Seized from RRA;
*Warrant to search RRA.
*Stipulation and Settlement Agreement;
*Amended Verified Civil Forfeiture Complaint (11-27-2009);
*Verified Claim of VRLP1, LLC;
*Amended Civil Forfeiture Complaint (11/23/2009) - Stricken by this document;
*Civil Forfeiture Complaint against Scott Rothstein;
*Inventory of Items Seized from RRA;
*Warrant to search RRA.
Forged Court Documents
*Eleventh Circuit order allegedly forged by Mr. Rothstein;
*District Court Judgment allegedly forged by Mr. Rothstein; and
*Joint Confidentiality order allegedly forged by Mr. Rothstein.
*Eleventh Circuit order allegedly forged by Mr. Rothstein;
*District Court Judgment allegedly forged by Mr. Rothstein; and
*Joint Confidentiality order allegedly forged by Mr. Rothstein.
Bankruptcy Documents
*Stettin's RRA Overview (12-3-2009);
*RRA List of 20 Largest Unsecured Creditors;
*RRA's Emergency Motion To Enforce Stay in bankruptcy court;
*RRA Involuntary Bankruptcy Petition;
*Emergency Motion for Appointment of Temporary Chapter 11 Trustee;
*Notice of 2004 Exam of Qtask;
*Notice of 2004 Exam of Levinsons' Jewelers;
*Subpoena for 2004 Exam of T.D. Bank;
*Notice of 2004 Exam of J.R. Dunn;
*Morse Notice of 2004 Exam of T.D. Bank.
TD Bank v. Stettin et al.
*Complaint;
*Motion to Deposit Money Into Court Registry.
Stettin v. Rothstein
*Complaint;
*Emergency Motion for Preliminary Injunction;
*Scott Rothstein's Notice of Filing;
*Trustee's Notice of Filing
Other
Labels:
News,
Scott Rothstein
South Carolina Says Judges Can Use Facebook As Long As They Do Not Discuss Issues Relating to Judicial Work
The South Carolina Advisory Committee on Standards of Professional Conduct issued an advisoty opinion "RE: Propriety of a magistrate judge being a member of a social networking site such as Facebook." The opinion, which can be found HERE, concluded "A judge may be a member of Facebook and be friends with law enforcement officers and employees of the Magistrate as long as they do not discuss anything related to the judge’s position as magistrate." Florida reached a different result on a slightly different question which was discussed HERE.
Thanks to Legal Blog Watch.
Thanks to Legal Blog Watch.
Labels:
News
Sunday, December 13, 2009
"Justices making new push to abolish elected judges"
The Associated Press has an article titled "Justices making new push to abolish elected judges" which can be found at THIS link. "Former Supreme Court Justice Sandra Day O'Connor and several state Supreme Court justices are planning a nationwide push during next year's state legislative sessions to end the practice of electing judges."
I previously had a post, HERE, about Justice O'Connor's view of judicial elections.
I previously had a post, HERE, about Justice O'Connor's view of judicial elections.
Labels:
News
Lead Attorney In Obama "Birther" Movement Files Brief In Eleventh Circuit Weeks After Case Dismissed For Lack Of Prosecution
Previously, I had a post titled "Lead Anti-Obama 'Birther Movement' Attorney Sanctioned And...Appeals Order To Eleventh Circuit." The same attorney recently posted a portion of her initial brief in a different case to her web site. A copy of the entire brief on appeal can be found HERE. Not mentioned on the web site, and a big problem from the perspective of the appellant, is that the Eleventh Circuit dismissed the appeal fourteen days before the brief was filed. As stated on the court's docket, a copy of which can be found HERE, on November 24, 2009 the Eleventh Circuit entered an order stating "Pursuant to the 11th Cir.R.42-2(c), this appeal is dismissed for want of prosecution because the appellant failed to file brief and record excerpts within the time fixed by the rules."
I am sure there will be more to this story and thanks to A.P. for pointing out my mistake.
Labels:
Eleventh Circuit,
News
Saturday, December 12, 2009
D'Alemberte Files Petition In Florida Supreme Court To Create Commision To Investigate Wrongful Convictions
Sixty members of the Florida Bar, led by Talbot "Sandy" D'Alemberte, filed a petition in the Florida Supreme Court to form a Commission "to investigate the circumstances ofcases where actual innocence of a crime has been demonstrated and to develop recommendations for reforms to reduce wrongful convictions."
You can view the Petition HERE.
Labels:
Criminal,
Florida Supreme Court,
News
Monday, November 23, 2009
Florida Bar Files Rothstein Disbarment Pleadings In Florida Supreme Court And Lawsuit Filed Against Rothstein and TD Bank
The Florida Bar filed the documents relating to the Scott Rothstein disbarment. The case, The Florida Bar v. Scott W. Rothstein (SC09-2146), was filed by the Florida Bar today and the Florida Supreme Court entered an order declaring it a high profile case. The Florida Bar released a press release which can be found here. A press release was also released by the Florida Bar on November 18, 2009 which can be found here. The Disbarment on Consent is below:
Mr. Rothstein and RRA were previously discussed everywhere on the internet including on this blog here, here, here, here, here and here. You can view the latest news from Google News here. You can view a number of the relevant filings and documents at the links below:
Lawsuits Against Rothstein
- Amended Razorback Funding Complaint (from Miami Herald);
- Lawsuit filed by Razorback Funding against TD Bank; Andrew Barnett; Scott Rothstein; Debra Villegas; David Boden; Frank Spinosa; Jennifer Kerstetter; Rosanne Caretsky and Frank Preve;
- Exhibits Q through FF (without Y) to Razorback Funding lawsuit;
- Todd Snyder's Complaint against Scott Rothstein, RRA and TD Bank;
- Petition to Accept Disbarment Of Scott Rothstein;
- Florida Supreme Court's High Profile Order in Rothstein Disbarment Proceeding;
- Disbarment on Consent;
- Florida Bar's Affidavit of Costs in Rothstein Disbarment Proceeding; and
- Disbarment Order.
- Amended Verified Civil Forfeiture Complaint (11-27-2009);
- Verified Claim of VRLP1, LLC;
- Amended Civil Forfeiture Complaint (11/23/2009) - Stricken by this document;
- Civil Forfeiture Complaint against Scott Rothstein;
- Inventory of Items Seized from RRA;
- Warrant to search RRA.
- Eleventh Circuit order allegedly forged by Mr. Rothstein;
- District Court Judgment allegedly forged by Mr. Rothstein; and
- Joint Confidentiality order allegedly forged by Mr. Rothstein.
- Executive Order suspending Rothstein from Fourth District Judicial Nominating Committee;
- RRA's Emergency Motion To Enforce Stay in bankruptcy court;
- Amended Order in RRA state court receivership action;
- RRA Involuntary Bankruptcy Petition;
- Emergency Motion for Appointment of Temporary Chapter 11 Trustee;
- Andrew Barnett's Letter Confirming Todd Snyder's Money Was Being Held In Trust;
- IRS Ponzi Scheme Questions and Answers.
Labels:
Florida Supreme Court,
News,
Scott Rothstein
Friday, November 20, 2009
More About The Ex-Smoker's $300 Million Win Against Philip Morris
Google Fast Flip has twostories about the $300,000,000.00 awarded by a Broward County jury to an ex-smoker. The stories are:
"Ex-Smoker Wins Against Philip Morris" in the New York Times; and
"Fla. jury awards $300 million in ex-smoker's suit" in Business Week.
The verdict was previously discussed here.
Labels:
News
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