When I joined the firm, he said, “Son, I’m going to give you some good advice.” That advice has stuck with me all these years, and I quote, “Never lie to another lawyer; never even think of lying to a judge; and never have a secretary you can’t fire.”
Ok, the first two I definitely agree with, but Charlie, on the last one -- does your secretary know this?
I'd offer a few more:
"Son, never follow your father into a restroom; when on a plane always sit to the left of Ervin Gonzalez (long story); and never give in. Never give in. Never, never, never, never--in nothing, great or small, large or petty--never give in, except to convictions of honor and good sense."
(Alright, that last one was Winston Churchill -- I modified it to conform to our local discovery practice).
Today is the last day to vote for Florida Bar President and for open seats on the Board of Governors:
Schickel is part of a three-way race for president, which hasn’t happened in 26 years. The 1984 race saw Patrick Emmanuel of Pensacola win in a runoff with William Trickel Jr. of Orlando. Michael Plunkett was third.
Schickel is running against Walter Campbell Jr. of Fort Lauderdale and Gwynne Alice Young of Tampa. All three are members of The Florida Bar board of governors.
The winner needs 50 percent of the vote plus 1, so, with three candidates, it is likely there will be a runoff.
“This is the first contested race since 2000, when Herman Russomanno of Miami was elected, and the first three-way race I can remember,” said Howard Coker, 1998 Florida Bar president. “I fully expect there to be a runoff.”
Coker ran unopposed, so he didn’t have to campaign as much as Schickel, his fellow partner at Coker, Schickel, Sorenson & Posgay has.
“This is what I call an old-fashioned election. Because you don’t have any polling, you don’t have any trending, you don’t have any tracking like you do in major political races. Three people put their hats in the ring and you just have to see how it shakes out,” said Coker.
You can vote online here -- the deadline is the stroke of midnight (of course).
Miami-Dade Circuit Judge Joseph Farina has overruled objections and approved a $1.8 million settlement in a Chinese drywall class action with Homestead homeowners.
Farina approved more than $2.9 million in attorney fees and costs to close the case.
Ervin Gonzalez of Colson Hicks Eidson in Coral Gables tried at a Feb. 4 hearing to scuttle the settlement on behalf of 29 of the 79 members in the suit between Keys Gate homeowners and Banner Supply, distributor of the defective drywall.
Farina recognized in the order that many homeowners wanted to opt out of the settlement because personal injury, bodily injury and medical-monitoring claims were never asserted in the complaint.
However, he said the settlement language defined released claims as "any and all causes of action, damages or injuries arising from or related to defective drywall."
This was the exact language used in a separate settlement involving other defendants in the same class action, Farina noted. South Kendall Construction, Palm Isles Holdings and Keys Gate Realty worked out their $6.6 million settlement first, and Farina said the appropriate time to raise an objection on illness claims was at that settlement hearing last July.
"Objecting to this principle now, for the first time, is not timely — particularly when counsel for the objectors was among those attorneys who signed" the initial settlement, Farina stated in the order.
Gonzalez said that while he appreciated the judge's willingness to hear homeowners' concerns, they would appeal.
"We feel it's a matter of great importance that should be decided by a court of higher authority," he said. "We think it's a matter of first impression in the state of Florida."
Farina noted homeowner concerns about bodily injury are prospective and unconfirmed at this time because no scientific proof has been produced showing the tainted drywall causes illness.
The judge did suggest homeowners still have recourse to pursue bodily injury claims. Banner Supply is suing Knauf Plasterboard, the Chinese manufacturer, and homeowners could attach their claims to that suit.
He said health claims also could be made before a New Orleans federal judge presiding over multi-district litigation.
A couple things -- it's pretty unusual to see a release of personal injury claims in a suit for economic injury arising out of property damage.
And of course the Judge is right that class members could assert personal injury claims in other forums, such as in New Orleans, but to do so they would have to opt out of the settlement and therefore not receive any of the benefits for a case that had been only about property damage.
It's also interesting that the Court apparently certified a class -- for settlement purposes only -- that presumably included individual personal injury claims. I wonder whether those claims were valued in the settlement and, if so, how much?
(That doesn't mean the settlement is not proper btw).
As for lateness, the Judge notes Ervin was a signatory to a prior settlement with other defendants that also included an identical release of personal injury claims.
Now that's where it gets interesting -- perhaps the back story begins right there?
Markus told the Observer that the cost of the first trial has taken a huge financial toll on the artiste and asked fans, friends and supporters of the artiste to assist in any way they can.
Very true. That's one advantage the government always has when they decide to retry a case -- they never run out of money.
The $850,000 monthly payments to Feinberg’s firm will continue through year-end and then will be reviewed, a person familiar with the contract said today.
The money goes to seven professionals at Feinberg’s firm and is paid by BP separately from the fund to help victims, according to the person, who spoke on condition of anonymity about details not spelled out in today’s report. Among those being paid is Feinberg’s brother David, according to the report. David Feinberg is listed on the firm’s website as director of special projects.
The payments from BP help offset the “significant distortion” the project is causing to the Feinberg firm’s business, Mukasey said in the report today. Feinberg Rozen has turned away three mediation requests since June, according to the report.
Ok, three mediation requests but come on!
The last time I used Feinberg for a mediation he was billing well north of $1000 an hour, and that was quite a while ago.
How's that compare to the hourly rate of an Article III judge, like Judge Barbier who is presiding over the actual MDL litigation?
BTW, the Judge picked the steering committee to oversee the prosecution of the Deepwater Horizon litigation, and our own Ervin Gonzalez made the list, which you can see here.
Ervin A. Gonzales, a Florida lawyer, argued that “clearly, Louisiana is the most affected state, but there may be appearances of conflict” for judges and jurors. He suggested Miami.
Note to NYT -- I know Hispanic names are tricky, but it's Gonzalez, not Gonzales.
(Doesn't anyone fact-check anymore?)
Big surprise -- people don't always understand contracts that they sign, especially when there's lots of fine print:
The agency says DIRECTV buried additional fees in small print in service agreements with customers. For example, it cited a $5 charge for a second receiver; a $19.95 fee for complex installation, handling and delivery; $6 per month for DVR service; and $10 a month for HD access. But the company's offers of free installation in up to four rooms and free HD DVR receiver upgrades didn't include information about these fees.
In addition, the suit says customers who thought they were signing a one-year contract based on ads that offered to lock in a price for a full year were actually signing two-year contracts. And, the suit says, ads that claimed the service offers more than 130 HD channels, including local channels and exclusive sports packages, added in fine print ``eligibility for local channels based on service address. Programs not delivered in HD in all markets,'' and ``Blackout restrictions and other conditions apply.''
The consumer services department says these conditions didn't clearly explain to consumers that even with the most expensive programming packages, they wouldn't get all channels all the time.
Bit of a hodge-podge of a complaint if you ask me, but here's the important thing: the contract specified a pool of exactly 2530 feet!
So I see that the representative plaintiffs in the Chinese Drywall trial have testified:
"We loved being there,'' said Armin Seifart, who works as senior counsel for Chevron. ``It turned into a nightmare.''
I have to assume Ervin and Victor know what they are doing, but does it strike anyone else as odd that the test plaintiffs they put up are wealthy professionals who purchased a $1.6 million home in Coconut Grove?
The husband is a senior in-house attorney at Chevron, which last I checked is AN OIL COMPANY, and the wife is a clinical psychologist.
These are the best victims to present to a Miami-Dade jury?
The first witness to take the stand was Banner controller Scott Giering, who had said during a deposition that some people might actually like the smell caused by drywall in some homes -- that of rotten eggs or flatulence.
"I truly regret that statement that some people like that smell or enjoy that smell,'' Giering said. "I would prefer not to live in a house that smells like rotten eggs.''
Under an ENTIRELY FICTIONAL cross-examination, however, Giering's tough anti-fart stand evaporated into the ether, leaving only the faint taint of warmed-over Indian food:
Ervin Gonzalez: Did you or did you not tell me in your deposition that some people like farts?
Scott Giering: Yes, I did. But I have an explanation.
EG: You do? Go ahead and share your "flatulence epiphany" with the jury.
SG: I prayed for guidance, and realized in my heart that farts truly do smell bad.
EG: Oh sure you did.
SG: No, really, my testimony today is the truth. I'm sorry for any confusion.
EG: {Ppwwwwwtttt}
SG: (uncomfortable silence)
EG: (turns rear towards witness and waves hands furiously)
SG: Oh god. Oh oh god. (starts crying) That's lovely, that's truly lovely! My is that aroma amazing.....please one more, oh God oh oh.......
EG: (glances knowingly at jury) I have nothing further, your honor.
But in a sworn deposition in May, Banner executive Scott Giering said he wasn't aware of any problem with the Chinese-made drywall his company sold, other than through media reports. When Gonzalez asked him about if he was aware the drywall smelled bad, Giering said that was up for interpretation.
"Some people happen to like rotten egg smells,'' Giering said.
"Smells like flatulence, doesn't it,'' Gonzalez asked, to which Giering replied, "Some people happen to like that.''
Giering continued:
Giering: Yeah, you know like how in your car you let rip a giant fart and turn off the A/C and close your windows and your car becomes a rolling Dutch Oven? What can I say, some people just really dig the smell of farts. Here it's like your whole house is a permanent Dutch Oven fartfest, except all the farts are Chinese! It's great. These homeowners should really be thanking us for this.
[turns to defense counsel]: Ouch! Stop kicking me under the table.
"This will be the first contested trial," said Steve Herman, an attorney representing the Hernandez family.
That leaves the Hernandez family standing in for the 2,100 others around the country involved in the litigation. Big court cases involving lots of parties often use "test trials" or "bellwether trials" to try to work through the issues without trying every individual case.
While the Hernandez case doesn't have any direct legal influence on the other cases, what the court decides about what needs to be done to fix the Hernandez home and how much it will cost to make those repairs could help establish values that will guide settlement discussions in the rest of the cases.
"Their significance is magnified because there are so many similar cases with common elements," Herman said of test cases. "It's something that facilitates settlement, because it gives the parties and the court guidance on what the cases are worth."
In other MDL news, Julie Kay reports on Judge King's denial of several motions to dismiss in the checking overdraft cases:
“It’s a really important decision because these banks fought long and hard to get this knocked out at the dismissal stage,” said Bobby Gilbert, a partner at Alters Boldt Brown Rash Culmo in Miami and co-lead counsel on the case with Bruce Rogow, “The entire order is a major step forward for us ... allowing us to proceed to the discovery stage.” Miami attorney Barry Davidson of Hunton & Williams, who represents Wachovia, declined comment, as did Aaron Schur of Aaron & Porter in San Francisco, who represents Bank of America.
So I see the Senate finally confirmed Joseph Greenaway Jr. to the 3d Circuit, unanimously, after being nominated back in June 2009:
Joseph Greenaway Jr. is the latest example of a delayed nominee with no opposition. Nominated in June for the 3rd U.S. Circuit Court of Appeals, he won the unanimous backing of the Senate Judiciary Committee in October. The Senate could have confirmed him immediately, without even a formal vote, but it took until Feb. 9, when Greenaway was confirmed, 84-0.
"He should have been confirmed last year, and he would have but for Republican objection," said Sen. Patrick Leahy, D-Vt., the chairman of the Judiciary Committee, in remarks prepared for the Senate floor.
Seven other nominees for district or appellate judgeships had similar experiences before getting confirmed unanimously. Ten nominees are awaiting votes, and many of them face no opposition.
Republicans say the delays are warranted, given the rigorous vetting involved for lifetime appointments to the federal bench. "We need to do our homework. Do our background. See what the bar association says. See what the FBI says," said Sen. Jeff Sessions, R-Ala., the top Republican on the Judiciary Committee, at a Feb. 11 hearing.
That is just disgraceful.
Regardless of your politics, there is no reason to hold up judicial nominations where the nominee is not controversial, there is no public opposition, and no red flags have been raised.
The proceedings will be conducted without Taishan's participation, so there was no one to contact for comment. On Thursday, Knauf Plasterboard Tianjin Co. Ltd., another drywall manufacturer from China which had intervened in the Taishan proceedings because of its interest in any precedents that could come out of the case, abruptly dropped out, leaving no defense witnesses and no one to cross-examine the plaintiffs' witnesses.
Should make the Daubert hearing a bit easier, don't you think?
Friends: A trial date has been set for the Chinese Drywall litigation. I find that my clients' current needs are overwhelming and that I must focus on their needs rather than my goal to become President-Elect of The Florida Bar. This is why I have withdrawn as a candidate. I believe that as professionals our duty requires us to protect our clients' interests first and foremost. Thank you for all of your support.
Clients' current needs? Professional duty?
I told you this guy is old-school.
Actually, that's a bummer but we totally understand.
For old times' sake, let's take another look at Ervin's announcement video and what could have been.....
I beseech you: Please, no more letters regarding gay adoption.
I am confident other Bar members join me in saying we are sick and tired of the respective sides’ righteous indignation, moral outrage, and dueling biblical references.
Alternatively, please set a future date that such letters will no longer be published. After all, both final argument at trial and appellate oral argument are limited in time and scope.
Furthermore, does either side really believe it can convince the other of the other’s error of its ways?
Claudos G. Spears Young Harris, GA
Let me go Claudos one further: I suggest we condense the entirety of the Florida Bar News to a single bi-weekly "tweet."
I am pretty sure we can get everything in and have 20 or so characters left to spare.
Ervin, this could be a tremendous election platform -- what do you say?
Actually, since our report yesterday Ervin has created a genuine Twitter account, though his tweets are protected -- just like he'll protect all of us when he becomes our next Bar President.
Ervin, I spent the requisite 3.7 hours attempting to get through your full two-page ad on pages 14 and 15 of the December 1st Florida Bar News. After several brief naps and thirty-two shots of cafecito, I persevered and made it to the end.
In it, you set forth a detailed and thoughtful agenda for change if elected as President-Elect of the Florida Bar. You already know you have my support.
But I paid particular attention to your section on technology:
"My administration will take advantage of the technological advances that have been made in recent years and provide greater access to electronic filing of court documents, internet seminars, teleconferencing meetings and interactive web based seminars and programs for Florida lawyers."
Listen, I don't want to fly off the handle and accuse your opponent of an internet-savvy "dirty-tricks" campaign or anything (that would involve me having to look up who your opponent is, for one thing).
But something is rotten in cyberspace, dude.
Ervin (alright, you too Mr. Erstwhile Opponent), you are more than welcome to use this limited plot of intertubular real estate to make your case to the good lawyers and judges of South Florida -- or at least the ones who spend way too much time screwing around on here.
Hey, I see that my friends over at China Law Blog (they're the guys who pretty much beat the crap out of me for the ABA's Best Regional Blawg last year) have included yours truly in the latest Blawg Review.
Check it out, it's excellent.
A friend passed along this website for Nova grad and St. Lucie County attorney Brent Buckman. I think it speaks for itself.
Brent, this is what happens when you let Rumpy design your website.
Officer "Oreo" Lorenzo, a highly decorated Police officer with the City of North Miami Beach Police Department, was driving westbound on Pines Boulevard in Pembroke Pines, Florida on July 2, 2004, when 18 year old Natasha Russo failed to stop at a stop sign and attempted to make a left turn eastbound on to Pines Boulevard, causing Officer Lorenzo to swerve to avoid a direct impact. As a result, his car swerved and tripped on the median curb, rolled over and slammed up against a Royal Palm tree within the median that crushed the roof of his police car and ejected him into the street. He sustained a serious head injury that resulted in his death a week later.
The lawsuit alleged that Ms. Russo was negligent for failing to remain stopped at the stop sign and yield the right of way to Officer Lorenzo. The lawsuit also alleged that the Florida Department of Transportation (FDOT) violated its own internal rules and standards by allowing a drainage curb (referred to by the Department as an "F" curb) and very large Royal Palm trees to be present in the median of a road with a speed limit of 50 miles per hour. "The Florida Department of Transportation rules do not allow curbs and Royal Palm trees to be present on roads with speed limits greater than 45 miles per hour precisely because of the danger that they present to motorists who may roll over when they impact the curb of the median at high speeds," said Ervin A. Gonzalez, attorney for the Lorenzo Family. "Had the FDOT implemented its own rules, there would be no 'F' curb or rigid tree trunks on Pines Blvd. and Officer Lorenzo would have walked away from the accident."
The Jury agreed and found in favor of "Oreo" Lorenzo's family, awarding them 70% of the total $11,537,700.
First of all, I had no idea you could go 50 miles an hour on Pines Boulevard, even as a theoretical proposition. Second, 70 percent seems high, even if there were violations of the FDOT internal rules and standards.
You all know my opinion of the Herald's letters page. Yet sensible lawyers continue to write in, hoping against hope that something halfway intelligent gets printed amid the dreck and noise of that usually inane page.
Voters should be careful when voting for constitutional amendments. Florida's Constitution should not be used to legislate matters that are best handled by elected lawmakers. They have been charged with creating, amending and abolishing laws to support the needs, health, safety and welfare of state residents.
Amendments should be limited to matters of great fundamental importance such as guaranteeing basic freedoms, setting forth the separation of powers and other principles that we are entitled to enjoy in a free and democratic state.
Sounds reasonable, no? Except when the Herald surrounds it with letters by crazies who think Barry "Hussein" Obama was born in Indonesia and is best friends with Josef Stalin. Then I think some of the subtlety gets lost.
Ervin, next time just write an op-ed, dude.
(BTW, I haven't seen Ervin in a while, so I wasn't sure which of the above photos is correct.)
