Four Kings?

Wow that was a great Heat game DCBA installation dinner on Saturday:

Trial lawyer Garrett Biondo is the incoming president of the Dade County Bar Association. He’s also a Miami Heat season-ticket holder who refuses to miss a big game.

But when it comes to Saturday’s Game 7 — arguably the biggest home affair in Heat history — he can’t be both.

At the same time the Heat and Celtics decide the Eastern Conference championship Saturday, Biondo will be about a mile south for his swearing in — at the Bar association’s black-tie gala, held at the Mandarin Oriental.

Think he’s disappointed? Imagine the 300 or so others in attendance who aren’t being recognized at the event. 

What grit, what determination -- Russomanno shoots, she scores!

Actually, congrats to the new officers at DCBA -- see you all in Oklahoma, USA:

Read more here: http://www.miamiherald.com/2012/06/08/2839958/game-7-mania-grips-miami-heat.html#storylink=misearch#storylink=cpy

Please God, No.

This is so mind-numbingly stupid it pains me to excerpt it:

A measure to ban the use of foreign laws in domestic courtrooms is progressing in Florida's statehouse, one of dozens of similar efforts across the country that critics call an unwarranted campaign driven by fear of Muslims.
Forty such bills are being pursued in 24 states, according to a tally by the National Conference of State Legislatures, a movement opponents call a response to a made-up threat of Shariah law, the Islamic legal code that covers many areas of life. Backers of the bills say they fill a glaring hole in legal protections for Americans.

"There have been all sorts of wild accusations about what this bill does," said Sen. Alan Hays, R-Umatilla, who sponsored the Senate bill in Florida. "This is very clear, very simple: In American courts we need American laws and no other."

The Florida measure passed the House on Thursday 92-24. It awaits a full vote in the Senate.

If passed, Florida would join three other states — Louisiana, Arizona and Tennessee — in approving legislation curtailing the use of foreign laws.

 "American laws"?

Yeah, like the Magna Carta, or better yet -- the Bible (wasn't Charlton Heston a Real American when he brought down those ten laws?).

I think the basic problem is that the "Sharia law" controversy doesn't really exist -- I know of no trend where federal or state courts are deferring to Muslim law in derogation of operative state or federal law.

Like voter fraud and Newt Gingrich, it's basically a scare tactic:

If Sharia opponents can’t name a single instance of Islamic law being used in the state courts, what exactly is the point of banning it — beyond vague and unsubstantiated fears?
On the other hand, there isn’t exactly a compelling counter-argument in favor of Sharia law. The U.S. courts should avoid applications of religious law in general. And Sharia has a particularly horrific reputation, since it’s used to justify the state-sanctioned oppression of women, the silencing of journalists and human rights workers, religious persecution, and vicious executions across the Islamic world.

But the good news for Sharia law opponents is that these things are already illegal in the United States, and Sharia is rarely applied to anything in this country beyond executions of wills and personal financing matters. Unless that changes, attempts to “ban” it are based on little more than hysteria and conspiracy theories.

Although it's obvious the FL bill's sponsors are not targeting English common law or the French civil code, in light of this recent 10th Circuit opinion (on Oklahoma's version), up in Tally they are careful to not mention Sharia law specifically by name -- just the usual dog whistles for the well-trained base this bill is intended to satiate.

All of this is yet another compelling argument to retain Justices Pariente, Lewis, and Quince -- and I personally want to commend Raoul Cantero for putting a bipartisan face on the fundraising event Monday, which btw was well-attended with the cream of the crop in South Florida's legal community all supporting their retention.

We will need good strong judges to resist these sorts of nativist impulses.

(RIP Judge Maxine Cohen Lando.)

Tale of Two Headlines: Checking Overdraft Update...or Herman Russomanno Looked White Hot!

So who else saw Herman Russomanno looking quite dapper at the Heat game last night?

LOVE the white jacket and red hankie!

In other SD FL news, the plaintiffs in the Checking Overdraft litigation, in light of new bank motions to arbitrate filed after the Supreme Court's Concepcion decision, are arguing waiver (of course) but also that the Supreme Court didn't fundamentally change the law in the 11th Circuit:

Simply put, Concepcion did not change the law of arbitration enforceability in the vast majority of the relevant states. For example, Concepcion changes nothing in states such as Florida, Georgia, Texas and others, where certain Plaintiffs reside. These states have never adopted a rule even closely resembling Discover Bank’s per se rule against class action waivers.

What do you think -- does this argument hold water?

Vote, You Plebes!

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).

And for those of you with good memories, I offer this blast from the past:

This video has been removed by the user.

Hey, no fair!

Five Neat Guys Reunion!

If you watched SCTV back in the day, you may recall their classic skit "Five Neat Guys."

Well, I'm happy to see the boys reunite (possibly in Scotland I can't quite tell).

Well done, fellas!

SFL Friday -- Bicycle Races Are Coming Your Way.

You know, I'm starting to tire of always writing about local lawyers and the law.

For one thing, it ain't easy making you guys seem interesting!

Take Krupnick Campbell lawyer Robert J. McKee, whose BP litigation roadshow was profiled today in the NYT:

Mr. McKee’s advice to the group — and it was just advice, because he had to stay on the proper side of the ethical line that bars solicitation of clients — was blunt. Should they decide to sue, he said, “You find someone competent who can kick their butt and take what is owed to you for full, fair and honest compensation.”

I'm all for kicking BP's butt, and what better way to do that than by exposing yours in an anti-BP nude bicycle protest.

Yep, you read that right.

I plan to be there -- in fact, I'll be wearing my vintage 1967 Elvis Presley striped terrycloth speedo with the solid gold buckle so take that, America's dependence on foreign oil!

But then you come across a story like this, and it just sorta makes it all worthwhile:

Marlins Ballpark isn't scheduled to open until April 2012, but that didn't stop season-ticket holder Herman Russomanno from touring his Diamond Club suite Thursday and checking out the field-level view directly behind home plate. The Miami attorney sat down in his cushioned, oversized seat and pronounced it ``very comfortable and spacious,'' then plunked down a deposit for four seats at $325 per seat per game.

Russomanno was the first visitor to the new Marlins Ballpark sales headquarters overlooking the construction site in the footprint of the old Orange Bowl in Little Havana. The 1,800-square-foot office at 1390 NW Seventh St. -- scheduled to open Tuesday by appointment -- features an exact replica of a premium suite, three-dimensional, wall-sized video and artists' renderings and a detailed scale model of the ballpark, complete with moving, retractable roof and miniature JumboTron.

So Herman's the very first visitor to a Derek Zoolander Center For Kids Who Can't Read Good And Wanna Learn To Do Other Stuff Good Too-styled mock up of his luxury "Diamond Club" box seat, and the Herald writes about it, and gosh darn it, that's precisely why this blog exists.

Thank you, Sir, and spend $1300 per home game in good health.

Before I take off to prepare for tomorrow's big ride, make sure not to piss anyone off, try to laugh more, and don't forget to watch Robert Klein's new HBO special this weekend.

(I'm serious about the last part).

Have a great weekend!

3d DCA Watch -- CANCELLED DUE TO LACK OF ANYTHING TO WRITE ABOUT

Boy that was some Federal Bar Luncheon today, huh?

I sure hope Herman finds out exactly when the right time is to apply for judicial clerkships, I don't want him to miss out.

Also, Judge Seitz doesn't really "do" email, and Judge Altonaga managed to make a discussion of CM/ECF very interesting -- seriously.

One suggested expansion category for the drop down selection screen -- to do lists.

Nice group of clerks you both have, btw -- but Mikey you'll have to wait before you can start hiring them all.

Now, let's talk about the 3d DCA.

If I didn't know any better, I would think that maybe, just maybe some Resplendently Robed jokester was trying to make our lives difficult this week, by purposely only releasing opinions that have the word "State" in them.

Was it you, Judge Ramirez?

It's ok, you can come clean now.

Ha ha no civil orders, I get it boy do I have egg on my face.

Point made, Your Honor.

Now how about even one measly civil opinion, you know, for the good times?

Herman Russomanno Is Delighted.

How many times can one guy be delighted in a single soundbite:

Rivkind, Sotolongo and Wingate drew up the fee-splitting arrangement in February 2008, about a month after Wingate dropped his case portfolio, according to Stettin’s order.

“I conclude that it is a secret, self-serving and illegal arrangement intended as a means of evading this court’s order concerning Wingate’s claim to fees and costs from files which he abandoned,” Stettin wrote in an order issued late Monday.

The judge said there was no evidence to suggest that Rivkind had defied the court by entering into a fee arrangement that Stettin had barred.

“We’re delighted that Judge Stettin made the express finding that the Rivkind law firm did not engage in any conduct in violation of a court order, and we’re delighted that the judge did not find Mr. Rivkind in contempt,” said Rivkind’s attorney, Herman Russomanno of Russomanno & Borello in Miami.

Peter Sotolongo, not so much:

But the judge slammed Sotolongo. Stettin wrote that the lawyer’s “misconduct was compounded by his false, misleading testimony” during a Jan. 15 deposition.

During the deposition, Sotolongo estimated he received about $20,000 under the fee-splitting arrangement. But Stettin concluded the actual amount was about $114,000 after he examined fee agreement contracts in 27 cases. The judge on Tuesday ordered the attorneys to send their fees to the court clerk’s office.

“The disparity is too large to suggest it was simply a memory lapse,” the judge wrote. “Sotolongo’s lack of candor is not attributable to simple negligence or a bad memory.”

The judge held Sotolongo, who was Wingate’s associate, and Wingate in contempt. Stettin noted he was referring the matter to The Florida Bar for investigation.

Oy.

Judge Stettin should be enjoying his retirement, instead he's got a crazy case like this to preside over? And I have a sneaking suspicion this whole mess is not quite over.