3d DCA Watch -- I've Got Those Bunker Dweller Evidentiary Blues.

I think the bunker dwellers may have emerged briefly from the darkness for their annual "sun" day (hey, vitamin D is important!), as there was only one opinion of note on the civil side:

Gutierrez v. Rubio:

Judge for yourself whether this is or is not a conflict:

This matter arises out of the plaintiffs’ lawsuit against Rubio for breach of contract. In 2010, the plaintiffs engaged attorney Wolfe and his firm to file suit against Rubio in state court, alleging she breached a contract for an entertainment appearance in 2010. In September 2012, Rubio hired Felipe Restrepo (“Restrepo”) as her personal assistant. She fired him less than two months later, in October 2012. Restrepo then hired Wolfe to represent him in an unrelated claim against Rubio in federal court.

Court says where there are conflicting affidavits you have to conduct an evidentiary hearing to resolve the conflicts:

Here, no testimony was presented, only affidavits, and those affidavits disagree on such material issues as whether Restrepo had access to and did obtain any proprietary information, whether such information was passed on to Wolfe, and if so, whether that information gave Wolfe an unfair tactical advantage in the litigation between the plaintiffs and Rubio. As such, the trial court departed from the essential requirements of law by considering solely the conflicting affidavits and by not conducting an evidentiary hearing to resolve the conflicting factual issues.

That seems pretty fundamental, don't you think?

SFL Friday -- Mysteries of Love Edition!

Well it's almost that time, and as I gather my windsurfing essentials my mind lingers on the Gulf Oil disaster.

Question -- why is the media fixated on whether you can see oil on the beaches?

Given the historic volume of oil released, and the length of time the oil has been gushing, isn't it a reasonable assumption that the Gulf ecosystem will be severely impacted whether or not you can anecdotally spot surface oil off the shoreline?

Still, it's good to know we have assembled the right legal team:

The co-chairman of the group Gov. Crist created about a month ago to look out for the state's legal claims against BP and others was one of many lobbyists last year for the group that ambushed the Legislature with a bill to end the ban on oil drilling in state waters. Former Florida Attorney General Jim Smith also was a lobbyist for BP about a decade ago, and his son was a registered lobbyist in Tallahassee for BP last year."Hey, I'm a lawyer," Mr. Smith said in an interview Thursday, meaning that his work for the oil industry won't affect his work for the state going after the oil industry. "I'm not concerned about (a conflict)," as he leads the Oil Spill Legal Advisory Council.

"Hey, I'm a lawyer" -- well that settles it!

Don't lawyers run conflicts checks anymore?

Oh hail I'm outta here.

Before I rev up the van please remember to always dress appropriately for work, people have been writing about it for a long time, and Cameron Diaz reveals her beauty secret (hint hint -- it's also an effective diet).

Have a wet hot American weekend!

Here's An Idea.

Morning, kids!

Still thinking about the FBA B SD FL BABC.

I love that scene from Trains, Planes and Automobiles, where Steve Martin suggests to John Candy how to tell a story:

You know everything is not an anecdote. You have to discriminate. You choose things that are funny or mildly amusing or interesting. You're a miracle! Your stories have NONE of that. They're not even amusing ACCIDENTALLY! . . . And by the way, you know, when you're telling these little stories? Here's a good idea - have a POINT. It makes it SO much more interesting for the listener!

Just sayin'.

What a brilliant idea in this WP editorial on how to help clean up judicial conflicts:

A proposal by the American Academy of Appellate Lawyers offers improvements. The proposal calls on courts to make available with sufficient lead time the names of the judges scheduled to hear an appeal. Without such warning, lawyers and litigants might not know that a judge with a possible conflict is sitting on the case until they enter the courtroom. Raising an objection then is awkward, to say the least, and probably futile.

Sheesh, I wonder why no one thought of this before?

BTW, get ready -- summer's here.