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Friday round-up

After lying in repose for two days atop the front steps, the casket of Justice Ruth Bader Ginsburg today will move across the street from the Supreme Court. There, Natalie Andrews of the Wall Street Journal reports that Ginsburg will be not only the first woman, but also the first person of Jewish faith, to lie in state at the Capitol. As Ginsburg leaves the Capitol Friday night for a private interment ceremony at Arlington Cemetery next week, the news cycle will remain focused on the court. “On...
Tags: Google, Florida, Supreme Court, Law, Npr, Louisiana, Donald Trump, Ruth Bader Ginsburg, Wall Street Journal, Oracle, Arlington Cemetery, Trump, Round-up, Reuters, Capitol, Lawrence Hurley

The Dangers Of Opening Up Your Office — See Also

Squire Patton Boggs Has To Close Office: Following a COVID outbreak. Salary Cut Rollbacks: At K&L Gates and Orrick. Don't Think The System Is Broken? Check out what's happening in Florida. Weil Gives Hours-Based Bonuses: Will that help or hurt most associates? $2.7 Billion Decision: David Boies hits one out of the park.
Tags: Florida, Law, David Boies, Squire Patton Boggs, See Also, Orrick Don

Morning Docket: 09.24.20

* Florida's Attorney General is calling for an investigation over whether Michael Bloomberg's pledge to pay off fines for ex-felons in Florida so they can vote was unlawful. You know what they say, no good deed... [Politico] * Facebook has been hit with a lawsuit alleging that it failed to remove hateful pages which allegedly led to the Kenosha shootings. [ABC News] * A judge has ordered Eric Trump, son of President Trump, to sit for a deposition conducted by the Attorney General of New York...
Tags: Facebook, Florida, New York, Law, Nbc News, Abc News, Michael Bloomberg, Trump, Kenosha, Eric Trump, Morning Docket, Bloomberg Law, Herald Tribune, President Trump, Attorney General of Florida

NYT columnist Thomas Edsall lists 5 things Biden supporters should worry about.

Here:First, there are indications that Trump’s base of support — whites without college degrees — is more energized and committed to voting this year than key Democratic constituencies. And there is also evidence that polling does not reflect this.Second, Latinos, who are key to the outcome in several crucial states — Arizona and Florida, for example — have shown less support for Biden than for past Democratic nominees. Many Hispanic voters seem resistant to any campaign that defines them broadl...
Tags: Florida, Law, Congress, Cbs News, Arizona, Protests, Ethnicity, Biden, Catholics, Trump, Democratic, Otto, Catholic Supreme Court, Thomas Edsall, Edsall, Ann Althouse

"Now I’m asking sleepy Joe Biden to give me a list and he doesn’t want to do it. You know why? "

"Because he can only put super radical left judges on, people that would destroy our country, people that would destroy your country. And he knows that he’s not electable… He shouldn’t be electable anyway. This is the worst candidate. You know where he is today? They have a thing called the LID. I don’t even know. Do you know what LID stands for? LID. He put out a LID today early in the morning. LID means he’s not going to be anywhere today. I’m working my ass off, I’m in Ohio, I’m in Texas, I’m...
Tags: Florida, Texas, Law, Love, Joe Biden, Ronald Reagan, Wisconsin, Ohio, Michigan, Trump, Ann Althouse, Trump rhetoric, Trump and the judiciary, Trump idolatry, replacing Ginsburg, Biden And Judges

Another accounting of Justice Ginsburg's criminal justice legacy

I receive via email from Arizona State College of Law's Academy for Justice a terrific review (with links) of some of Justice Ruth Bader Ginsburg major work in criminal justice cases during her tenure on the Court, as well as some leading scholarship discussing this work. I got permission to reprint this collection here, so: Some of Justice Ginsburg's Criminal Justice Opinions : Timbs v. Indiana, 586 U.S. ___ (2019) (Excessive Fines Clause) Perry v. New Hampshire, 565 U.S. 228 (2012) (eyewitne...
Tags: Florida, Law, Alabama, Indiana, United States, New Hampshire, Arizona, New Mexico, Ruth Bader Ginsburg, Terry, Miller, Thomas, Perry, Ginsburg, Chandler, Shelton

If Barbara Lagoa is Trump's pick for the Supreme Court, it will forefront a subject that roiled the presidential election in 2000 — Elian Gonzalez.

I'm reading "Lagoa’s Role in Florida Will Be a Big Factor in Trump’s Supreme Court Pick/Judge Barbara Lagoa lacks some of the usual credentials of a Supreme Court justice, but her roots in the Cuban-American community could make her an attractive choice for President Trump" (NYT).Ms. Lagoa represented a relative of a 5-year-old boy found off the Florida coast after his mother had drowned trying to cross over from Cuba. His name was Elián González. Federal agents would eventually seize Elián and ...
Tags: Florida, Hollywood, Supreme Court, Law, Congress, Joe Biden, Atlantic, United States, Miami, Cuba, Fidel Castro, Donald Trump, Gore, Trump, South Florida, Moore

Morning Docket: 09.21.20

* Dr. Dre's estranged wife has filed a lawsuit claiming she co-owns the trademark to his name. Maybe she owns the "Dr." part... [Yahoo News] * Julian Assange was allegedly offered a presidential pardon in exchange for revealing the source of leaked Democratic National Committee emails. [Bloomberg Law] * A Florida attorney is in hot water over allegedly misappropriating client funds. [Daily Business Review] * An attorney has apparently gone from making $700,000 a year to $30,000 a year as a...
Tags: Amazon, Florida, Law, Washington Post, Dnc, Julian Assange, Dr. Dre, Trump, Dre, Democratic National Committee, Yahoo News, Connecticut Law Tribune, Morning Docket, Bloomberg Law, Tiktok, Jullian Assange

If Trump nominates Barbara Lagoa to replace RBG, will Democrats make the "second Latina" argument? I see 2 big problems!

"An effort to install a second Latina on the high court would immediately raise the stakes of a nomination fight that quickly became a clash over principles of fairness and democratic legitimacy."I just wanted to isolate that sentence, which appears in the middle of a Washington Post article by Isaac Stanley-Becker and Aaron C. Davis and called "Barbara Lagoa, Cuban American judge, rises on Trump’s Supreme Court list as allies emphasize Florida campaign edge."First, I see that word "install," wh...
Tags: Florida, Law, Washington Post, Miami, Bronx, Cuba, Ruth Bader Ginsburg, Puerto Rico, Trump, Sonia Sotomayor, Latina, Aaron C Davis, Ann Althouse, Unconvincing Arguments, Diversity Politics, RBG

Study: Private prisons result in more inmates, longer sentences

After adopting strict sentencing laws in the '80s and '90s, many states have turned to for-profit prisons to handle growing prison populations. A new study in Labour Economics found that privately-run prisons correlate with a rise in incarceration rates and sentence lengths. While evidence is mixed, private prisons do not appear to improve recidivism or cost less than state-run facilities. The '80s and '90s witnessed a rash of strict sentencing laws. Voters who lived through the rise of violen...
Tags: Corruption, Florida, Politics, Crime, Minnesota, Prison, Law, Government, Reagan, Pennsylvania, United States, Innovation, Oklahoma, Criminal Justice, Justice System, Labour Economics

Morning Docket: 09.18.20

* Nicki Minaj has scored a win in a lawsuit alleging that one of her songs infringed on another artist's copyright. Hope there were live performances at the motion hearing... [Vulture] * If you ever wanted to know the amazing story of New York personal injury powerhouse Cellino and Barnes, check out this article...and listen to the jingle. [Intelligencer] * InfoWars founder Alex Jones has been denied a delay in a defamation lawsuit stemming from Jones' statements about the Sandy Hook shooti...
Tags: Florida, New York, Law, Nicki Minaj, Nbc News, UPS, Imdb, Jones, Alex Jones, Barnes, Cellino, Eric Trump, Infowars, Morning Docket, New York Attorney General, Cellino & Barnes

Finding a silver lining in new report on Prez Trump's disappointing nominees to US Sentencing Commission

The Marshall Project has this new mostly depressing article about the troubling slate of US Sentencing Commission nominees announced by Prez Trump last month (basics here).  Even the headline of the piece, "Before Election, Trump Tries To Stack Prison-Sentencing Agency With Right Wing Allies," is telling and depressing since the US Sentencing Commission should be a whole lot more than a "Prison-Sentencing Agency" even though this is a disconcertingly fitting descriptor.  In any event, ever eager...
Tags: Utah, Florida, Law, Kentucky, Senate, Virginia, US, Reagan, Pennsylvania, Gop, Iowa, Chuck Grassley, Mitch McConnell, Graham, Beltway, Mike Lee

Morning Docket: 09.15.20

* A Florida city has repealed an ordinance against saggy pants over claims that the law unfairly targeted people of color. [Fox News] * An Iowa lawyer, who transferred a case to another lawyer without client consent, has been suspended from practice. [Bloomberg Law] * The Mayor of Rochester, New York has fired the city's police chief and suspended the Rochester City Attorney over the death of Daniel Prude. [Hill] * The Wisconsin Supreme Court has ruled that the Green Party will be off the p...
Tags: Florida, Law, Netflix, Iowa, Wisconsin, Nebraska, Fox News, Green Party, Rochester, ABA Journal, Lincoln Journal Star, Rochester New York, Wisconsin Supreme Court, Morning Docket, Bloomberg Law, Cuties

A Closer Look at a Troubling Anti-Scraping Ruling from Spring–Compulife Software v. Newman (Guest Blog Post)

by guest blogger Kieran McCarthy Compulife Software, Inc. v. Newman is the first circuit court case in more than half a decade to expand liability for web scrapers under state and federal law. The two most recent circuit court opinions that addressed web scraping–hiQ Labs, Inc. v. LinkedIn Corp. a decision from the Ninth Circuit in 2019, and Sandvig v. Barr, a 2020 case out of the DC Circuit—both significantly limited the scope of liability for web scraping under federal law. Both of those cases...
Tags: Florida, Law, Court, Copyright, Trade Secrets, Newman, Christopher, Ninth Circuit, Barr, Eleventh Circuit, CFAA, DC Circuit, LinkedIn Corp, Trespass to Chattels, Kieran McCarthy, hiQ Labs Inc

SCOTUStalk heads to the ballot box: The Supreme Court and the 2020 election

Ever since Bush v. Gore, the case that effectively decided the 2000 presidential race, the Supreme Court increasingly has been asked to intervene in fraught disputes over election procedures. Add in a pandemic, and the 2020 election season promises to be unprecedented. This week on SCOTUStalk, SCOTUSblog’s social media editor, Katie Barlow, joins Amy Howe to break down the court’s influence on the election. They survey major election-related rulings the justices have already handed down this sum...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Alabama, New Jersey, Wisconsin, Michigan, Nevada, Biden, Rhode Island, Gore, Trump, Bush

Morning Docket: 09.11.20

* Lindsay Lohan is being sued by a publisher for collecting her $365,000 advance and never writing an autobiography. When she writes the book, hope she explains why there was never a sequel to "Mean Girls"... [USA Today] * A Florida attorney was allegedly killed by his son earlier this week in an apparent murder-suicide. [New York Daily News] * Parents for a Northeastern University student who was suspended for breaking anti-COVID-19 measures have lawyered up. [Boston Globe] * Federal prose...
Tags: Florida, Law, Arnold Schwarzenegger, Abc News, Lindsay Lohan, ABA Journal, New York Daily News, Boston Globe, Northeastern University, Northeastern, Ghislaine Maxwell, Morning Docket, Kindergarten Cop, COVID-19

Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims

    The Eleventh Circuit vacated the district court's grant of summary judgment to the insurer finding there was no duty to defend. Southern-Owners Ins. Co. v. Mac Contractors of Florida, LLC , 2020 U.S. App. LEXIS 23918 (11th Cir. July 29, 2020).      Mac Contractors entered into a contract with homeowners to serve as general contractor for the construction of a custom residence. Problems arose during construction and Mac eventually led the job site before completing the project. The home owne...
Tags: Florida, Mac, Insurance, Eleventh Circuit, Comprehensive General Liability, Construction Defects, Duty to Defend, Tred Eyerly, Business Risk Exclusions, MAC MAC, United States Fire Ins Co, Southern Owners Ins Co, Southern Owners, Mac Contractors, Eleventh Circuit Vacates District Court, Mac Contractors of Florida LLC

"The Many Roads to Reintegration: A 50-State Report on Laws Restoring Rights and Opportunities After Arrest or Conviction"

The title of this post is the title of by Margaret Love and David Schlussel of the Collateral Consequences Resource Center. The report, among other valuable elements, provides a "National Ranking of Restoration Laws" for all states and DC. Here is part of the 100+ page report's executive summary: This report sets out to describe the present landscape of laws in the United States aimed at restoring rights and opportunities after an arrest or conviction. This is an update and refresh of our pre...
Tags: Florida, Law, United States, Legislatures, Douglas A Berman, Institute of Justice, Margaret Love, National Employment Law Project, David Schlussel, American Justice

Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. –Adler v. Reyes & Adler v. McNeil

Competitive keyword advertising lawsuits are still stupid, and they are still typically doomed in court. This is especially true in keyword advertising disputes between rival lawyers, something that I spoke out against in 2016. Despite that, one of these two companion cases survives a motion to dismiss, which might slightly encourage plaintiffs. Note that it took a combination of very specific facts and a sympathetic judge relying on very old law just to get past a motion to dismiss. YMMV. Adler...
Tags: Google, Amazon, Florida, Law, California, Marketing, Search Engines, Dallas, Trademark, BPI, Ftc, South Florida, Florida Bar, Moore, Reyes, Greenberg

"As the mail-in ballots are tallied, the Trump leads erode. But the situation is genuinely unclear. Trump is on the warpath, raging about fraud."

"Within weeks there are lawsuits and challenges everywhere. It’s like Florida in 2000, but the chaos is happening in many states at once. Ballots are getting tossed because of problems with signatures, or not getting tossed, amid national frenzy. Trump says he won’t let Democrats steal the election and declares himself re-elected.... It turns out, amid the existential crisis, there really is a group of sober people who are militant about America, who can see reality unblinkered by the lens of pa...
Tags: David Brooks, Florida, Law, America, Trump, Ann Althouse, Partisanship, Trump 2020, 2020 Campaign, National Nervous Breakdown

Florida Rejects Diploma Privilege

The Florida Supreme Court rejected a plea to change its rules to permit bar admission based on a law school diploma due to the pandemic's impact on the bar examination Petitioners, now, ask the Court to adopt emergency rules that... [Author: Legal Profession Prof]
Tags: Florida, Law, Court, Florida Supreme Court, Legal Profession Prof, Bar Discipline & Process

Conditional Admission In Florida

The Florida Supreme Court adopted a proposal to remove "conditional" admission as a separate class of Bar membership The proposed amendments reorient how the Bar treats members with a history of drug, alcohol, or psychological issues that are admitted to... [Author: Legal Profession Prof]
Tags: Florida, Law, Florida Supreme Court, Legal Profession Prof, Bar Discipline & Process

Thursday round-up

Briefly: In USA Today, Richard Wolf reports that the Supreme Court’s landmark ruling in Bostock v. Clayton County — which held that Title VII of the Civil Rights Act protects LGBTQ workers — is already having broad ramifications in other litigation involving claims of discrimination against transgender people. “In recent weeks, federal judges from New York to Florida to Idaho have cited the Supreme Court’s ruling to justify expanding transgender rights beyond the workplace,” Wolf writes. At Rea...
Tags: Florida, Usa, New York, Supreme Court, Law, Idaho, Round-up, Wolf, Weyerhaeuser, Richard Wolf, Clayton County, U S Fish Wildlife Service, Brian Gregg, Bostock

Effective and timely review of the state of disenfranchisement for those with criminal convictions

This lengthy new Stateline piece, headlined "More People With Felony Convictions Can Vote, but Roadblocks Remain," provides an effective review of the realities of felon disenfranchisement circa 2020. I recommend the full piece and here are excerpts: In every state except Maine and Vermont, people convicted of felonies are stripped of their voting rights while in prison. In most states, that ban extends to those on probation or parole, while some states have additional time and fee requirements...
Tags: Florida, Law, California, Washington, Kentucky, Virginia, Gop, Hillary Clinton, Maine, Iowa, Connecticut, Donald Trump, Vermont, Hawkeye, Commonwealth, U S Supreme Court

The rise and fall of the suburb: How a reflection of the American Dream turned 'bland' — and why the homes just kept getting bigger

Tomas Winz/Getty Images Jason Diamond is a Brooklyn-based writer and editor. The following is an excerpt from his new book, "The Sprawl: Reconsidering the Weird American Suburbs."In it, he discusses the rise of suburbs in the US, and its transformation from its post-war, classically American roots into a hub of diverse groups. As more baby boomers grew successful in a healthy economy, "the narrative changed," he said. Traditions were rejected, suburbs turned bland, and homes got bigger. Th...
Tags: Europe, Florida, Real Estate, US, Careers, America, Trends, Strategy, Society, Culture, Brooklyn, Homes, Chicagoland, Illinois, Excerpt, Suburbs

Morning Docket: 08.28.20

* Florida's Supreme Court says Governor DeSantis overstepped his authority when appointing a jurist to the Supreme Court who wasn't admitted to the Florida bar for the required 10 years. Seems like this should have come up in a background check... [Hill] * Seventy-four people are now facing federal charges for protests in Portland, Oregon, that took place after the death of George Floyd. [Los Angeles Times] * A top ethics lawyer at the Bush Administration is calling for an ethics investigati...
Tags: Florida, Supreme Court, Law, New York Times, Portland, Portland Oregon, Los Angeles Times, Kenosha, Bush, Florida Supreme Court, Kenosha Wisconsin, Mike Pompeo, Bush Administration, Morning Docket, DeSantis, Florida s Supreme Court

Resigned To Fate

The New York Appellate Division for the Third Judicial Department has imposed reciprocal discipline for sanctions imposed in Florida Turning to the issue of the appropriate disciplinary sanction, the unchallenged findings reflect respondent's pattern of dishonest, discourteous and unprofessional conduct... [Author: Legal Profession Prof]
Tags: Florida, Law, Legal Profession Prof, Bar Discipline & Process, New York Appellate Division, Third Judicial Department

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