Hand-Pulled Noodle Update: And the Chow Goes On!

Will we ever see an end to the hand-pulled noodle contretemps?

This case has seen some of my favorite lawyers leave (Alan, Lyle), new ones brought in (Curt), yet the Chow goes on.

After next to no activity since March, the parties now want to stretch the noodle even further, asking Judge Hoeveler to continue the pre-trial conference to January 2012!

In the words of the immortal Carol Leifer, whose very funny, very hamisher short-lived WB show was way ahead of its time, Alright Already!!

I have the feeling this case will outlast all the restaurants involved.

Oh well, again with the rain -- stay dry, mespucha!

(Wow, I have officially become my grandparents.)

Alan Kluger vs. Marc Randazza in Anonymous Blogger Free Speech Fight!

I've not been shy in my admiration for the clever, snarky wit and attendant legal and writing skills of internet warrior/trailblazer Marc Randazza.

(Note to Surfside city attorney Lynn "Rage Against the Bloggers" Dannheiser -- your hilarious funny confusing Marc with the Italian place Randazzo's in the Gables remains a kneeslapper -- keep 'em coming!)

As Popehat documents, it is also a fact that Marc happens to find himself in the middle of lots and lots of interesting cases.

Marc's latest finds him before Judge Cooke in an important battle to preserve the rights of citizen journalists to blog anonymously -- does that sound too high-faluting for the kind of crap that passes for content here on this humble, time waster of a blog?

Yes, it does.

(Tim Elfrink provides all the background here).

But Marc eloquently lays out the larger principles involved in his motion to dismiss:

Plaintiffs, a series of real estate holding and management companies, and their directors,
accuse DOE of publishing defamatory statements concerning their business practices and other dealings through Google's Blogger service. Blogger is a service that allows users to create their own web blogs, or "blogs," on which they can express their opinions on numerous issues. Some blogs are general interest, while others may address specific, local issues, such as problems within a community, political matters, or topics of concern to consumers. Users of Blogger who create content - themselves known as "bloggers" - have the option of publishing their writings anonymously, as DOE has done in this case. Plaintiffs sued DOE for alleged defamatory material in a blog located at www.rkassociatesusa.blogspot.com and for false advertising under the Lanham Act 15 U.S.C. 1125(a).1 Plaintiffs have subpoenaed Google for its records relating to DOE in an
effort to learn his true identity. Plaintiffs' request is improper, and implicates fundamental Constitutional protections.

Free speech is a central Constitutional value, and one of great historical significance. The Federalist Papers, for instance, were all written anonymously while being pointedly critical of the policies and leaders many people championed during America's move toward adopting a written constitution. The United States Supreme Court has further sanctified anonymous speech in an honest and open society through decisions including McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995) and Talley v. California, 362 U.S. 60 (1960). See also City of Ladue v. Gilleo, 512 U.S. 43, 56 (1994) (noting that "the identity of the speaker is an important component of many attempts to persuade").

With these principles as a backdrop, courts have grappled with the First Amendment significance of subpoenas used to unmask anonymous speakers who speak via the internet on message boards, review services and other forums. Here, Plaintiffs' Complaint demonstrates no basis upon which a defamation or false advertising action can proceed, and they have not made the required prima facie showings.

Marc's adversary is longtime fave Alan Kluger, ably assisted by Todd Levine, who warned Tim over at New Times to be very very careful -- did I mention careful? about what he writes concerning the case: 

In the meantime, Levine has strong words for anyone who would consider writing about Katz's lawsuit. "I'd ask you not to publish anything about this," he says. "Even pointing people toward that blog could constitute further defamation."

How precisely?

Or will that just lead to another interesting Randazza defense?

Alan's vigorous response to the motion to dismiss is here, in which he describes Marc's argument as "specious" and his client's blog postings as "vile and defamatory per se."

To which I simply say -- carry on gentlemen, the yacht case can't continue forever!

Who is the Mystery Lawyer From South Florida Known as "Tiki Al"?

There is a Miami lawyer named "Al," hanging out at Fort Lauderdale's legendary Mai-Kai, who is hopelessly, shamelessly addicted to 50s era Polynesian kitsch:

But during the Hukilau in June, everything's pumped up a notch.

That's when Fort Lauderdale gets the vintage-clad crowds, cocktail seminars, tiki vendors galore and a constant soundtrack of retro surf and lounge music. During a recent Hukilau, DJ Lounge - aka Laura Taylor - conjured a bubbly Barbarella world, while the Stolen Idols - fronted by her husband, Drew Farmer - played lush jazz "exotica". My wife, in her tallest go-go boots, stomped and bent to Los Straitjackets' hyperactive renditions of King of the Surf, Sleepwalk and The Magnificent Seven. "You know what this tiki culture is?" a Miami lawyer friend, Al, asks during an introspective moment by the pool. "I think it's like goth for middle-aged people."

Oy vez rock-a-hula baby!

Who could this mystery "Al" be?

Hmm, I have no basis at all to suggest this, but could it possibly be Al Cardenas?

Alan Kluger?

Alan Fertel?

C'mon people, help me out here!

(Someone has suggested A[..]lberto Jordan but I can't confirm that at this time.)

BREAKING -- Massive Snow Storm Paralyzes Nation; Alan Kluger Reacts!

Herald reporters Doug Hanks and Hannah Sampson and I must think alike.

When I saw footage and read reports of the ferocious life-threatening winter storm barreling across the nation, closing icy snow-covered roads, downing power lines, crippling air travel and endangering hundreds of thousands of people across the United States, my first thought was:  how does all this impact Alan Kluger?

Fortunately, Doug and Hannah felt the same way:

Alan Kluger, founder of the Miami law firm Kluger Kaplan, spent Tuesday shuffling his calendar this week. He expected to be in Manhattan for client meetings. Instead, they're coming to him.

``A bunch of my New York clients, they came down to their houses in Boca,'' Kluger said Tuesday. ``They said: `I'm getting out.' I have a meeting in Boca tomorrow and one on Thursday.''

Good lord -- Alan had to shuffle his calendar (ed. note: actually, his secretary probably did this) and now has to hold a few meetings in Boca.

Did you hear me -- I said Boca!

Memo to crybabies in Egypt:  You're not the only ones with problems, ok?

(Oh I kid Alan, it's not his fault the Herald went to him for a quote on the storm, but seriously -- why go to Alan for a quote on the storm?)

Hand-Pulled Noodle Case Slowly Unraveling.

Longtime readers know we have been tracking Mr. Chow's long hand-pulled noodle-like passage through the SD FL for some time now.

There have been several substitutions in the cast of characters fondling handling this matter.

Now it appears the defendants may be running out of money; at a minimum they have run out of Richman Greer's good counsel, as that firm has recently withdrawn from the case.

Methinks all is not well in noodle-land.