Judge Cooke Denies NRA's Motion to Intervene!

You know how tea partiers want the government to get out of their lives, except when they want the government to get in the middle of the relationship between a doctor and patient, and dictate via government fiat what doctors can and can't discuss with their patients when it comes to firearms?

Well the NRA has a point of view on this (guess!) and thus want to do a little intervening of themselves, this time in the lawsuit brought by doctors over the "Firearm Owner's Privacy Law" signed into law by Governor Scott and pending before Judge Cooke.

But Judge Cooke says file an amicus, thank you very much:

The NRA seeks to defend the constitutionality of the Firearms Owner’s Privacy Law.  Governor Scott, in his official capacity, has the same objective. The NRA has not presented any evidence to suggest that Governor Scott may not adequately represent its interests.

Come on, let's have an evidentiary hearing on that!

Charlie Crist, Plaintiffs' Lawyer!

Oh heavily tanned one, you could have picked a better time what with all these silly legislative proposals your successor is kicking around, but welcome back anyways to the profession of law.

(h/t here)

Judge Gold Blasts Governor Scott on Everglades Restoration!

Judge Gold unleashes both barrels and rips Governor Scott (though he's not alone) for the State's destruction degradation "restoration" efforts to save the Everglades:

There is no possibility of reversing the damage that has been done to the Everglades, and there is only the chance to preserve what remains in its current state. This is nothing new to the parties. I have set forth the extensive procedural history of this case and litigation over the Everglades, the utmost importance of the Everglades as a national treasure, and the dire need to act immediately in my prior orders. See e.g., [ECF Nos. 323, 404]. I take this opportunity now to once again reiterate and incorporate by reference the significant efforts made in those orders to emphasize just how imperative it is for the parties to focus their efforts on making real and actual steps and act on their promises and representations. In order to effectuate this Court's prior and final orders, and to avoid allowing the parties to frustrate any opportunities to do so, I have determined that a key component of this matter through the means of the permitting procedure, must now be a focus of the EPA. To not find in this manner will simply amount to sanctioning the repeated failures of non-action by the parties.

 Order here.

Oh Rick Scott, you are truly our King Midas in Reverse.

3d DCA and 2d DCA in Conflict -- Who Shall Prevail?

Everyone loves a good conflict.  Especially a "direct conflict."

And that's just what happened when the 2d DCA got right in the grill house of the 3d, challenging the 3d's determination that you can't get fees in a wrongful death case under section 768.26 unless you file a case first.

Let's see what the Florida Supreme Court said:

Thank you, Governor Scott!  Please sir, can I have another?

Oops, that was how the Supremes groveled their way into functioning at half-staff for another couple weeks.

Boy that Scott sure is one nice fellow!

Here's how they actually ruled on the fee issue:

[W]e agree with the Second District that section 768.26 applies even in those circumstances where a wrongful death claim is settled pre-suit and disapprove the Third District’s decision in Perez to the extent that it holds that the statute does not apply where no action for wrongful death has been filed or litigated.

 Kaboom!

And here's their reasoning:

This application of the statute is consistent with the stated legislative intent that the Act be “liberally construed.” § 768.17, Fla. Stat. (2005). Additionally, this furthers the public policy favoring settlement of disputes without litigation where possible.

Who knew?

I sense heightened, nay furious activity in the gym/mechanical room as news filters down to the bunker.  Good thing those toilets are bolted down tight.

And people, please -- don't fight over the freshly donated, pre-owned Thighmaster!

Should the Florida Supreme Court Be Broken in Two?

I'd have to say my favorite period in American history is the 1930s.

You know, widespread and endemic depression, dust bowls, abject poverty, Nazi mistresses in black face, rising tensions in Europe leading to global catastrophe -- those were all good times.

Oh yeah, you also had that whole Roosevelt court-packing thing.

So that's why I'm just thrilled to see the boys in Tally growing nostalgic for those nonglory days gone by:

Rep. Cannon and his House minions want to place on the 2012 ballot a constitutional amendment that would break up the seven-member court and create two five-member high courts - one for civil cases and one for criminal cases. The court system needs lots of things, but a two-headed supreme court is not one of them. As with other big decisions, though, those who run Tallahassee are using high-minded arguments to conceal low-minded motivations.

According to the speaker's office, the change would create courts with specialists in both main areas of the law, making the system "better able to resolve cases more expeditiously."  Except that the real barriers to resolving civil cases "more expeditiously" are not at the highest level. They are at the trial level, where the increase in lawsuits and foreclosures (bad economy) and staff cuts (budget/bad economy) have jammed up the circuit and county courts. Indeed, in 2010 the Legislature appropriated $9.6 million just to deal with the foreclosure backlog.

If he really wanted to resolve civil cases "more expeditiously," Rep. Cannon, a lawyer, would not be touting a new supreme court. He would be finding money for the 80 judges statewide - five in the Palm Beach County circuit and three in the circuit that serves Martin, St. Lucie, Okeechobee and Indian River counties - that Florida Supreme Court Chief Justice Charles Canady says the system needs.

So the idea seems to be to starve the courts at the trial and appellate levels, but add more seats at the Supreme Court level (which in a stroke of luck would be appointed by the Governor)?

If the reasoning were true, why not break up the DCAs into specialized civil/crim courts as well?  Maybe we should do that with the United States Supreme Court as well, all for "efficiency's sake."

I may be mistaken, but this session seems to be producing some of the absolutely worst legislative proposals I can remember, and it's just starting.

Happy Monday!

Governor Scott Starts Returning Federal Health Care Money!

For those of you looking for a silver lining in Judge Vinson's recent health care ruling, here you go:

In the wake of U.S. District Judge Roger Vinson's ruling that the federal health care legislation is unconstitutional, Florida insurance commissioner Kevin McCarty returned a $1 million federal grant awarded to the state to assist with reforms. The money would have paid for a system to provide information to consumers on the rates of large-group insurers.

"The purpose of this letter is to inform you that after deliberate consideration, I hereby rescind the acceptance of the above-referenced $1 million rate review grant, which occurred in a letter to you dated September 15, 2010. No drawdown of any of the $1 million will occur," McCarty wrote in a letter to the director of the U.S. Department of Health and Human Services' Center for Consumer Information and Oversight. 

This is pathetic.

The court's ruling was vague as to enforcement, perhaps intentionally so.  

And it's obviously an issue in legal flux.

Why not wait for the dust to settle before you start returning monies provided pursuant to a federal statute?

This feels like cheap political theatrics at the expense of underinsured Florida consumers.

Oh hail this is way too depressing for a Friday afternoon, but I have to follow my muse, peoples (I'm paraphrasing Woody....)

Let me get some windsurfing in and see what it does to improve things, and I'll check back in later.

Williams and Connolly Attorney to Head Rick Scott Transition Team.

Are you wondering who the players are on Rick Scott's transition team?

According to Sunshine News, here they are:

On the actual committee, Floridians will find familiar names like Rep. Bill Galvano, R-Bradenton; former Lt. Gov. Toni Jennings; Sen. Paula Dockery, R-Lakeland; U.S. Sen. George LeMieux and Kathleen Shanahan from the Department of Education.

Former Miami Mayor Maurice Ferre is the only Democrat on the transition team.

Boy that's some murderer's row interesting and diverse group of fresh faces!

The transition team is headed up by Williams & Connolly attorney Enu Mainigi, a Big Pharma defense litigator based in DC.

Note to Enu -- traveling to Tally from DC can be a real pain.