Citrus Canker -- The Case That Will Never End.

Anyone remember citrus canker?

I can barely remember neighborhood citrus trees, but then I got a voucher at Wal-Mart and wound up purchasing old Adam Sandler movies instead of replanting all my lost tangelo trees.

Now that's what I call high quality H2O!

Anyways, after nearly a decade of wasting taxpayer money on Don Quixote-like legal hail marys, pointless trials and fruitless appeals, the Florida AG's office has found one last place to hide:

The Florida Department of Agriculture, facing current and potential jury awards of tens of millions of dollars, says state law allows it to avoid paying judgments over actions taken to protect public health, safety and welfare, unless the Legislature appropriates the money. And the agency has no plans to make that request.

Hmm, government takings of private property without compensation, taxpayer money wasted on outside legal fees, and jury verdicts undone by legal subterfuge -- where's Rick Scott when you need him?

(On second thought, strike that.)

Checking Overdraft Cases Thrown into Turmoil!

We've previously reported on the numerous orders entered by Judge King finding various banks' arbitration clauses to be unconscionable.

Those orders are now highly suspect in light of the Supreme Court's Concepcion opinion last week.

Already the 11th Circuit has vacated at least five of these orders:

After oral argument in this case, the United States Supreme Court decided AT&T Mobility LLC v. Conception, No. 09-893, 2011 WL 1561956 (April 27, 2011). The district court’s order denying the motion to compel arbitration is VACATED, and this case is remanded to the district court for reconsideration in light of the Supreme Court’s opinion.

And Wells Fargo immediately moved before Judge King to have the case against it dismissed for lack of jurisdiction.

How this will impact the $410 million BoA settlement announced back in February is anyone's guess.

Taxpayers Continue to Pay Lawyers to Defend Citrus Canker Debacle.

It's hard to describe exactly why I find the state's continued defense of its disastrous citrus canker eradication program so irksome.

Was it the program in the first place, so badly designed, industry-skewed, poorly managed and enforced, and which only succeeded in eradicating a way of life for many of us who grew up in South Florida enjoying the abundant fruit on every street corner and every backyard?

Was it the way the state wasted millions of taxpayer dollars paying private lawyers to take untenable legal positions and engage in "scorched earth" litigation tactics that only managed to hurt the citizens they were entrusted to defend?

Is it the pointless waste of judicial resources, forcing jurors, experts, judges, and precious time and money to be spent trying the same issues over and over again in county after county?

Whatever it is, the madness needs to end.

Consider the exceedingly narrow playing field carved out by the state in the latest citrus canker case going to trial in Palm Beach:

“It’s better to have a short citrus tree. You get more fruit, and it’s easier to get to,” Parsons said.

How f&*%ing inane! 

Seriously, is anyone even piloting this ship???

BREAKING -- BoA Checking Overdraft Settles HUGE!

Good to see all that TARP money going to a good place:

Plaintiffs and Bank of America, N.A., through their respective undersigned counsel, hereby notify the Court that on or around January 27, 2011, they executed a Memorandum of Understanding evidencing an agreement in principle, under which Bank of America will pay the total sum of four hundred ten million and 00/100 dollars ($410,000,000.00) in exchange for a full and complete release of all claims brought against Bank of America in this multidistrict litigation.

Aaron, your timing is impeccable as always.

Bobby Gilbert Leaves Alters for Grossman Roth.

Gilbert Grossman Roth

The turmoil at Jeremy Alters' firm continues as class action litigator Bobby Gilbert is apparently leaving for PI powerhouse Grossman Roth.

This according to Judge King who is supervising the checking overdraft MDL, and who entered an order noting Gilbert's move to his new firm, creating a new position for Bobby as "Coordinating Counsel" and appointing Grossman Roth to the plaintiff's executive committee.

The Court also appointed war horse (ed. note -- this is a compliment!) Aaron Podhurst to serve as co-lead counsel with Bruce Rogow.

Congrats on the move Bobby!

State Thinks Blowing Millions in Fees and Losing Millions in Damages Means They Won!

You gotta love litigating against the state -- it's like fighting with a headless chicken:  there's no one in charge, no one accountable, no one making "hard" decisions that involve long-term thinking, and absolutely -- and I mean absolutely -- no one counting the money.

That's how you can wind up with this absurd decision by the 4th DCA, which the DBR reports on here,  where the court actually has to explain to the state that spending tons of money trying and losing the citrus canker case does not mean that the state somehow "won" and that they therefore are entitled to -- of all things -- fees(!):

We find the Department’s arguments to be frivolous. No matter how one looks at the facts, the owners prevailed on the significant issues. The mere fact that the owners sought more in damages than the jury awarded does not mean that they did not prevail on both issues of liability and damages.

 This is mind-numbingly stupid.

In fact, I can't even begin to put in words how asinine this argument is and that the state actually went ahead and paid Wes Parsons good taxpayer money to take it all the way up on appeal.

God I gotta do something to calm down and take my mind off this drivel: 

Ok, it's working -- I'm starting to feel better now.