Florida and Disney Bury the Hatchets
Southern District of Florida Blog
by John R. Byrne
23h ago
By John R. Byrne Disney and the State of Florida appear to have buried their respective hatchets. As we noted in a post a few months ago, Florida prevailed over Disney in a federal lawsuit arising out of the Northern District of Florida that had accused the State of retaliating against Disney for speaking out against Gov. DeSantis and certain legislation passed by the State. Disney has pressed pause on its appeal of that ruling. And now, in a settlement announced yesterday, Disney and Florida have resolved state court litigation between the parties. The Herald covers it here.  The Herald ..read more
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So you want to be a Magistrate Judge?
Southern District of Florida Blog
by David Oscar Markus
2d ago
 Well, the court is soliciting applicants for the two open spots.  A bulk email went out this morning: The Judicial Conference of the United States has authorized the appointment of two full-time United States Magistrate Judges for the Southern District of Florida at Miami, Florida.  These appointments will succeed incumbents who were confirmed as United States District Judges.  The term of office is eight years. A full public notice is posted on the Court's website at:  https://www.flsd.uscourts.gov/. Interested persons may contact the Clerk of the District Court for ..read more
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It's all about the Benjamins baby
Southern District of Florida Blog
by David Oscar Markus
4d ago
 The Feds just raided Diddy's home in Miami, according to the Miami Herald. Federal agents raided the Miami area home of rap mogul Sean Combs, better known as Diddy, reports say. Diddy owns a residence at 1 Star Island, which was previously owned by Gloria and Emilio Estefan and Diddy purchased for $35 million in 2021. The raid came weeks after a lawsuit alleged that Diddy was the leader of a criminal enterprise that could qualify as a “widespread and dangerous criminal sex trafficking organization ..read more
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"Reading the Constitution: Why I Chose Pragmatism, Not Textualism."
Southern District of Florida Blog
by David Oscar Markus
5d ago
 That's the title of Justice Breyer's new book, and he's making the rounds promoting it.  This morning he was on Meet The Press.  Here's the NBC report: Former Justice Stephen Breyer described the 2022 leak of the Supreme Court’s decision to overturn Roe v. Wade as “unfortunate” and sidestepped questions about whether justices had been working on a compromise ruling behind the scenes. In an interview with NBC News' "Meet the Press," Breyer didn't say he was upset about the leak while noting that in general he tried to "avoid getting angry" when he was on the bench. "You try to ..read more
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Guest Post by Mark Royero – McElrath v. Georgia (2024)
Southern District of Florida Blog
by David Oscar Markus
1w ago
Can’t Touch This: SCOTUS Unanimously Decides That Inconsistent Acquittals Bar Retrial.                  First, thank you to David Oscar Markus and John R. Bryne for allowing me to submit this guest post. This post will cover the Supreme Court’s recent opinion in McElrath v. Georgia, the Court’s latest decision regarding the Double Jeopardy Clause and inconsistent verdicts. This issue was the subject of the 2024 Gibbons National Criminal Procedure Moot Court Competition, where my partner Kaitlin Prece and I represen ..read more
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What's going on with Judge Cannon's law clerks?
Southern District of Florida Blog
by David Oscar Markus
1w ago
 The legal community is abuzz with this David Lat report that two of Judge Cannon's law clerks have resigned: Judge Cannon has had at least two law clerks quit on her, according to multiple sources—including individuals who serve in the U.S. District Court for the Southern District of Florida, where she sits. *** What does Judge Cannon have to say about clerks quitting on her? Over the past few days, I have sent multiple emails to the Public Information Office for the Southern District of Florida and to Judge Cannon’s chambers, requesting comment on reports that at least two of her clerks ..read more
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BREAKING -- Detra Shaw-Wilder nominated to district bench
Southern District of Florida Blog
by David Oscar Markus
1w ago
 CONGRATULATIONS. Here's the WH Press Release: Detra Shaw-Wilder has been an attorney in private practice at Kozyak Tropin & Throckmorton in Coral Gables, Florida since 1994, rising from associate to partner. From 2015 to 2017, Ms. Shaw-Wilder was managing partner of the firm and has served as general counsel for the firm since 2017. She received her J.D. from the University of Miami School of Law in 1994 and her B.S. from the University of Florida in 1990 ..read more
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A New Hope
Southern District of Florida Blog
by David Oscar Markus
1w ago
 You may remember the case of Irfan Khan.  He was indicted back in 2011 to a lot of publicity about terrorism charges (mostly as a result of numerous press conferences that the U.S. Attorney's office held).  His lawyers, the great Michael Caruso and wonderful Sowmya Bharathi, repeatedly said he was innocent.  And yet he was detained because the prosecutors beat the terrorism drum.   Turns out, his lawyers were right -- Khan was innocent.  Before trial, the government dropped all charges. Khan sued, saying there was no probable cause and that the prosecution w ..read more
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Trump sues ABC and George Stephanopoulos
Southern District of Florida Blog
by David Oscar Markus
1w ago
The Complaint is available at this link. The case has been assigned to Chief Judge Altonaga.  Lisa Willis, from the DBR, covers the lawsuit here: Former President Donald Trump sued ABC and network host George Stephanopoulos on Monday in Miami federal court after Stephanopoulos said on the air the former U.S. president had been found liable for rape. Trump’s Miami legal team plans to prove the statements were defamatory. “President Trump was never found liable for rape,” said Alejandro “Alex” Brito, of Brito PLLC. Brito’s firm filed the defamation lawsuit in the Southern District of Flo ..read more
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Missing Justice Scalia
Southern District of Florida Blog
by David Oscar Markus
1w ago
 SCOTUS ruled that "and" means "or." Even the 11th Circuit held that and means and. The Supreme Court case is Pulsifer and it demonstrates that today's Court is one of the most prosecution friendly in a long long time.  I'm sure Scalia would have ruled for the defendant here and I bet he would have carried a majority.   Instead, Justice Kagan takes the government's position that and means or, which is pretty devastating to thousands of prisoners who would have received relief under the First Step Act.  Justice Gorsuch, who is trying to take over the Scalia mantle ..read more
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