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Tuesday, February 18, 2014

...WITH A LITTLE HELP FROM MY FRIENDS

This will be a short post, as pending trials and brief deadlines are all breaking with alarming frequency. 

ORAL ARGUMENT:
We've been pondering the 3rd DCA's recent announcement that they will not be liberally granting oral argument. And here's what we've concluded: it's a dangerous trend because it undermines the public's confidence in the judiciary. 
When you attend and participate in oral argument, even when it goes poorly, litigants see that the panel has read the briefs and is well versed in the facts of the case. Now an increasing number of litigants will just receive a decision in the (e)mail which will invariably lead to grumbling that the court didn't really read the briefs and relied upon clerks in reaching their decision. Appellate courts are dependent in part upon the respect the public has for the institution. Less oral arguments will lead to more criticism, which will lead to less respect. The 3rd DCA is walking down a road full of potholes. In our opinion, they would be well advised to reconsider. Not because we believe the dedicated judges will not fulfill their responsibility, but because we are one lone voice in a wilderness that can become very cold and wild quickly. Just a thought. 

ORAL FIXATIONS:
Last week came the news via a DBR article that REGJB semi-regular Jeff Feiler is hatching a scheme to sell medical marijuana franchises. Hmm....having a residence in Colorado does not an expert in medical marijuana make. Nor does having a grill and chop-meat at home qualify a person to compete with McDonalds. IF medical marijuana is approved in Florida, and IF Florida travels down the path to legalizing marijuana, then the field MAY become lucrative. And if it does, then first in does not equate to the inside path to economic success. Just ask AOL and CompuServe and see where their profits  rank vis a vis Google for instance. 

Medical Marijuana outlets are a BIG gamble. We don't see the upside as large enough to erase the risk of losing your entire investment. The bankruptcy courts are full of lawyers who thought they could compete in other businesses.  Doctors don't know beans about running restaurants. Pilots don't know how to drill for oil. Google doesn't run a hedge fund. 

Stick to what you know, otherwise the "highs" won't ever outweigh the lows. 

See You In Court, doing what we know, and doing it very very well. 



5 comments:

Anonymous said...

Chief Judge Shepherd has explained that all cases with OA requests are initially set on the calendar. Then, as the OA approaches, if the assigned panel of judges does not feel the case merits an argument (and many do not), it will remove the case from the calendar about two-weeks from argument. The Third, while being the most liberal DCA on OAs, has always removed certain "dog" cases from argument calendar. This new policy is merely a codification of an ongoing practice. The default is still to grant OA. And even if two out of three judges on the panel do not want OA, it will still happen. This new policy will not greatly reduce arguments.

Anonymous said...

FREE PUSSY RIOT

2 members of punk group Pussy Riot released

SOCHI, Russia -- Two members of the punk group Pussy Riot ran out of a police station in their trademark garish balaclavas Tuesday after being released following several hours of questioning in Sochi, the host city of the Winter Olympics.
Nadezhda Tolokonnikova and Maria Alekhina, along with seven others, were detained by police near Sochi's ferry terminal, a popular area for fans celebrating the Olympics, and taken to a police station for questioning.
Police said they were questioned in connection with a theft at the hotel where they were staying. No charges were filed.
Tolokonnikova said the detention was the latest in a series of harassments against the group since Sunday. She said they had been detained for several hours on the previous two days.

Read more here: http://www.miamiherald.com/2014/02/18/3942960/2-members-of-punk-band-pussy-riot.html#storylink=cpy

Anonymous said...

"Stick to what you know, otherwise the "highs" won't ever outweigh the lows" Sage advice for everyone... seems so simple but it is easy to forget..

Anonymous said...

Young bones groan and the rocks below say "throw your skinny body down, son"

Anonymous said...

Anyone see the front page of the Herald regarding Rock Doc? Once again, Mike Greico is attempting to scurry the issue in another flubber of his….Greico is a walking Rule 3! Insider information (or a little bit of actual "lawyering" by Greico) would have revealed that the govt.'s case sucks. Basically, there is NO link to Rock Doc! Greico should have NEVER plead out his client. But did Greico post it on his FB timeline???--- NO! He simply scurried the issue and forced another defendant to take a plea…..what a disgrace to our profession. Yes, I am a lawyer--- and I am not jealous of his lack of accomplishments. Greico needs to walk a much thinner line than what he is walking…..