The inevitable lawsuits over the tragedy in Surfside have been assigned to Judge Michael Hanzman. And because there is no civil blog, we sometimes have to hold our nose and do double duty. It's better than going to Broward for a case (see yesterday's post).
After first handling a fracas over a feline, covered by ace Herald Reporter David Ovalle on his Twitter feed @DavidOvalle305 in which a woman petitioned Hanzman to stop the demolition of the tower so she could rescue her cat- only to find out the woman did not live in the building and was what we call in the law an "Amicus Feline" (literally "friend of the cat") Hanzman denied the motion, and presumably Fluffy is on her/his second life.
In Wednesday's Herald, here, Jay Weaver covered a hearing in which at least fifty civil lawyers crowded into some courtroom (presumably not at 73 West Flagler - the courthouse on the verge of collapse) to hear Hanzman rule on how the cases will proceed.
First up was the appointment of a steering committee for the class action that was filed. Second was Hanzman warning the lawyers that he would NOT be approving a contingency payment to the lawyers and that at the end of the case he would CONSIDER authorizing payments to the lawyers at an hourly rate and reimbursing them for costs. For a Judge who came from the civil community where he was known as one of the best and most successful and experienced lawyers handling class action suits, the ruling was a bit surprising. So these lawyers now have to work and expend money on costs without knowing if they will be paid at all for their time and reimbursed for costs which could be considerable.
Third on the list was the Judge fast-tracking the lawsuit, including approving the court appointed receiver's decision to place the property up for sale- initial asking price north of 100 million. There is another 48 million in insurance coverage, so it looks like the Court will overseeing distributions to survivors and next of kin of over 150 million dollars. It is a lot of money until you factor in that there are more than 150 victims.
A group of crows is called "a murder". What do you call a group of civil lawyers watching a collective 50 million contingency fee disappear in a puff of judicial smoke?
"Friend of the cat" brief! Rumpole you are the best.
ReplyDeleteRead the blog every day- my clerks turned me on to it.
ReplyDeleteThe Captain Reports:
COVID-19 ADVISORY #91
SELF-MONITORING NOTICE
Four individuals who worked in the locations and on the dates listed below have tested positive for COVID-19.
Persons identified as having been in close proximity to the confirmed individuals are being notified and will be asked to take all necessary precautions.
Individual #1:
Richard E. Gerstein Justice Building, 1351 NW 12 St.:
Courtroom 2-2 on 6/28/2021 to 7/13/2021
Room 204 on 6/28/2021 to 7/13/2021
Last date worked: 7/13/2021
Individual #2:
Richard E. Gerstein Justice Building, 1351 NW 12 St.:
Courtroom 6-1 on 6/28/2021 to 7/13/2021
Room 625 on 6/28/2021 to 7/13/2021
Individual #3:
Lawson E. Thomas Courthouse Center, 175 NW 1st Ave.:
Room 1540
Room 2025
Last date worked: 7/11/2021
Individual #4:
Lawson E. Thomas Courthouse Center, 175 NW 1st Ave.:
Room 2441 on 6/28/2021 to 7/2/2021
Room 3022 on 7/1/2021 to 7/2/2021
South Dade Justice Center, 10710 SW 211 St.:
Room 1307 on 7/1/2021
Last date worked: 7/2/2021
Persons who were in these locations recently should follow the guidelines outlined in the Centers for Disease Control website at: https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/quarantine.html
Cap Out …..
Hanzman is really doing an amazing job setting the tone right away and putting the victims first. No doubt there are lots of competing needs and delicate balances to strike but he seems to be putting on a clinic on how to run a complex case.
ReplyDeleteRumpole, a question for you. CNN reports that Congresswoman Joyce Beatty, head of the Congressional Black Caucus was arrested Thursday inside the Senate Hart Office Building with 12 others in a rally for voters rights. Besides the Constitutional prohibition of arresting members if Congress on their way to/ from Congress and in Congress, does she as a member of Congress have a right to be I a Congressional office building? How can she ordered out of a congressional office building by capitol police at a place she has a constitutional right to be?
ReplyDeleteSir Wilfred
There is no good reason why a judge should have approved the sale of the tragic site of the Surfside Condo collapse on a fast track to resolve restitution to the victims and their families. The site has not even had a chance to rest and is still considered a crime scene! The structural engineer that was hired by Surfside to investigate the collapse has not even been allowed to collect samples of concrete from the debris.
ReplyDeleteWhat needs to happen: Stop or repeal the decision to sell the land on which the Champlain Towers South once stood only a couple short weeks ago before collapsing and killing close to a numbered 100 victims so far, some still unaccounted for and some not officially identified.
The BEST result would be for the victims and their families to be able to rebuild a condominium complex on the land they currently own, not sell it off so quickly so a random developer can profit off the tragedy. The owners need to be able to use insurance money to rebuilt it, then have the opportunity to sell off units to compensate victims and their family members in the tune of the same amount of money that the condominium complex next door is drawing from the sale of its own units at 87 Park adjacent to the tragic site. Although no amount of money makes up for the personal losses, the opportunity to regain financial standing would be justice compared to selling Champlain Tower South land off to a remote investor. The owners stand to gain more compensation by retaining ownership and building anew. Who can make that happen for these people that have already suffered so gravely?
Come on.
ReplyDeleteWe need way more comments on Judge Hanzman.
We must get the JNC to move him up from County Court. It’s time.
There is something about the speed of all of this- the first lawsuit filed within 48h of the collapse, the heard of contingency lawyers, and the rushed sale of the site- that is incredibly distasteful.
ReplyDeleteBodies and parts of bodies are still being recovered while Hanzman is seeking the highest bidder?!? I can only hope that the grieving families will be given time to adjust to this new ugly reality before they are compelled to make these serious decisions.
Judge Hanzman is doing a truly unprecedented job in a truly unprecedented case. I do not believe that ever before—literally, once and literally anywhere in the country—there has been a civil trial judge more concerned about showing empathy to these victims and giving them a voice. Obviously you can never please everyone all the time, but this judge is going far far out of his way to let everyone be heard and deserves so much credit for that.
ReplyDeleteHanzman’s clearly addressing certain elephants in the room, likely because he has been in that room (on all sides) before.
ReplyDeleteIt didn’t seem like his statement that attorneys’ fees were limited/ not happening as a punitive measure, but rather as a heads-up to counsel that this isn’t going to be the case that makes them rich at the expense of the victims. Firms were clamoring to volunteer, even after he said and reiterated the point re fees. And did you see how he wrangled them and made them all play nicely together in the sandbox? Slightly amazing.
As for the sale of the building - just good reason and judgment to move expeditiously. While the idea of the building sale was approved quickly, there was nothing that was EXCLUDED. A memorial? No problem. A redeveloped building with units for former Champlain tenants? No issue there, either. Hanzman’s MO is clearly to protect the victims, I think encapsulated by what he said today. The victims have lost their homes, belongings, and in some cases lives and are not going to be put in a position to donate the value of their property for the public good. The reality here is that this is an exceptionally valuable piece of property and is key to making these people (financially, but never emotionally or physically) whole.
This is real life. The developers are circling. The governments, if not prodded, could drag their feet. The sale of the building is key to getting the victims reimbursed so they can move on in any capacity. SOMEONE is going to need to pay for all of this stuff (lawyers, property, who knows what else is coming down the pike), and it shouldn’t be the victims. Hanzman seems to be doing all of the thinking that the rest of us just want to pretend doesn’t need to happen.
Replace Judge Hanzman with a duly well qualified person like El APONTE.
ReplyDelete