Hi kids it’s almost New Year’s and the Resplendently Robed Ones have brought out the noisemakers, the legal-in-three-States fireworks, and the heavily swilled, heavily spiked coffee as we launch into this very special holiday edition of 3d DCA Watch:
Morrissette v. NCL:
This case involves someone who may or may not be related to Alanis Morissette.
Nothing else about this opinion is notable.
Valdes v. Optimist Club:
We’re finally seeing some pull-back in the expansion of the preemption doctrine during the Bush Years. This well-reasoned opinion by Judge Ramirez seeks to align Florida law with the Supreme Court’s recent Wyeth decision.
(Added one more New Year’s resolution — stay away from Tylenol Cold.)
Laquer v. Convergency Plaza:
Hey, once you waive arbitration, you waive it forever.
Industrial Affiliates v. Fish:
“For reasons unknown” Judge Schwartz seems a little ticked at Circuit Court Appellate Division Judges Scott Bernstein, Mindy Glazer, and Maria Espinoza Dennis:
For reasons unknown, the circuit court, appellate division, per curiam denied review of a final order of the Miami-Dade County Equal Opportunity Board awarding damages to the employee, Ms. Fish, in an alleged employment discrimination case.
I know, I hate it when appellate courts just enter per curiams, I mean what kind of lazy slackers do that on a regular basis…..oh, never mind.Judge Schwartz concludes:
The decision under review therefore represents a clear departure from the essential requirements of the law resulting in a miscarriage of justice and is therefore quashed.
He added, “auld lang syne and Happy New Year!”