Veteran Special Master in 'Florida v. Georgia' Water Dispute Discharged by Supreme Court
No matter what the reason for the U.S. Supreme Court's decision, it will reduce future litigation costs for both Florida and Georgia as the fact-finding continues.
August 10, 2018 at 10:19 AM
3 minute read
The original version of this story was published on National Law Journal
For the second time this year, the U.S. Supreme Court has abruptly discharged a lawyer in private practice who has been serving as a special master, and appointed a senior federal judge to step in and preside over a water dispute between states.
The court on Thursday issued an order stating that Portland, Maine, lawyer Ralph Lancaster Jr., who has been special master in Florida v. Georgia since November 2014, is “hereby discharged with the thanks of the court.”
Lancaster will be replaced by Paul Kelly Jr., a senior judge on the U.S. Court of Appeals for the Tenth Circuit. The 78-year-old judge, based in Santa Fe, New Mexico, took senior status last December. The court did not offer any reasons for the decision.
Lancaster, 88, has served the court as a special master for a record four times. He is of counsel at the Pierce Atwood firm, and for years, Lancaster and his late law firm partner Vincent McKusick virtually cornered the market for special masters. Lancaster did not respond to requests for comment.
The high court recruits special masters to gather facts and make recommendations in so-called original jurisdiction cases, mostly disputes over boundaries or water rights between states. The cases come to the court as matters of first, not last, resort, so there is no trial record for the justices to examine. Special masters provide that record through hearings and submissions from the parties in a process that often lasts years, if not decades.
In April the court dismissed another private practitioner who was special master in Texas v. New Mexico and Colorado, also a water dispute. A. Gregory Grimsal, a member at the firm Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, was replaced by Senior Judge Michael Melloy of the U.S. Court of Appeals for the Eighth Circuit.
In both instances, the Supreme Court had recently issued opinions that sent the disputes back to the special masters for further findings. In Florida v. Georgia, the court issued a ruling on June 27 that was viewed as a win for Florida, but remanded the case for further findings on an equitable remedy to end the dispute.
No matter what the reason for Thursday's decision, it will reduce future litigation costs for both Florida and Georgia as the fact-finding continues. Traditionally, the states involved in original jurisdiction cases share paying the legal fees of lawyers who act as special masters, though the high court foots the bill for some administrative and clerical costs.
According to the court's docket in Florida v. Georgia, the parties jointly paid Lancaster a total of $481,258 between November 2014 and April 2017, with an additional payment likely. By contrast, judges who become special masters are on the government payroll, relieving the states of having to pay special masters' fees.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: Simpson Thacher and ACLU Team To Challenge Louisiana's Ten Commandments Law
A Reporter and a Mayor: Behind the Scenes During the Eric Adams Indictment News Cycle
Even With New Business Courts, Texas Is a Long Way from Taking Delaware's Corporate Law Mantle
5 minute readTrending Stories
- 1Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 2'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 3Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
- 4As a New Year Dawns, the Value of Florida’s Revised Mediation Laws Comes Into Greater Focus
- 5Managing Partner Vindicated in Disciplinary Proceeding Brought by Former Associate
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250