More Disorder in the Court
Our courts deal with the most serious of issues every day, making what in some cases are literally life or death decisions. So you can imagine how welcome…
September 30, 2018 at 06:00 AM
4 minute read
By John G. Browning
Our courts deal with the most serious of issues every day, making what in some cases are literally life or death decisions. So you can imagine how welcome the opportunities must be to lighten up—while still doing justice. And if you don't believe me, just check out these examples.
A Complimentary Ruling
In October 2017, Maui Judge Rhonda Loo took a novel approach in sentencing Daren Young on a domestic matter. The 30-year-old had pleaded no contest to violating a protective order obtained by his ex-girlfriend, for his sending 144 “nasty” text messages and calls. So Judge Loo embraced a “teachable moment,” ordering Young to write 144 compliments about his ex-girlfriend—with no repeating of words (he also was sentenced to time already served, two years of probation, 200 hours of community service, and $2,400 in fines). For Young's sake, let's hope one of her praiseworthy traits is “a forgiving nature.”
Don't Like Jury Duty? How About More Jury Duty?
Hillsborough , Florida Circuit Court Judge William Fuente didn't borrow a page out of Judge Loo's book, but he did find a novel way to punish misbehaving juror Vishnu Singh. Singh had been picked as a juror on a sexual assault/murder trial in Fuente's court, but had to be removed after it was discovered that he had gone online to research the case—a blatant violation of the judge's instructions. But rather than impose a fine or sentence Singh to jail, Judge Fuente decided on a novel way to teach the ex-juror about the importance of jury duty. He ordered Singh to jury duty for one week per month for the next three months; if he fails to perform, he'll have to serve five days in jail. That'll teach him.
This Court Demands a Shrubbery
Monty Python fans are everywhere; I've even written an entire article about Monty Python references in judicial opinions (see 78 Tex. B.J. 520, July 2015). So I can't say I was surprised when I saw that California lawyer Darren Bean invoked a pivotal moment from the movie “Monty Python and the Holy Grail” in a recent motion to suppress hearing, arguing that a shrubbery did not constitute probable cause for a traffic stop and subsequent seizure. Bean's client had been stopped near a southern California state park (in a desert area) by a ranger because the ranger “observed a desert shrub stuck to the vehicle's front bumper.” Pointing out that “the mere presence of [a] shrubbery does not give rise to [reasonable] suspicion of violating the law,” Bean referenced Monty Python in arguing that the ranger, “apparently assuming [the defendant] was headed to meet the Knights Who Say Ni, pulled [the car] over to investigate.” Of course, in “Monty Python and the Holy Grail,” the shadowy “Knights Who Say Ni” oddly demand “a shrubbery” as tribute. Bean's Monty Python reference clearly worked since the judge agreed and the state later dismissed the case.
A GIF-Worthy Moment
U.S. District Judge R. David Proctor of Alabama, presiding over a large antitrust case involving Blue Cross and Blue Shield, recently had quite enough of what he described as “faux drama in briefing.” In a May 1, 2018 order addressing the “rancorous briefing” that compelled him to “weigh in on this current chapter of the parties' discovery soap opera,” Judge Proctor cautioned both sides about puffery. But he didn't stop with his written admonitions about the parties' “strong language” or overly long briefs. Instead, Judge Proctor also chose to make his point in a 21st century way by linking to an animated GIF—in this case, the image of a skeptical-looking Tom Hanks with the caption “Really?”. In some cases, a picture really is worth a thousand words.
How About a Dance-Off, Bro?
Disgraced FBI agent Chase Bishop may want to invoke the preferred form of dispute resolution of Guardians of the Galaxy's Star Lord. Bishop is facing assault charges for accidentally shooting someone at a Denver, Colorado bar. In a video that went viral, the FBI agent was showing off his dance moves at the Mile High Spirits bar on June 2, 2018, and his pistol fell out of his waistband holster while Bishop was launching into a back handspring. When Bishop went to pick up his firearm, it discharged, striking one club patron in the leg. The FBI agent better hope his lawyer has some slick moves of his own.
John G. Browning is a shareholder at Passman & Jones in Dallas, where he handles a wide variety of civil litigation in state and federal courts.
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
© 2025 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 All![From Hospital Bed to Legal Insights: Lessons in Life, Law, and Lawyering From Hospital Bed to Legal Insights: Lessons in Life, Law, and Lawyering](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/texaslawyer/contrib/content/uploads/sites/401/2022/11/maslanka-michael-p-19-767x633.jpg)
From Hospital Bed to Legal Insights: Lessons in Life, Law, and Lawyering
6 minute read![It Was the Best of Times, It Was the Worst of Times It Was the Best of Times, It Was the Worst of Times](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/texaslawyer/contrib/content/uploads/sites/401/2023/07/John-Browning-767x633.jpg)
![Nondisparagement Clauses in Divorce: Balancing Family Harmony and Free Speech Nondisparagement Clauses in Divorce: Balancing Family Harmony and Free Speech](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/texaslawyer/contrib/content/uploads/sites/403/2023/12/Reiter-Pollack-Siegel_2-767x633.jpg)
Nondisparagement Clauses in Divorce: Balancing Family Harmony and Free Speech
6 minute readTrending Stories
- 1Delaware DOJ's Hume Is Named Newest Magistrate In Chancery
- 2Trade Wars: Five Tips for Legal Teams to Manage Tariffs and Trade in Trump II
- 3Balancing Attorney-Client Privilege With a Lawyer’s Right to Defend Against Allegations of Wrongdoing
- 4Public Interest Calendar of Events
- 5Sharpening Residential Insurance Fraud Defense Strategies: Insights for Insurers to Mitigate Risk in 2025
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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