Irving Picard

Judge Jed Rakoff

The trustee… having for more than three years issued empty threats to seek a halt to the attorney general’s suit, has lost his right to complain. Even on the merits, moreover, his bluster proves to be without substance.

– Judge Jed Rakoff (S.D.N.Y.), issuing a harsh benchslap to Irving Picard, the trustee involved in the Bernie Madoff case, for trying to block a settlement he wasn’t involved in between J. Ezra Merkin and New York Attorney General Eric Schneiderman.

* She loves me, she loves me not: media darling Sonia Sotomayor used to be in favor of the use of cameras during Supreme Court arguments, but she’s done a complete about-face on the issue, just like Justice Elena Kagan before her. [National Law Journal]

* Everyone and their mother knows what Antonin Scalia thinks of the State of the Union address, but let’s find out what my colleague Elie Mystal thinks about the good justice’s antics — namely, Scalia’s non-attendance for the past sixteen years. [HuffPost Live]

* American Airlines and US Airways will be merging to create the largest (and most awful) airline in the country. Perhaps the DOJ’s antitrust division can save us from this parade of horribles. [DealBook / New York Times]

* It looks like Team Togut is going to have a crappy Valentine’s Day. They thought that their partner problems were all wrapped up, but according to these filings, it seems that they’ve only just begun. [Am Law Daily]

* If Irving Picard, the trustee in charge of the Bernie Madoff bankruptcy case, is able to get his way, money will soon be raining upon the victims of the massive Ponzi scheme at warp speed. [WSJ Law Blog (sub. req.)]

* This probably isn’t just a “distraction” or “silly sideshow” anymore, because Apple now says it will be fighting Greenlight’s attempt to block the tech company from restricting its issuance of preferred stock. [Bloomberg]

* Instragram has asked a federal court to toss a lawsuit over changes to the photo-sharing app’s terms of service because it contests that users still own the rights to all of their fugly Walden-filtered pictures. [Reuters]

* Remember Kenneth Kratz, the former Wisconsin prosecutor who referred to himself as “the prize”? He’s settled his sexting suit with Stephanie Van Groll, also known as the “hot nymph.” [Twin Cities Pioneer Press]

* Go to grad school at Lehigh for free: check. Sue for $1.3M over your C+: check. Get chastised by a judge over your ridiculous lawsuit: check. Whatever, we still beat Duke, and that’s really all that matters. [Morning Call]

* Due process, judicial process, yeah, yeah, same difference. Not so, says Attorney General Eric Holder — especially when it comes to assassinating killing Americans abroad. [Blog of Legal Times]

* Now that BP has settled claims made by private sector plaintiffs, state and federal government lawyers are getting ready to wait “months, not weeks” for their new trial date. [Financial Times]

* Newt Gingrich wants his “Eye of the Tiger” copyright infringement suit to be dismissed. Listen, judge, if he can’t play this song, we won’t get our moon base or cheaper gas. [The Caucus / New York Times]

* As if being a Mets fan wasn’t bad enough on its own, Judge Jed Rakoff has struck again. He refused to dismiss Irving Picard’s lawsuit, and now the team’s owners must go to trial over millions. [Businessweek]

* Lawyers from Milberg will be joining Paul Ceglia’s legal team. They must not have checked this dude’s Facebook timeline — this is the the fifth firm to sign up for a Gibson Dunn sucker punch. [Bloomberg]

* Thanks to a decision by a three-judge panel of the Ninth Circuit, Jared Loughner will continue to be forcibly medicated. What better way to restore him to competency than to shove pills down his throat? [Reuters]


Really? You're still suing?

* Sorry Missouri, but your reign as the “Show Me” state is over. Thanks to its immigration law, Alabama is going to be taking over as the “Show Me Your Papers” state. [CNN]

* Time to review the footage. Irving Picard stands to lose the game for the Investors if he can’t get an instant replay on Judge Rakoff’s home run decision for the Mets. [Bloomberg]

* Reebok has to pay out $25M in refunds because contrary to popular opinion, wearing a pair of sneakers won’t give you a nicer butt. Dammit, foiled again. [Blog of Legal Times]

* The EEOC is suing because a 680-pound man was allegedly fired for being too fat. Everything really is bigger in Texas, and now it’s considered a disability. [Houston Chronicle]

* Unpaid interns who worked on “Black Swan” are suing because they didn’t benefit from the job. Seriously? They should be sued for not appreciating all the film’s HLA. [New York Times]

Judge Jed Rakoff appreciates a man who doesn't know what he's doing.

Don’t worry about investing in a Ponzi scheme as long as you are smart or lucky enough to recoup your money before the whole thing falls apart. That is the upshot of U.S. District Judge Jed Rakoff’s decision to significantly limit the amount of money trustee Irving Picard can seek from New York Mets owner Fred Wilpon.

It’s a huge decision. Because a professional sports franchise is involved (and I’m using the term “professional” very loosely when talking about the Mets), how this impacts Wilpon and the team on the field will dominate most of the headlines and discussions about the ruling.

But make no mistake, Judge Rakoff’s ruling will have a major effect on how much money is ever recovered for victims of Madoff’s shenanigans, and could have an effect on the future liability for all investors in Ponzi schemes….

double red triangle arrows Continue reading “Mets’ Madoff Victory Is Bad News For Everybody Else”

* Not a wardrobe malfunction, my ass. Nancy Grace would sooner allow Casey Anthony to babysit her kids than admit that she had a nip slip on live television. [New York Post]

* When you have a “superior legal mind,” it’s easier for your feelings to get hurt. Gregory Berry now claims that Kasowitz Benson was “extraordinarily vindictive.” [Thomson Reuters News & Insight]

* Irving Picard’s suit against Fred Wilpon and Saul Katz has been dismissed (for the most part). This is the best thing to happen to the Mets since Bill Buckner. [Bloomberg]

* In the past, when a wife cried in Massachusetts, a judge would wipe her tears with her husband’s checkbook, but alimony just ain’t what it used to be. [New York Times]

* Apparently judges in San Luis Obispo, California have banged one gavel too many. They’ve been reaching verdicts outside the courtroom to pad their own benefits packages. [Legal Newsline]

* Florida International isn’t just dominating the University of Miami in football this year. FIU schooled Miami when it came to Florida’s bar exam results, too. [Miami New Times]

Fortunately, you gave me so much paper. Otherwise, I would have had to watch a Mets game, which would have been a very painful process.

– the eminently quotable Judge Jed Rakoff (S.D.N.Y.), praising the thorough briefing by lawyers involved in the legal battle between the Bernard Madoff trustee, Irving Picard, and the owners of the New York Mets, Fred Wilpon and Saul Katz.

* The tried and true accounting method of finders keepers, losers weepers prevailed in an appeals court win for Irving Picard in the Madoff case. [Bloomberg]

* Why in the world did you think it would be a good idea to file a $77M lawsuit against Kasowitz Benson? Are you out of your “superior legal mind”? [Thomson Reuters News & Insight]

* Apparently racism still exists, even at prestigious university like NYU. Skip the damn banana, I’ll take $210K instead, thanks. [New York Daily News]

* First they came for the eggs, and I didn’t speak out because I don’t like breakfast. Then they came for the turkey, and I flipped out because my freezer is full of it. [Los Angeles Times]

* Imitation may be the highest form of flattery, but Christian Louboutin plans to appeal last week’s ruling on his red-soled shoes. You go girl, because I don’t want to pay for an imitation. [Daily Mail]

* What kind of a neighbor goes after Girl Scouts for selling cookies in their own driveway? Apparently the kind you don’t want to live next to anymore. [Daily RFT / Riverfront Times]

* Drowning in loan debt? There’s a niche for that! A Connecticut lawyer is paying off his $160K of law school loans with a client base comprised of — you guessed it — lawyers. [Hartford Business Journal via ABA Journal]

* In New York, new “while black” violations seem to pop up every few months. Apparently, riding in a taxi is now a friskable offense. [Metropolis / Wall Street Journal]

* Madoff investors aren’t happy about the fact that that Irving Picard charges $5,803.00 a day. Don’t hate the playa, hate the game. He can’t help it that every day he’s hustlin’. [Bloomberg]

* More and more women are climbing the law school deanship ladder, but what I really want to know is why all of these successful women are trying to make themselves look so butch. [National Law Journal]

* Those of you who are trying to lawyer-proof your rapey behavior taking the New York bar exam may want to check out this article about DSK’s sexy past for a refresher on the rules of evidence. [Reuters]

* “An inveterate scam artist whose misconduct extends across decades and borders.” Facebook’s answer in the Ceglia case makes it sound as if this dude is a movie villain. That would sound great in a trailer. [Not-So Private Parts / Forbes]

Kid who didn't do as well as his parents.

* DOMA dude Paul Clement filed his first brief as lead counsel for 26 states seeking to nullify Obamacare. In a land of socialist, freeloading, hippie queers, one man stands alone. [Atlanta Journal Constitution]

* Actually, that’s not true — The Cooch has Clement’s back (twhs), Tweeting all the misspelled and hilarious punchlines that are fit to print. [The Virginian-Pilot]

* Eric Holder defended the legality of the Osama killing on Capitol Hill yesterday. In prepared remarks, he said, “If history has taught us anything, it’s that you can kill anyone.” [CNN]

* I don’t want to intrude on Lat’s beat here, but Ponzi schemer Scott Rothstein’s pad sounds pretty nice. Bet it even has a foyer, whatever the hell that is. [WSJ Law Blog]

* Irving Picard has asked a judge to allow him to start making disbursements to Madoff’s victims. Victims stand to receive a coupon book valued at over 200 dollars, a free subscription to Cat Fancy, and a lifetime’s supply of Spanx for Men. [Reuters]

* Chris Simms, guilty of poor quarterbackery, was found not guilty of smoking drugs and driving. [New York Post]

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