"Cats and Dogs, Living Together in the Streets!"

That was my first thought when a little birdie passed along yet another interesting pleading in the massive HMO litigation, now in its final death throes before Judge Moreno. I guess what they say about politics also applies to HMO, in that two very strange bedfellows appear on this pleading: Milberg Weiss and Ed Moss.

Yes, slow-talkin', fast-thinkin' Ed Moss, having successfully transformed himself from a self-made plaintiffs' lawyer to a defender of all things corporate for mega-firm Shook Hardy & Bacon, has entered an appearance for the beleaguered Milberg Weiss, in a November 6, 2007 fee application that will blow your socks off.

In it, Ed (along with Shook partner Richard C. Smith) allege that Milberg Weiss was cut completely out of the fee application jointly submitted by plaintiffs' counsel, despite having expended over a million dollars in out-of-pocket costs, and over 25,000(!) hours of time, for a corresponding lodestar of nearly $9 million.

As was explained to me, and some of this appears in the pleadings, apparently a group of lawyers from Milberg, after litigating HMO and related state cases for several years, jumped ship to Joe Whatley's firm, taking the HMO litigation with them. They then litigated the case there, and submitted their time as part of Whatley's fee application.

It's not clear, however, why the earlier Milberg time and expenses were not included, or why they would not be entitled to reimbursement of the million dollars they expended as part of the joint prosecutorial effort. I'm sure Whatley will explain, although he has not yet filed a response.

All I know is that, with Ed on the case, Milberg is in very good hands.

Is it just me or as HMO winds down it gets more and more interesting?

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Awkward!

Julie Kay reports that powerhouse litigator Ervin Gonzalez has been brought in, informally, to investigate concerns that mold at the old federal courthouse may have caused or contributed to Magistrate Judge Ted Klein's death last year of a mysterious respiratory ailment.

That should be interesting when Gonzalez has to next appear in front of Chief Judge Moreno, who has been the public face of the Court's response to allegations that the old courthouse may be a "sick building."

Anyone who was at last month's Dade County Bar Association luncheon, where Judge Moreno spoke and addressed the issue in the wake of the first Julie Kay article asserting the possibility of such a link, can see that the Judge's heart is in the right place and he is committed to addressing the issue fairly and carefully. But Judge Moreno basically said that Julie Kay had presented only one side of the issue, and that Magistrate Judge Klein was already sick and his death had nothing to do with mold issues in the building.

Meanwhile, Klein's longtime former partner, the vivacious and tenacious Rebekah J. Poston, brought Gonzalez in to investigation because, in her words, "the jury is out."

In addition to a wrongful death suit, possibilities exist for other personal injury actions as well as a class action suit on behalf of all employees who had to work in that building.

Anyone with further information can report it here, to southfloridalawyers@gmail.com.

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The Latest on Mold in the Federal Courthouse

Intrepid reporter Julie Kay continues her terrific coverage of the mold scandal at the "old old" federal courthouse, here:

The children of deceased Magistrate Judge Ted Klein have filed a complaint in Miami federal court accusing the General Services Administration of failing to comply with a Freedom of Information Act request seeking information about the David Dyer Federal Courthouse.

The complaint asks U.S. District Judge Alan Gold to declare GSA — an arm of the federal government — in violation of FOIA and order the agency to provide requested records to the plaintiffs.

The complaint was filed Dec. 28 by Miami attorney Alan Goldfarb on behalf of Andrew and Jennifer Klein.

Popular federal magistate judge Ted Klein — who worked in the Dyer building for many years — died in 2006 suddenly of a mysterious pulmonary illness. Klein's children hired Goldfarb after reading an article in the Daily Business Review, an affiliate of The National Law Journal, about a report citing large amounts of mold and unsafe conditions in parts of the Dyer building.

The article also cited a memo sent by U.S. District Judge Federico Moreno in which he advises all employees of the building to bring the report to their doctors and orders anyone entering the building's basement — where the most mold was found — to wear protective gear, gloves and masks.

Several employees of the building, which houses Miami's magistrate court, have reported nosebleeds, double pneumonia and other illnesses, and at least two have been given permission to work at home.

Hmm. Wonder if Judge Gold will recuse?

This is the tip of the iceberg. As anyone who sues governmental agencies know, they don't usually step right up, come to the table and do the right thing.

Is this an issue better left to fester in the public eye, with a steady drip-drop of damaging headlines and allegations, or should a knowledgeable decision-maker get involved, bite the bullet, and resolve this (and the related cases that are sure to follow) in a fair, reasonable, and expeditious manner?

(note - photo above not the federal courthouse, just my sunny downtown exposure!)

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