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Tuesday, September 7, 2010 "This morning, the Third Circuit Court of Appeals in Philadelphia issued its highly anticipated ruling in a hotly contested cell phone location privacy case." So begins a blog post by Kevin Bankston at the web site of the Electronic Frontier Foundation. And The Associated Press has a report headlined "Court: Judges can demand warrant for phone locales." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. "SCOTUSblog 4.0" has launched: You can access it by clicking here. Posted at 10:32 AM by Howard Bashman "States battle Asian carp in court; Court asked to block invasive fish until lawsuit is decided": This article appears today in The Toledo Blade. Posted at 08:20 AM by Howard Bashman "Obama getting fewer judges confirmed than Nixon": Mark Sherman of The Associated Press has this report. Posted at 08:04 AM by Howard Bashman Monday, September 6, 2010 "Appeals Court in Atlanta Again Rejects Racial Discrimination Claim": This new installment of Adam Liptak's "Sidebar" column will appear Tuesday in The New York Times. Posted at 10:34 PM by Howard Bashman "Choice of Clerks Highlights Supreme Court's Polarization": Adam Liptak will have this article Tuesday in The New York Times, along with a related article headlined "A Well-Traveled Path From Ivy League to Supreme Court." Charts that accompany these articles can be accessed here. Posted at 10:32 PM by Howard Bashman "Altered Movie Poster Puts the Spotlight on a San Francisco Agency's Gun Ban": This article appears today in The New York Times. Posted at 10:21 AM by Howard Bashman "Imperial County fights for spot in Prop 8 debate": Greg Moran has this article today in The San Diego Union-Tribune. Posted at 10:18 AM by Howard Bashman Sunday, September 5, 2010 "Ohio Supreme Court justices differ on what dissenting opinions prove": James Nash has this article today in the Columbus Dispatch. Posted at 08:35 PM by Howard Bashman "NM high court permits ballpark injury lawsuit": The Associated Press has this report. The text of the ruling does not yet appear to be available from the web site of the Supreme Court of New Mexico. "Under the U.S. Supreme Court: Walmart class action biggest in history." Michael Kirkland of UPI has this report. Posted at 08:25 PM by Howard Bashman Saturday, September 4, 2010 "Md. high court hears religious freedom case; Plaintiff missed trial because of Jewish holiday": This article will appear Sunday in The Baltimore Sun. Posted at 08:40 PM by Howard Bashman "Tracking device leads to Supreme Court; Drug charges against Medford man hinge on Fourth Amendment challenge": Yesterday's edition of The Mail Tribune of Medford, Oregon contained this article. Posted at 08:32 PM by Howard Bashman "Where are the judges? There's finger-pointing by both sides, but the fact is that the failure to fill judicial vacancies hurts the administration of justice in the U.S." This editorial appears today in The Los Angeles Times. Posted at 08:27 PM by Howard Bashman "Shoot First, Confirm Later: Why the NRA suddenly cares so much about Supreme Court nomination battles." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:25 PM by Howard Bashman "Court throws out $926 million Rocky Flats award": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday. Posted at 02:20 PM by Howard Bashman Friday, September 3, 2010 "Court ruling could mean millions in online royalties for Eminem, other artists": The Detroit Free Press has this news update. The Los Angeles Times has a blog post titled "Appeals court says UMG too shady on royalties." Bloomberg News reports that "Universal Music's Victory in Eminem Royalties Case Overturned On Appeal." And WSJ.com's "Speakeasy" blog has a post titled "Federal Court Sides With Eminem Producers in iTunes Dispute." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Right Said Fred lyrics fail to preclude sexual harassment claim: See pages 9 and 19 of this ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Obligatory YouTube link is here. "Turning Miranda 'Upside Down'? The high court keeps pecking away at the famous 1966 decision." Liane J. Jackson has this article in the September 2010 issue of ABA Journal magazine. Posted at 03:40 PM by Howard Bashman "Tax-fraud conviction voided because judge didn't stop trial to let defendant go to son's deathbed; A federal appeals court says the jurist also prejudiced the jury by not telling panelists that Garth Kloehn was absent the last day of trial because his son had died": Carol J. Williams has this article today in The Los Angeles Times. And The Associated Press has a report headlined "New LA trial for man who skipped court to see son." You can access Monday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge Stephen Reinhardt wrote the majority opinion. "Court reinstates markup law for Wisconsin gasoline": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today. Posted at 12:44 PM by Howard Bashman "Kagan Indicates She'll Recuse in A Twelfth Pending Case": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." You can access today's Order List of the U.S. Supreme Court at this link. "Jurors in the Digital Age": Law professor Thaddeus Hoffmeister (author of the blog "Juries") has posted this article online at SSRN (via "Legal Theory Blog"). Posted at 11:40 AM by Howard Bashman "In '09, Ayotte OK'd settling abortion case": This article appears today in The Telegraph of Nashua, New Hampshire. Posted at 09:10 AM by Howard Bashman "Court won't force state to defend Prop. 8": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 09:06 AM by Howard Bashman "Senate confirms Recktenwald as new high court chief justice": This article appears today in The Honolulu Star-Advertiser. Posted at 08:54 AM by Howard Bashman "In 'Doo-Wop' Case, 3rd Circuit to Consider 'Prevailing Party' Fees Issue": Shannon P. Duffy of The Legal Intelligencer has this report. Posted at 08:50 AM by Howard Bashman Thursday, September 2, 2010 "Federal judge blocks Neb. ban on flag mutilation": The Associated Press has this report. Posted at 10:50 PM by Howard Bashman "Conviction of man who left water bottles for migrants is overturned": Carol J. Williams of The Los Angeles Times has this news update. The Washington Times has a news update headlined "Conviction overturned for leaving water for illegals." And The Associated Press reports that "Appeals court reverses conviction for littering." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Three influential Seventh Circuit judges debate the usefulness of expert testimony to prove foreign law: See this opinion issued today. Update: At "The Volokh Conspiracy," law professor Eugene Volokh offers these thoughts. "Despite Broad Holding on Whistleblower Standing in False Marking Cases, Pleading Hurdle Is High": Sheri Qualters of The National Law Journal has this report. Posted at 08:20 PM by Howard Bashman "Ladies Nights aren't sexist to men; Court of Appeals rejects Manhattan lawyer's claim": This article appears today in The New York Daily News. The New York Post contains an article headlined "Party on, gals; 'Ladies' night' is legal: fed judges." And Mark Hamblett of the New York Law Journal reports that "Bid to Eradicate 'Ladies Nights' Fails at 2nd Circuit." My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Appeals court rules against Ravens in logo dispute": The Associated Press has a report that begins, "A federal appeals court has ruled against the Baltimore Ravens and the National Football league in a copyright dispute over the team's original logo." And The Daily Record of Baltimore reports that "Appeals court revives suit over Ravens' first logo." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link. Wednesday, September 1, 2010 "UW-Madison must fund prayer activities, court says": The Associated Press has a report that begins, "A federal appeals court has upheld a lower court's ruling that the University of Wisconsin-Madison must pay for student activities involving prayer, worship and proselytizing. The 7th U.S. Circuit Court of Appeals ruled in a 2-1 decision Wednesday that the university's policy of turning down funding requests from student groups for such activities violates their First Amendment right to free speech." And The Chronicle of Higher Education reports that "U. of Wisconsin Cannot Exclude Religious Group From Student Fees, Court Says." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link. Chief Judge Frank H. Easterbrook wrote the majority opinion. "Court denies Scrushy's request for release on bond": The Associated Press has this report. Posted at 06:20 PM by Howard Bashman "John Walker Lindh seeks Ind. prison prayer ruling": The Associated Press has a report that begins, "American-born Taliban fighter John Walker Lindh and another Muslim inmate have asked a judge to order a federal prison to allow them and other Muslims in their highly restricted cell block to pray as a group, in accordance with their beliefs." Posted at 06:02 PM by Howard Bashman In a ruling that's bound to make Kool & The Gang proud, Second Circuit affirms the rejection of a lawsuit alleging that Ladies' Nights run afoul of federal anti-discrimination laws: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link (via Stephen Bergstein at the blog "Wait A Second!"). Gratuitous YouTube link to relevant Kool & The Gang video is here. "Judge again puts state efforts to resume executions on hold": Howard Mintz has this article today in The San Jose Mercury News. Posted at 10:35 AM by Howard Bashman ABA Litigation podcast: Seventh Circuit Judge Richard A. Posner shares his thoughts on effective appellate brief writing. You can download the audio via this link (8.53MB mp3 audio file). Update: Can anyone identify the person whose voice conveys Judge Posner's advice on this podcast? "Kinser chosen to be next chief justice of Virginia Supreme Court": Frank Green has this article today in The Richmond Times-Dispatch. And The Roanoke Times reports today that "Female justice picked to lead; Justice Cynthia Kinser is the first female chief justice of the Virginia Supreme Court." "Don Siegelman and Richard Scrushy ask court to dismiss honest services fraud charges against them": This article appears today in The Birmingham News, which has posted the relevant court filings here and here. In other coverage, The Associated Press reports that "Siegelman asks appeals court to dismiss charges." And in a related development, Bloomberg News reports that "Ex-Illinois Governor Ryan Challenges Corruption Conviction, Cites Skilling." "This is crazy. It turns out that one of the greatest legal bloggers on the interweb, Howard Bashman the author of How Appealing, is married to the co-author of a new book on vampire slayers." So begins this post published today at the blog "Siouxsie Law." Posted at 10:14 AM by Howard Bashman "New Breed of Patent Claim Bedevils Product Makers": Dionne Searcey has this front page article today in The Wall Street Journal. Reuters reports that "Expired bow tie patent has Brooks Brothers in knots; Bow tie patent suit to go forward; False marking lawsuits against big companies affected." And Bloomberg News reports that "Brooks Brothers loses appeal in bow-tie patent marking case." My earlier coverage of yesterday's Federal Circuit ruling appears at this link. "State Support Courted in High Court Video Game Case": Tony Mauro and Carrie Levine of The National Law Journal have this report. Posted at 09:48 AM by Howard Bashman Tuesday, August 31, 2010 "Discovery Rule Exception in Hormone Replacement Cases Ruled a Jury Question": Amaris Elliott-Engel will have this article, in which I am mentioned, in Wednesday's edition of The Legal Intelligencer. My most recent earlier coverage of the ruling appears at this link. "Dallas judge's ruling saying gay couple could divorce in Texas rejected on appeal": The Dallas Morning News has this update. And The Associated Press reports that "Court says gay couples can't divorce in Texas." You can access today's ruling of Texas' Fifth District Court of Appeals at Dallas by clicking here. "Legal group seeks to force Calif to defend Prop 8": The Associated Press has this report. Posted at 05:42 PM by Howard Bashman "Khadr terror trial to resume Oct. 18 at Guantanamo": Carol Rosenberg of The Miami Herald has this news update. And The Associated Press reports that "Guantanamo trial of Canadian to resume in October." Just in time for the height of the Halloween shopping season: It's not every day here at "How Appealing" that I get to link to the blog "Vampire Wire," but today marks the official on-sale date for my wife's first published book, "Wanted Undead Or Alive: Vampire Hunters and Other Kick-Ass Enemies of Evil." Recently, the "Vampire Wire" blog published this interview of my wife and her co-author. The book is on-sale in bookstores everywhere today, and it can be ordered online via links that appear at the bottom of the web page that you can access by clicking here. All this talk about vampire hunters reminds me of the humorous characterization of appellate judges (featured as a slogan at the now-defunct blog "Have Opinion, Will Travel") as those who "sit above the fray as the battle unfolds beneath and when the smoke clears and the dust settles, they descend from their lofty perches and shoot the wounded." "Full appeals court refuses to rehear Gitmo ruling": The Associated Press has this report. At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Denies Rehearing in Guantanamo Detainee Case." And at "SCOTUSblog," Lyle Denniston has a post titled "Diminishing a precedent: Detainee decision pared down?" You can access today's order of the U.S. Court of Appeals for the D.C. Circuit denying rehearing en banc, along with concurring statements that total 112 pages, at this link. A patent attorney purchases bow ties at Brooks Brothers and litigation ensues: The U.S. Court of Appeals for the Federal Circuit issued this ruling today. Posted at 11:12 AM by Howard Bashman "In Canada's Supreme Court, Cameras are No Big Deal": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 10:35 AM by Howard Bashman "The go-to guy in California's high court headquarters: Frederick Ohlrich is clerk of the California Supreme Court -- its keeper of records, its historian and its biggest fan; If you're a lawyer preparing to address the justices, he has some tips for you." Maura Dolan has this article today in The Los Angeles Times. Posted at 10:30 AM by Howard Bashman Monday, August 30, 2010 "Protest at military funeral ignites a test of free speech; High court to weigh claim of harassment": Joan Biskupic has this front page article today in USA Today. Posted at 10:32 PM by Howard Bashman "Legal logjam leaving judges' seats empty in federal courts; The politicized confirmation process has left nearly 1 in 8 posts empty; Republicans say it's part payback, but they argue that Obama has been slow to nominate judges": Carol J. Williams will have this article Tuesday in The Los Angeles Times. Posted at 10:30 PM by Howard Bashman In jurisprudence essays available online from Slate: Dahlia Lithwick has essays entitled "The Female Factor: Will the presence of three women really change the court in any real way?" and "The Mother of All Grizzlies: Ruth Bader Ginsburg shows how feminism is done. Again." Posted at 08:37 PM by Howard Bashman "Pfizer Settles Prempro Case on Breast Cancer Before Retrial on Damages": Jef Feeley of Bloomberg News had this report last Friday. And in early news coverage of the ruling that is the subject of the post immediately below, Amaris Elliott-Engel of The Legal Intelligencer has a news update headlined "Superior Court Revives Future of 1,000 HRT Cases." Pa. Superior Court reverses entry of summary judgment against plaintiffs, on statute of limitations grounds, in fourteen consolidated hormone replacement therapy breast cancer appeals: You can access today's ruling of the Superior Court of Pennsylvania at this link. As noted in this earlier post, I wrote plaintiffs' consolidated appellate briefs and also presented oral argument on behalf of all plaintiffs when the appeals were argued together on July 21, 2009. "Third Circuit Grants En Banc Review of Panel Decision Overturning $272.5 Million DeBeers Class Action Settlement": That is the title of a post that appears today at "The Am Law Litigation Daily" blog. A subscription is required to read the entire post. You can access last Friday's order of the U.S. Court of Appeals for the Third Circuit at this link. My earlier coverage of the original three-judge panel's ruling can be accessed via this link. "Secret showdown set for Islamic charity": Today at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post that begins, "One of the nation's most prominent Muslim organizations, the North American Islamic Trust, is set to face off with the U.S. government in a federal appeals court Monday." Posted at 11:42 AM by Howard Bashman Sunday, August 29, 2010 "Under the U.S. Supreme Court: The way of the cross." UPI has this report. Posted at 07:46 PM by Howard Bashman "Weaver to resign; Justice ends 16 years on Supreme Court": This past Thursday's edition of The Traverse City Record-Eagle contained an article that begins, "Justice Elizabeth Weaver, of Glen Arbor, whose frequent battles with fellow Republican justices over the past decade exposed deep political and personal rifts on the Michigan Supreme Court, plans to resign today." And Friday's edition of the newspaper reported that "Local judge to replace Weaver on court." In Friday's edition of The Detroit Free Press, Dawson Bell had articles headlined "New appointment, Elizabeth Weaver's exit shake up Michigan Supreme Court; Elizabeth Weaver denies talks with Granholm to name Alton Davis were shady" and "Roots a boost for new justice; Davis, like Weaver, hails from Up North." Friday's edition of The Detroit News reported that "Surprise Granholm appointment changes state Supreme Court makeup; Weaver steps down; Gov appoints appeals judge Davis" and "Davis could be consensus-builder state Supreme Court needs, lawyers say." And today's newspaper reports that "GOP picks Wayne judge to reclaim Supreme Court seat." Friday's edition of The Petoskey News-Review reported that "Michigan high court's newest justice has local ties." And Booth Newspapers reported on Friday that "Granholm's Supreme Court appointee following Justice Elizabeth Weaver's surprise resignation changes dynamics of court and fall election."  
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