How Appealing

Thursday, January 10, 2013

"Court upholds controversial dialysis law": The News Service of Florida has a report that begins, "A federal appeals court Thursday upheld the constitutionality of a heavily lobbied 2002 law that prevents Florida doctors from referring kidney-dialysis patients to labs in which the doctors have financial stakes."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:38 PM by Howard Bashman

"9th Circuit revives Medtronic pain pump suit": Terry Baynes of Reuters has this report.

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 08:44 PM by Howard Bashman

"The Danger Lurking Behind the Platinum Coin: This way lies the risk of impeachment." Law professor Eric Posner has this essay online today at Slate.
Posted at 06:07 PM by Howard Bashman

"Bin Laden death photos might not see the light of day": Michael Doyle of McClatchy Newspapers has this report.

I linked to additional coverage of today's D.C. Circuit oral argument in this earlier post.
Posted at 05:57 PM by Howard Bashman

"Lincoln, the Supreme Court, and the Reconstruction Revolution": The McClatchy-Tribune News Service has posted online this essay written by Doug Kendall and Tom Donnelly.
Posted at 05:08 PM by Howard Bashman

"Texas court asks: Is man's best friend priceless?" The Associated Press has a report that begins, "They say all dogs go to heaven. But if they get there before their time, should someone pay up? The Texas Supreme Court began mulling Thursday whether grieving dog owners should be able to sue for the 'emotional value' of man's best friend."

You can view the video of today's oral argument in the Supreme Court of Texas by clicking here. And the briefs filed in the case can be accessed via this link.
Posted at 04:56 PM by Howard Bashman

"Supreme Court won't block Orie Melvin's prosecution": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update reporting on an order that the Supreme Court of Pennsylvania issued this afternoon.

Earlier this afternoon, The Pittsburgh Tribune-Review had a news update headlined "DA's office says state Supreme Court should not dismiss Orie Melvin charges."
Posted at 04:44 PM by Howard Bashman

"U.S. Death Penalty Support Stable at 63%; Decade-long decline in support after 2001 seen mostly among Democrats": Gallup Politics issued this news release yesterday.
Posted at 04:20 PM by Howard Bashman

"Warner Bros. Wins Blockbuster Victory in Legal Battle for Superman; An appeals court finds that Jerome Siegel's heirs made a deal with the studio in 2001 over rights to Superman": Eriq Gardner has this post at The Hollywood Reporter's "Hollywood, Esq." blog.

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Update: A reader kindly points out that the Ninth Circuit today also issued two related unpublished rulings (here and here) addressing the merits of this matter.
Posted at 03:45 PM by Howard Bashman

"Wetlands regulation at heart of Fla. property rights dispute": Lawrence Hurley of Greenwire has this article reporting on a case that is scheduled for oral argument next Tuesday in the U.S. Supreme Court.
Posted at 02:44 PM by Howard Bashman

"In Nike opinion, justices reaffirm limits on who has the right to sue": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

At, Daniel Fisher has a blog post titled "Supreme Court Rejects Lawsuit Over Nike Trademarks."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: A promise better be a promise."
Posted at 02:33 PM by Howard Bashman

Unanimous 11-judge en banc Ninth Circuit panel holds that federal law does not preempt a state law failure to warn claim concerning an FDA-approved "Class III" medical device manufactured by Medtronic: You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The majority on a divided three-judge Ninth Circuit panel had originally affirmed a federal district judge's ruling that the failure to warn claim was preempted under federal law. My earlier coverage of that ruling and the Ninth Circuit's order granting rehearing en banc can be accessed here.
Posted at 01:36 PM by Howard Bashman

"Jerry Brown wants feds to back off on prisons": Columnist Debra J. Saunders has this essay today in The San Francisco Chronicle.
Posted at 01:15 PM by Howard Bashman

"Brewer officially joins Oregon Supreme Court": Peter Wong has this article today in The Statesman Journal of Salem, Oregon.
Posted at 01:12 PM by Howard Bashman

"Why Has Obama Pardoned So Few Prisoners?" Sasha Abramsky will have this article in the January 28, 2013 issue of The Nation.
Posted at 01:08 PM by Howard Bashman

"Bin Laden Corpse Photos Should Be Released, Group Argues": Tom Schoenberg of Bloomberg News has a report that begins, "Photos of Osama bin Laden's corpse and burial at sea, ordered to be kept secret by President Barack Obama, should be made public, a self-described conservative watchdog group told a federal appeals court."

The Washington Post has a news update headlined "Court looks likely to defer to U.S. in barring release of postmortem bin Laden photos."

David Ingram of Reuters has a report headlined "Images of a dead bin Laden still dangerous: U.S. lawyer."

The Associated Press reports that "Judges seem wary of release of bin Laden photos." reports that "Court considers demand that U.S. release photos of bin Laden's body."

Ryan J. Reilly of The Huffington Post reports that "Osama Bin Laden Photo Release Considered By Appeals Court."

At, Josh Gerstein has a blog post titled "Court skeptical on release of Osama bin Laden photos."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "DOJ Defends Secrecy of Post-Mortem Osama bin Laden Photos."
Posted at 12:55 PM by Howard Bashman

"Hamdan case back to Court?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:26 PM by Howard Bashman

"Federalism and Marriage: The Supreme Court should stay out of the way." Edward Whelan has this essay in the December 31, 2012 issue of National Review magazine.
Posted at 11:27 AM by Howard Bashman

"What's Lost if the Voting Rights Act Falls? Minority voters will lose a key bargaining chip." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 09:00 AM by Howard Bashman

"Constitution Check: Is the 'war on terrorism' coming to an end?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:54 AM by Howard Bashman

"Appeals court: RMNP right to rule out reintroducing wolves." The Denver Post contains this article today.

And The Associated Press reports that "Court upholds decision on elk thinning in US park."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:32 AM by Howard Bashman

"US judge voices concerns on Bulger; Says public may question fairness of mobster's trial": This article appeared yesterday in The Boston Globe.

Yesterday's edition of The Boston Herald contained an article headlined "Lawyer: Whitey's judge too close to bad old days."

And yesterday's broadcast of NPR's "All Things Considered" contained an audio segment titled "'Whitey' Bulger's Lawyers Want Judge Off The Case."

The U.S. Court of Appeals for the First Circuit has posted the audio of Tuesday's oral argument at this link (featuring, among other things, the voice of retired Justice David H. Souter).
Posted at 08:24 AM by Howard Bashman

"Orie Melvin asks colleagues on high court to dismiss charges; Same argument was rejected in Common Pleas Court": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.
Posted at 08:16 AM by Howard Bashman

"Pennsylvania justices vote Castille out as overseer of Philadelphia courts": This front page article appears today in The Philadelphia Inquirer.

Update: Later today, the Administrative Office of Pennsylvania Courts issued a news release titled "Justice Eakin Succeeds Chief Justice Castille as Philadelphia Courts Liaison."
Posted at 08:14 AM by Howard Bashman

"Likelihood of a Petition Being Granted": Kedar Bhatia has this post today at his blog, "DailyWrit."
Posted at 08:10 AM by Howard Bashman

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