How Appealing

Friday, January 24, 2014

"FBI: Glitches, Not Cyberattack, Disrupted Court Websites; Technical Problem Prevented Lawyers from Filing Documents, Reading Case Files." The Wall Street Journal has this report.

You can freely access the full text of the article via Google.
Posted at 11:52 PM by Howard Bashman

"Ruling against housing exemption for clergy headed for appeal": The Wisconsin State Journal has an article that begins, "The federal government filed notice Friday that it will appeal a federal judge's ruling that a law allowing clergy members to avoid paying income taxes on salary designated as a housing allowance was unconstitutional."
Posted at 10:23 PM by Howard Bashman

"Online attack cripples U.S. court system": Brian Fung has this entry at "The Switch" blog of The Washington Post.

And The Washington Times reports that "Cyber attack hits federal judiciary websites, filing systems."
Posted at 10:20 PM by Howard Bashman

"Supreme Court says nuns are exempt for now from Obamacare contraceptives rule": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court blocks contraceptives rule for religious groups."

Richard Wolf of USA Today reports that "High court grants exemption from birth control mandate; The challenge by religious organizations that don't want to be involved in birth control coverage is separate from another brought by for-profit businesses, which the high court will hear this spring."

Warren Richey of The Christian Science Monitor has an article headlined "Obamacare: Supreme Court hands nuns temporary victory on contraceptives; The Supreme Court blocked enforcement of Obamacare's contraceptive mandate and said the nuns were not required to use the procedure set up by the government as an accommodation for religious groups."

Josh Gerstein and Jennifer Haberkorn of report that "Supreme Court grants temporary reprieve from contraceptive mandate."

Bill Mears of reports that "Charity gets win for now over Obamacare on contraception."

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "Supreme Court Allows Nuns to Opt Out of Contraceptive Mandate for Now."

And The Hill has a blog post titled "Court hands nuns a temporary win on birth control mandate."
Posted at 09:06 PM by Howard Bashman

"Colorado Supreme Court risks bias charge with $3,200 Broncos banners": The Denver Post has this news update.
Posted at 08:54 PM by Howard Bashman

"At 25 Years and 26 Days, Chief Justice Hecht Marks History as Longest-Serving Justice": The Supreme Court of Texas today issued a news release that begins, "Texas' longest-serving appellate judge, Chief Justice Nathan L. Hecht, celebrates a new milestone Sunday: longest-serving justice in state Supreme Court history."
Posted at 07:46 PM by Howard Bashman

Third Circuit grants plaintiffs' petition for permission to appeal in case challenging the lawfulness of GSK's diversity re-removals of state court Paxil personal injury cases more than one year after the cases were filed in state court: This afternoon, a three-judge panel of the U.S. Court of Appeals for the Third Circuit entered an order granting my clients' petition for permission to appeal in a case presenting the question "Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?"

Also available online, in addition to my clients' petition for permission to appeal, are GSK's answer in opposition and my clients' motion for leave to file a reply (with reply attached). In addition to granting permission to appeal, today's Third Circuit order also permitted my client's reply. Earlier posts reporting on the case can be accessed here, here, and here.

As a result of today's order, the appeal will now proceed to a decision on the merits following full briefing and, should the Third Circuit desire it, oral argument.
Posted at 07:32 PM by Howard Bashman

"Court system hit with cyberattack": Tony Romm of has a report that begins, "Unidentified hackers took aim at the federal court system Friday, blocking access to its public website while preventing lawyers and litigants from filing legal documents online."

I am pleased to report that the web site appears to be back online at this time.
Posted at 07:06 PM by Howard Bashman

"Justices Extend Order Blocking Contraception Mandate for Nuns": Adam Liptak of The New York Times has this news update.
Posted at 05:20 PM by Howard Bashman

Say what you will about Gmail's reliability, but what's up with " is DOWN for everyone"? The current outage of the domain may impede this blog's timely coverage of federal appellate court developments for the remainder of the outage.
Posted at 04:20 PM by Howard Bashman

"Partial win for Little Sisters": Lyle Denniston has this post at "SCOTUSblog."

You can access this afternoon's order of the U.S. Supreme Court at this link.

Update: In other coverage, The Associated Press reports that "Court gives nuns a compromise on health care issue."

Lawrence Hurley of Reuters reports that "Nuns get partial win in Supreme Court contraception fight."

And Greg Stohr of Bloomberg News reports that "Nuns Don't Need to Fill Out Obama Contraceptive Form, Court Says."
Posted at 04:15 PM by Howard Bashman

"Superfund offers model for child porn restitution -- Obama admin": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:10 PM by Howard Bashman

"Appeals Court Won't Rehear Fox's Attempt to Stop Dish's 'Hopper' Ad-Skipper": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post reporting on an order and amended opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:42 PM by Howard Bashman

"Iowa Supreme Court will review HIV criminalization case": Grant Rodgers of The Des Moines Register has this news update.
Posted at 01:18 PM by Howard Bashman

"Gay rights and judges: A thumb on the scales." This post appears today at the "Democracy in America" blog of The Economist.
Posted at 01:16 PM by Howard Bashman

"Sandra Day O'Connor to open new Stockton College lecture series": The Newark (N.J.) Star-Ledger has this report.

A news release that the college issued last week can be viewed at this link.
Posted at 01:14 PM by Howard Bashman

"Lawyer Fighting Chevron Hires a Heavy for Appeal": Jennifer Smith has this post at's "Law Blog."
Posted at 01:02 PM by Howard Bashman

"More Mischief from Judge Reinhardt": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 12:48 PM by Howard Bashman

"As best the record showed, Enmund was a schmo hired to drive the getaway car for a robbery gone wrong": A longtime reader of this blog has emailed to observe that Ninth Circuit Chief Judge Alex Kozinski's use of the word "schmo" in an opinion concurring in part issued yesterday appears to be the first use of that word in a published U.S. Court of Appeals ruling.

The schmo in question, according to Chief Judge Kozinski, was the petitioner in Enmund v. Florida. For the record, it appears that Enmund's first name was Earl, not Joe.

A Westlaw search reveals that "schmo" has appeared more than a handful of times in federal district court opinions and in the appellate rulings of various state courts.
Posted at 11:50 AM by Howard Bashman

"Little Sisters: A further order, or not?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:45 AM by Howard Bashman

D.C. Circuit allows federal death row inmate to intervene in lawsuit challenging the federal government's method of carrying out lethal injections and its failure to disclose its execution procedures: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:42 AM by Howard Bashman

FindLaw's "Technologist" blog recommends "50 Twitter Accounts Lawyers Should Follow Religiously": At the risk of offending the quasi-constitutional separation of church and Twitter, you can find that blog's recommendations in two posts, here (part one) and here (part two).

The "How Appealing" blog's Twitter feed somehow managed to sneak in under the wire as a fan favorite on part two of the list.
Posted at 10:35 AM by Howard Bashman

"Marotta plans to appeal court's sperm donor decision; Marotta 'almost' ready to go to jail rather than pay back child care payments": Steve Fry has this front page article today in The Topeka Capital-Journal.
Posted at 10:27 AM by Howard Bashman

"Google will appeal German court ruling on orgy pix": The Associated Press has this report.

Reuters reports that "German court orders Google to block Max Mosley sex pictures."

Bloomberg News reports that "Google to Block 6 Photos Showing Mosley Sex Party."

And in local coverage, Die Welt reports that "Google darf Sex-Fotos von Max Mosley nicht anzeigen." The newspaper previewed today's ruling in an article headlined "Google furchtet um seinen wertvollen Suchindex."

Earlier, Der Spiegel reported on the case in an article (available in English) headlined "Man versus Machine: Max Mosley's Battle against Google Hits the Courts."
Posted at 10:22 AM by Howard Bashman

"Pa. Supreme Court Says Drug Companies Can Be Sued For Marketing Dangerous Drugs": A LexisNexis litigation blog has posted online this report from Mealey's.

And Dan Packel of Law360 reports that "Pa. Pharma Ruling Opens New Front In Mass Tort Battles" (subscription required for full access).

My earlier coverage of Tuesday's Pennsylvania Supreme Court ruling, in a case in which I served as appellate counsel for plaintiff, can be accessed here and here.
Posted at 08:37 AM by Howard Bashman

"Alabama would avoid federal elections supervision under new bill; Congress debates renewing part of Voting Rights Act that U.S. Supreme Court tossed": Mary Orndorff Troyan has this front page article in today's edition of The Montgomery Advertiser.
Posted at 08:32 AM by Howard Bashman

"Herring sparks clash on gay marriage": This front page article appears today in The Richmond (Va.) Times-Dispatch.
Posted at 08:30 AM by Howard Bashman

"Iowa justices weigh whether defamation suit victory stifles political speech": Grant Rodgers has this article today in The Des Moines Register.

And The Quad-City Times of Davenport, Iowa reports that "Political ad grabs attention of Iowa's top court."
Posted at 08:28 AM by Howard Bashman

"Bill seeks at least 35 years for young killers": Today's edition of The Boston Globe contains an article that begins, "A group of state lawmakers is proposing legislation that would require juvenile murderers to serve at least 35 years in prison before being eligible for parole, in direct response to a Supreme Judicial Court ruling that struck down life sentences without the possibility of parole for young killers."
Posted at 08:26 AM by Howard Bashman

"Conservatives' sentencing law gets a grilling at Supreme Court hearing": Sean Fine has this article today in The Toronto Globe and Mail.
Posted at 08:24 AM by Howard Bashman

"Sotomayor to law students: 'You give me hope.'" The GW Hatchet has this report.
Posted at 08:22 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog