How Appealing

Thursday, January 31, 2013

"Oprah Talks to Sonia Sotomayor": The O Magazine article is now available online at this link.

And the February 2, 2013 issue of The Economist contains a review of Justice Sotomayor's book headlined "Before judgment days: America's first Hispanic Supreme Court justice recounts her youthful struggles."
Posted at 10:22 PM by Howard Bashman

"Patrick Fitzgerald takes on Socrates in mock trial": The Associated Press has this report, which notes that "Among the judges presiding over the retrial [will] be Richard Posner, who sits on the 7th U.S. Circuit Court of Appeals."
Posted at 05:38 PM by Howard Bashman

"Obama nominates Wyoming attorney general for appeals court": The Casper (Wyo.) Star-Tribune has this news update.

My earlier coverage of today's U.S. Court of Appeals nominations can be accessed here.
Posted at 04:12 PM by Howard Bashman

"Sonia Sotomayor's Best Seller": Lincoln Caplan has this post today at the "Taking Note" blog of The New York Times.

And the Pasadena Weekly has posted online a written interview with Justice Sotomayor headlined "The World According To Sonia."
Posted at 04:03 PM by Howard Bashman

"Access to Court Opinions Expands": The U.S. Courts web site posted this item today.
Posted at 03:46 PM by Howard Bashman

"Sotomayor notes one 'over the edge' criticism from a fellow justice, but there's no hard feelings": Stephanie Francis Ward has this post at the ABA Journal's "Law News Now" blog.
Posted at 02:26 PM by Howard Bashman

"The Supreme Court's War on the Twentieth Century": Law professor Bruce Ackerman has this blog entry today at The Huffington Post.
Posted at 02:20 PM by Howard Bashman

Access online the midday updates on the criminal trial underway against suspended Pa. Supreme Court Justice Joan Orie Melvin and one of her sisters: Updates are available from The Pittsburgh Tribune-Review and The Pittsburgh Post-Gazette.
Posted at 01:42 PM by Howard Bashman

"President Obama Nominates Two to Serve on the US Court of Appeals": The White House issued this news release today.

In early coverage, The Gazette of Cedar Rapids, Iowa has a news update headlined "Cedar Rapids attorney Jane Kelly nominated to federal appeals court; Federal public defender survived 2004 attack on Cedar Rapids recreational trail."

The other nominee announced today is Wyoming Attorney General Gregory A. Phillips to serve on the U.S. Court of Appeals for the Tenth Circuit.

Update: In other coverage, Todd Ruger of "The BLT: The Blog of Legal Times" has a post titled "Obama Nominates Two for Federal Appellate Judgeships."
Posted at 01:32 PM by Howard Bashman

"Wash. Supreme Court weighs in on 'phlegm-burger' served to cop": has this report.

My earlier coverage of today's ruling appears at this link.
Posted at 01:22 PM by Howard Bashman

"SCOTUSblog on camera -- Adam Liptak interview, Part Three": Today, "SCOTUSblog" has posted at this link part three of its interview with New York Times U.S. Supreme Court correspondent Adam Liptak.
Posted at 01:15 PM by Howard Bashman

"Senate Committee to Vote on Appeals Court Nominees, Again": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 01:11 PM by Howard Bashman

"U.S. appeals court denies Apple in Samsung patent fight": Dan Levine of Reuters has this report.
Posted at 01:08 PM by Howard Bashman

"'Not some god': Supreme Justice Sotomayor opens up to Chicago audience." The Chicago Tribune has this report.
Posted at 12:20 PM by Howard Bashman

"Ohio Supreme Court Justice William O'Neill dissents from death penalty ruling": The Cleveland Plain Dealer has an article that begins, "The Ohio Supreme Court's newest justice wants no part in scheduling state executions."
Posted at 12:16 PM by Howard Bashman

"Judge in 9/11 Case Orders End to Outside Government Censors": Charlie Savage of The New York Times has this news update.

Carol Rosenberg of The Miami Herald has a news update headlined "Guantanamo judge unplugs hidden censors from 9/11 trial."

The Associated Press reports that "Sept 11 case judge ousts Guantanamo gov't censor."

And Reuters has a report headlined "Remove secret censoring system from Guantanamo court, judge orders."
Posted at 12:08 PM by Howard Bashman

May a deputy sheriff recover damages from Burger King Corp. under Washington State's Product Liability Act by claiming that he suffers ongoing emotional distress from discovering that he was served a burger with phlegm inside the bun? The Supreme Court of Washington State decided that issue in a decision announced today on certified question from the U.S. Court of Appeals for the Ninth Circuit.

By a vote of 6-to-3, Washington State's highest court has ruled in favor of the deputy sheriff, holding that "The WPLA permits relief for emotional distress damages, in the absence of physical injury, caused to the direct purchaser by being served and touching, but not consuming, a contaminated food product, if the emotional distress is a reasonable response and manifest by objective symptomatology."

Today's ruling consists of a majority opinion and a dissenting opinion.

My earlier coverage of the Ninth Circuit's order certifying this question can be accessed here and here.
Posted at 11:54 AM by Howard Bashman

D.C. Court of Appeals affirms $750,000 award against Wilson Sporting Goods Co. and in favor of MLB umpire Ed Hickox, who was injured when a foul ball struck his umpire's mask: You can access today's ruling of the District of Columbia Court of Appeals at this link. Judge Roy W. McLeese III wrote the opinion on behalf of a unanimous three-judge panel.

Previously, "The BLT: The Blog of Legal Times" covered the jury's verdict in a post titled "MLB Umpire Injured by Foul Ball Awarded $775K in Suit Against Sporting Goods Company."

Today at that blog, Zoe Tillman has a post titled "Appeals Court Affirms $775K Judgment for Injured MLB Umpire."
Posted at 11:23 AM by Howard Bashman

"If the Court Strikes Down Section 5 of the Voting Rights Act: An Online Reuters Symposium." Rick Hasen has the links to the individual entries in this symposium in a post at his "Election Law Blog."
Posted at 09:16 AM by Howard Bashman

"The Word -- It Gets Worse: Pro-DOMA lawyer Paul Clement thinks the struggle for gay rights has just been too successful, so it therefore must end in failure." This video segment appeared on last night's broadcast of Comedy Central's "The Colbert Report."
Posted at 09:12 AM by Howard Bashman

"Activists Flood Government Agencies With FOIA Requests in Tribute to Aaron Swartz": Kim Zetter has this post at's "Threat Level" blog.

Today's edition of The San Diego Union-Tribune contains an article headlined "Suicide prompts demand for answers." reports that "Online activists fret over extremism."

Online at Slate, Farhad Manjoo has an essay titled "How MIT Can Honor Aaron Swartz: Fight to make academic journals open to everyone."

And at The Huffington Post, Nathan Robinson has a blog entry titled "Prosecutors Sought 30 Years for Swartz's JSTOR Download, 35 for Headley's Mumbai Massacre."
Posted at 09:05 AM by Howard Bashman

"Health trust verdict overturned; Court rules against two districts in $8 million suit, but their lawyer says he'll appeal to state Supreme Court": The Times Leader of Wilkes-Barre, Pennsylvania contains this article today.

And today's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains an article headlined "Appeals court reverses health trust award for Dallas, Pittston Area."

My earlier coverage of yesterday's en Pa. Commonwealth Court ruling, in a case in which I am appellate counsel for the defendant-appellant, can be accessed here, here, and here.
Posted at 08:54 AM by Howard Bashman

"Judge Overrules Censors in Guantanamo 9/11 Hearing": Charlie Savage has this article today in The New York Times.
Posted at 08:50 AM by Howard Bashman

"Former staffer says she regularly scheduled political events for Melvin on state time": This article appears today in The Pittsburgh Tribune-Review.

In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article headlined "Pa. ex-Sen. Orie's staffers testify at Justice Melvin's trial."

And The Associated Press reports that "Aide to jailed Pa. Sen. says she worked for Melvin."
Posted at 08:44 AM by Howard Bashman

"Validity of Consumer Bureau at Stake in Legal Challenge": Bloomberg News has a report that begins, "A law firm sued by the Consumer Financial Protection Bureau over its treatment of struggling homeowners may be the first to contest the validity of Richard Cordray's status as the agency's director after a federal court's ruling on presidential appointees."
Posted at 08:35 AM by Howard Bashman

"Law Schools' Applications Fall as Costs Rise and Jobs Are Cut": Ethan Bronner has this front page article today in The New York Times.
Posted at 08:30 AM by Howard Bashman

"Senate Democracy Is Dead; Or at least seriously wounded by the failure of filibuster reform and the court ruling against the president's recess appointments": Law professor Akhil Reed Amar has this jurisprudence essay online at Slate.

Today's edition of The Washington Post contains an editorial titled "In appointment ruling, judges take a recess from common sense."

And online at Reuters, Andrew Blotky has an essay titled "Judicial overreach to redefine presidential power."
Posted at 08:22 AM by Howard Bashman

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