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Thursday, February 12, 2009 Available online from law.com: An article is headlined "Former Solicitor General Warns: Don't Be Quick to Switch Course; Bush's solicitor general says the new administration must be cautious about how to change position on cases before U.S. Supreme Court." And Marcia Coyle of The National Law Journal reports that "Supreme Court Justices to Weigh Superfund Cleanup Liability." "Bills would limit use of 'state secrets'; Obama backs privilege in torture case": The Boston Globe contains this article today. And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Bill Would Limit Judges on State Secrets." "Cooper City widow gets cancer verdict against Philip Morris; Decision could mean big trouble for Big Tobacco in new round of cases": This article will appear Friday in The South Florida Sun-Sentinel. The Miami Herald has a news update headlined "Broward smoker's death due to addiction." The Associated Press reports that "Jury finds against tobacco company in smoker death." Bloomberg News reports that "Altria Loses First Phase of Trial in Smoker's Suit." And Reuters has a report headlined "Loss for cigarette maker in Florida smoker trial." "State Supreme Court agrees woman was a victim, not accomplice, in fatal crash": The Seattle Post-Intelligencer has a news update that begins, "The state Supreme Court has found that a woman who was a passenger in a car that crashed when it's drunken driver plowed into a concrete support post cannot be convicted as an accomplice to DUI. That's because she was a victim of that crime, the court ruled." And The Associated Press provides a report headlined "WA high court: victim of crash not DUI accomplice." My earlier coverage of the ruling, and links to the opinions, can be accessed here. "Will Obama keep some Bush antiterror tactics? The new administration's stance in a rendition case raises questions about how much it will break from past policy." Warren Richey of The Christian Science Monitor has this report. Posted at 10:47 PM by Howard Bashman "Obama administration goes to bat for secrecy": Bob Egelko of The San Francisco Chronicle has a news update that begins, "For the second time this week, the Obama administration has gone to court in San Francisco to argue for secrecy in defending a terrorism policy crafted under George W. Bush - in this case, wiretapping that President Obama denounced as a candidate." Posted at 10:44 PM by Howard Bashman Patricia A. Millett and law professor Cruz Reynoso discuss Justice Ruth Bader Ginsburg's recent cancer surgery, its impact on the U.S. Supreme Court, and how the Obama adminstration might fill a possible vacancy: You can hear the current broadcast of "Lawyer2Lawyer" at LegalTalkNetwork by clicking here (Windows Media Player required). Posted at 03:44 PM by Howard Bashman Fifth Circuit denies former Enron CEO Jeff Skilling's petition for rehearing en banc: The Houston Chronicle provides a news update that begins, "Former Enron Chief Executive Jeff Skilling won't get a second chance to argue his appeal before the 5th U.S. Circuit Court of Appeals, so he's going to try for the U.S. Supreme Court." Posted at 03:35 PM by Howard Bashman "Judge delivers 'KO punch' in Roger Clemens' defamation suit against former trainer Brian McNamee": The New York Daily News provides this update. Mary Flood of The Houston Chronicle has a news update headlined "Judge tosses most of Clemens lawsuit against trainer." MLB.com reports that "Most of Clemens' lawsuit dismissed; Judge rules Houston court lacks jurisdiction over events in New York." And ESPN.com reports that "Judge dismisses most of Clemens' suit." I have posted online at this link today's ruling of the U.S. District Court for the Southern District of Texas. "Court: La. hotel chain doesn't owe foreign workers." The Associated Press provides a report that begins, "A federal appeals court has ruled a Louisiana hotel chain wasn't obligated to cover the relocation expenses incurred by immigrant workers recruited to work in New Orleans after Hurricane Katrina." You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. "Plessy and Ferguson unveil plaque marking their ancestors' actions": This article appears today in The Times-Picayune of New Orleans. You can view a related photo at this link (via "Althouse"). Posted at 02:09 PM by Howard Bashman The curious case of Musladin's victim's supporters' buttons: On remand from the U.S. Supreme Court, today a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a ruling addressing the balance of Mathew Musladin's appeal from the denial of his federal habeas corpus petition. Suffice it to say that, this time, it won't be the State of California that'll be seeking U.S. Supreme Court review. Posted at 02:04 PM by Howard Bashman Don't blame the victim in Washington State: So rules the Washington State Supreme Court, by a 5-4 margin, in a decision issued today. The majority opinion begins, "Under Washington statutes, a person is not an accomplice to a crime if she is a victim of that same crime." The dissenting opinion, meanwhile, argues that "the majority's reading of the statute leads to absurd and untenable results." "Just In: Federal Court Reports on Autism-Vaccine Link." Tony Mauro has this post at "The BLT: The Blog of Legal Times." The Associated Press reports that "Court says vaccine is not to blame for autism." And an email from the Acting Clerk of Court of the U.S. Court of Federal Claims is titled "US Court of Federal Claims' Office of Special Masters Has Released Certain Autism Claim Decisions." You can access the decisions filed today via this link. "Why Some Constitutional Suits Don't Stand a Chance in Court": Jess Bravin has this article today in The Wall Street Journal. Posted at 10:42 AM by Howard Bashman "Smarts and zingers: Lawyers laud Carnes' intelligence, but are wary of his tough questioning and sharp retorts in opinions." Today in The Fulton County (Ga.) Daily Report, Alyson M. Palmer has an article that begins, "After a heated confirmation battle to secure his seat on the 11th U.S. Circuit Court of Appeals in 1992, Edward E. Carnes might have tread lightly in his early days on the bench. But a story about Carnes' first sitting as a judge, recounted by 11th Circuit Judge Joel F. Dubina at a May 2007 seminar in Atlanta, suggests that Carnes began his judicial career firing on all cylinders." Posted at 10:30 AM by Howard Bashman Sixth Circuit upholds the constitutionality of a Knox County, Tennessee ordinance that establishes licensing requirements and regulations for sexually-oriented businesses: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 10:17 AM by Howard Bashman "Chief justice seeks to abolish judicial elections; Jefferson says politics, money have destroyed Texans' confidence in justice": Chuck Lindell has this article today in The Austin American-Statesman. The newspaper also contains an editorial entitled "Retooling Texas' judiciary: Chief Justice Wallace Jefferson of the Texas Supreme Court warned the legislature that the U.S. Supreme Court may soon force it to change how state judges are selected." The Daily Texan reports today that "Chief justice advocates election changes; Jefferson proposes appointment of judges based on qualifications." And The Associated Press provides a report headlined "Jefferson: Change judicial selection system." You can access the text of Texas Chief Justice Wallace B. Jefferson's remarks yesterday on the "State of the Judiciary" in Texas by clicking here. "Senate Confirms Top Judge on State Court of Appeals": The New York Times today contains an article that begins, "The State Senate confirmed Jonathan Lippman as the new chief judge of New York State's highest court on Wednesday after a brief but occasionally noisy session during which several senators expressed dismay that the judicial-selection process did not produce a more diverse set of candidates." The Times Union of Albany, New York reports today that "Chief judge set to tackle pay issue; A judicial salary raise is needed, says Jonathan Lippman, the new leader of the state's top court." The Journal News of Westchester, New York reports that "Lippman confirmed as chief judge, pledges to reform selection process." And law.com reports that "Senate Confirms Lippman as Chief Judge." "Ex-death row inmate House to be tried again in June": In news from Tennessee, The Associated Press provides a report that begins, "A new murder trial for former death row inmate Paul House is to start June 1, allowing his lawyers more time to mount his defense. House spent almost 22 years on death row after he was convicted of murder in the 1985 slaying of Carolyn Muncey in Union County. The U.S. Supreme Court concluded in 2006 that evidence which emerged years after his original trial cast doubt on that conviction." Posted at 08:10 AM by Howard Bashman "Poll: Bush methods deserve inquiries; Focus on wiretaps, torture allegations." This front page article appears today in USA Today, which also contains a related article headlined "Reversed Bush policies still divide; Calls for investigations meet calls to move on." Posted at 07:55 AM by Howard Bashman "Next flash point over terror detainees: Bagram prison; With Guantanamo set to close, more attention is falling on the US military facility in Afghanistan and those in custody there." Warren Richey has this article today in The Christian Science Monitor. Posted at 07:48 AM by Howard Bashman "Judge Dismisses Defamation Action by 'Hot Chicks' Pictured With 'Douchebags'": law.com provides this report. My earlier coverage of last week's New Jersey state trial court ruling appears at this link. "Law Profs, Former Judges, Attorneys Urge Major Reforms for Supreme Court": Marcia Coyle of The National Law Journal has this report. Posted at 07:42 AM by Howard Bashman  
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