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Thursday, February 28, 2008 State of Texas seeks rehearing en banc of Fifth Circuit ruling that declared unconstitutional a Texas statute making it a crime to promote or sell sexual devices: You can access the rehearing petition, filed last week, at this link (via "The Legal Satyricon"). My earlier coverage of the Fifth Circuit's ruling from earlier this month appears at this link. "EBay patent case settled; It owns 'Buy It Now' after 6-year battle": The San Jose Mercury News provides a news update that begins, "EBay said Thursday that it reached a settlement that gives the online auction company the rights to the 'Buy It Now' patent that sparked a precedent-setting Supreme Court case, spurred a call for patent reform and shifted the leverage in patent battles." The Wall Street Journal on Friday will report that "EBay Ends Patent Fight With MercExchange." USA Today reports that "EBay settles 7-year dispute over patents." The Associated Press reports that "EBay Ends Patent Suit With MercExchange." Bloomberg News reports that "EBay Agrees to Settle 'Buy It Now' Patent Lawsuit." And Reuters reports that "EBay, MercExchange settle long legal battle." "Is Association Discrimination Disability Discrimination or Expense Discrimination?" At the "Workplace Prof Blog," Paul Secunda has this interesting post about a thought-provoking ruling (see, in particular, Circuit Judge Richard A. Posner's concurring opinion) that the U.S. Court of Appeals for the Seventh Circuit issued yesterday. Posted at 04:38 PM by Howard Bashman Seventh Circuit offers its take on the controversial religion-based "ministerial exception" to federal employment laws: Circuit Judge Richard A. Posner issued this ruling today on behalf of a unanimous three-judge panel. Posted at 12:54 PM by Howard Bashman "Swiss Bank Defends Wikileaks Shutdown": The Associated Press provides a report that begins, "The Swiss bank that won a court order shutting down a whistle-blower Web site said Thursday that it just wanted stolen and forged documents removed. 'It wasn't our intention to shut down the Web site,' bank spokesman Martin Somogyi told The Associated Press. 'Our intention was to remove the documents.'" The bank has also issued a press release that you can access here. "Help wanted: Times SCOTUS search begins." Mark Obbie has this post today at his "LawBeat" blog. And the "Media Mob" column of The New York Observer has an article headlined "Supreme-Court-Whisperer Linda Greenhouse Takes $300K Times Buyout." Federal government wins appeal challenging, as too lenient, criminal sentences arising from Arkansas cross-burning incident: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 11:37 AM by Howard Bashman "Detroit Mayor Loses Fight Over Secret Papers": The New York Times contains this article today. Today's edition of The Detroit News contains articles headlined "Kilpatrick loses court fight; Secret records heat up probes by council, prosecutor"; "Newly released papers show mayor tried to hide messages": and "Mayor ponders filing civil suit over text message leak; His attorney says only two people were supposed to get documents, not the media." And The Detroit Free Press contains articles headlined "Ruling called victory for public, council" and "Documents show keys to mayor's cover-up." My earlier coverage of yesterday's order of the Supreme Court of Michigan appears at this link "GOP Uses Surveillance Bill to Bash Democrats": This article appears today in The Washington Post. Posted at 08:40 AM by Howard Bashman "Former Prosecutor to Testify for Detainee": Today's edition of The New York Times contains an article that begins, "Until four months ago, Col. Morris D. Davis was the chief prosecutor at Guantanamo Bay and the most colorful champion of the Bush administration's military commission system." Posted at 08:37 AM by Howard Bashman "Court rejects California limits on ship emissions; Appellate judges say the state needs federal approval for the regulation, which was designed to cut pollution generated by ports": This article appears today in The Los Angeles Times. And today in The San Francisco Chronicle, Bob Egelko reports that "Court tosses state ship emissions standard." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Supreme Court may be divided over Exxon Valdez damages; Several justices seem likely to slash the record punitive award in the oil-spill case": David G. Savage has this article today in The Los Angeles Times. Today in USA Today, Joan Biskupic reports that "High court appears split on Exxon case; Justices debate appeal of $2.5B ruling in 1989 oil spill." The Anchorage Daily News contains articles headlined "Exxon makes last pitch; Justices seem willing to cut damages but not dismiss them outright" and "Plaintiffs watch, wait and worry; Talk of a new standard bothers Alaskans in D.C." The Fairbanks Daily News-Miner reports that "Exxon asks Supreme Court to toss out damages." The Kodiak Daily Mirror reports that "Kodiakans respond to oil spill arguments at Supreme Court." And in The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "At the High Court, Damage Control." "Too confident in the FDA": The Boston Globe today contains an editorial that begins, "Last week, the US Supreme Court ruled that patients injured by defective medical devices have no right to sue for damages if the devices were approved by the Food and Drug Administration." Posted at 08:12 AM by Howard Bashman "Web surpasses TV, papers as top news source": This article appears today in The Washington Times. More details on the survey can be accessed here. "Supreme Court Alters Tone in Discrimination Case": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Justices Let Age Bias Lawsuit Move Ahead." In USA Today, Joan Biskupic reports that "Court allows suit against FedEx; Justices criticize agency over forms in age bias case." And Jess Bravin of The Wall Street Journal reports that "High Court Rules Age Case Can Proceed; Court Lets Workers Suit Proceed Despite Failure Of EEOC to Notify Firm." "Judge Mulls Limit on Travel Ban to Rogue States": Joseph Goldstein has this article today in The New York Sun. Posted at 07:52 AM by Howard Bashman "McCain's Canal Zone Birth Prompts Queries About Whether That Rules Him Out": The New York Times today contains an article that begins, "The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming." Posted at 07:45 AM by Howard Bashman "As Retired Justice O'Connor Speaks Out Against the Problems Plaguing State Judicial Elections, the Supreme Court Still Refuses to Allow Reform": Edward Lazarus has this essay online today at FindLaw. Posted at 07:30 AM by Howard Bashman  
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