How Appealing

Tuesday, March 4, 2014

"When Prosecutors Admit to Cheating: Federal attorneys in San Diego knew they had gotten an unfair conviction; And to their immense credit, they asked an appeals court to make things right." Andrew Cohen has this essay online at The Atlantic.
Posted at 11:30 PM by Howard Bashman


"As Basic hangs in the balance, next SCOTUS securities case looms": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has this report.
Posted at 11:27 PM by Howard Bashman


"Ex-U.Va. lacrosse player's murder conviction upheld": Frank Green of The Richmond Times-Dispatch has a news update headlined "The Virginia Court of Appeals on Tuesday upheld the second-degree murder conviction of George Huguely V, convicted of killing fellow University of Virginia student Yeardley Love."

The Baltimore Sun has a news update headlined "Virginia court upholds murder conviction in killing of Yeardley Love; George Huguely's lawyers had appealed 2012 conviction."

And The Associated Press reports that "Huguely murder conviction upheld."

You can access today's ruling of the Court of Appeals of Virginia at this link.
Posted at 11:18 PM by Howard Bashman



"Fight over cross heads to Supreme Court": The San Diego Union-Tribune has this news update.

And The Associated Press reports that "Group asks Supreme Court to allow California cross."
Posted at 10:04 PM by Howard Bashman



"State high court seems to favor naming police officers in shootings": Maura Dolan of The Los Angeles Times has this news update.
Posted at 07:40 PM by Howard Bashman


"German home-school family won't be deported": The Associated Press has this report.
Posted at 04:46 PM by Howard Bashman


"Does Precedent or Congressional Action Prevent the Supreme Court from Reconsidering the Fraud-on-the Market Doctrine in Halliburton?" Attorney Andrew J. Pincus has this post today at Mayer Brown's "Class Defense" blog.
Posted at 02:11 PM by Howard Bashman


"Federal Judge Rules for Chevron in Ecuadorean Pollution Case": The New York Times has this news update.

And The Wall Street Journal has a news update headlined "Chevron Wins Civil Suit Fighting $9.5 Billion Judgment; U.S. Judge Says 2011 Ecuador Decision Against Oil Company Obtained by 'Corrupt' Means." You can freely access the full text of this article via Google.

My earlier coverage of today's ruling appears at this link.
Posted at 01:40 PM by Howard Bashman



"Argument analysis: To decide, or not." At "SCOTUSblog," Lyle Denniston has a post that begins, "The more questions the Supreme Court Justices asked on Tuesday about the facts in a high-speed police chase case, the more they showed a willingness -- maybe even an eagerness -- to rule for the police."

Update: In other coverage, Mark Sherman of The Associated Press reports that "High court appears to favor police sued over chase."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Plumhoff v. Rickard, No. 12-1117.
Posted at 01:25 PM by Howard Bashman



"BP Must Live With Oil-Spill Settlement Terms, Court Rules": Bloomberg News has this report.

And The Times-Picayune of New Orleans reports that "In BP oil disaster, appeals court rules claimants need not prove direct harm."

My earlier coverage of yesterday's Fifth Circuit ruling can be accessed here.
Posted at 01:22 PM by Howard Bashman



"Justices give whistle-blower protections to contractors; The case grew out of legislation passed by Congress in the wake of the Enron scandal in 2001": Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that "U.S. justices extend employee whistleblower protections."

And Greg Stohr of Bloomberg News reports that "Sarbanes-Oxley Whistle-Blower Shield Expanded by Court."
Posted at 01:14 PM by Howard Bashman



"Beshear: Outside lawyer to appeal Kentucky gay-marriage ruling after attorney general refuses." The Louisville Courier-Journal has this news update.

The Lexington Herald-Leader has a news update headlined "Beshear: Ky. will appeal federal judge's ruling in same-sex marriage case without Conway."

And The Associated Press reports that "Ky. to use outside counsel in gay-marriage case."
Posted at 11:54 AM by Howard Bashman



Sixth Circuit affirms the rejection of various federal constitutional challenges to provisions of the Ohio Dangerous Wild Animals and Restricted Snakes Act: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:22 AM by Howard Bashman


"NY judge rules for Chevron in Ecuador case": The Associated Press has a report that begins, "A New York judge says Amazon rainforest residents who obtained a multibillion-dollar judgment against Chevron in Ecuador cannot try to enforce it through U.S. courts, because it was obtained through fraud."

Bloomberg News reports that "Chevron Wins U.S. Ruling Calling Ecuador Judgment Fraud."

And Reuters reports that "U.S. judge rules for Chevron in Ecuador environmental case."

You can access today's 497-page ruling of the U.S. District Court for the Southern District of New York at this link. And for those still hungry for even more reading material, an 89-page appendix accompanies that opinion.
Posted at 10:14 AM by Howard Bashman



Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Lawson v. FMR LLC, No. 12-3. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Clarence Thomas joined. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Anthony M. Kennedy and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. And Justice Scalia delivered the opinion for a unanimous Court in Law v. Siegel, No. 12-5196. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Broad protection for whistleblowers" and "Court: Exempt funds protected in bankruptcy."
Posted at 10:05 AM by Howard Bashman



"Supreme Court refuses Farmers Branch immigration ordinance": This article appears today in The Dallas Morning News.

And in related news, The Wichita Eagle reports that "Kobach's drive against illegal immigration set back as U.S. Supreme Court declines cases."
Posted at 09:58 AM by Howard Bashman



"Justice Department sides with broadcasters in fight against Aereo": The Los Angeles Times has this report.

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "U.S. Government Supporting TV Broadcasters in Aereo Fight at Supreme Court; The executive and legislative branches rally behind the TV broadcasters in their big copyright dispute."
Posted at 09:54 AM by Howard Bashman



"US Supreme Court weighs hearing Delaware Chancery Court appeal": In today's edition of The News Journal of Wilmington, Delaware, Sean O'Sullivan has an article that begins, "The legal papers have all been filed and it is now up to the U.S. Supreme Court to decide if it will hear the Delaware Court of Chancery's appeal to revive its controversial secret arbitration program."
Posted at 09:52 AM by Howard Bashman


"Wild police chase that ended with two dead before Supreme Court": Bill Mears of CNN.com has this report.
Posted at 09:47 AM by Howard Bashman


"Disputed study's author testifies on gay marriage": Ed White of The Associated Press has this report from Detroit.
Posted at 09:44 AM by Howard Bashman


"Judge Posner, Judge Wilkinson, and Judicial Critique of Constitutional Theory": Law professors Marc O. DeGirolami and Kevin C. Walsh have posted this article online at SSRN.

The also have discussed the article at the "Mirror of Justice" blog (see here and here).
Posted at 09:36 AM by Howard Bashman



"U.S. top court considers fate of class action investor lawsuits": Lawrence Hurley of Reuters has this report.
Posted at 09:32 AM by Howard Bashman


"Seamus McCaffery Accuses Inky, Daily News of Libel; Justice Seamus McCaffery and his wife have filed papers in Philadelphia court": Philadelphia Magazine today has a blog post that begins, "Law 360 (paywall) reports that Pennsylvania Supreme Court Justice Seamus McCaffery has announced plans to sue the Inquirer and Daily News, claiming he and his wife were libeled in a series of articles that claimed she received fees for steering cases to personal injury firms."
Posted at 08:19 AM by Howard Bashman


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