How Appealing

Monday, March 31, 2014

"Coming soon: Supreme Court ruling on Michigan's affirmative action ban in college admissions." Kellie Woodhouse of has this report today.
Posted at 10:42 PM by Howard Bashman

"Wal-Mart Wins Dismissal of Texas Women's Class Action": Back in October 2012, Margaret Cronin Fisk of Bloomberg News had a report that begins, "Wal-Mart Stores Inc., the world's largest retailer, doesn't have to face class-action gender-discrimination claims in a federal court lawsuit in Texas, a judge ruled."

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a decision reversing the lawsuit's dismissal.
Posted at 10:14 PM by Howard Bashman

"Supreme Court Justices Give Software Patents A Pass, Zero In On Business Methods": Daniel Fisher has this post at

And at "Patently-O," Dennis Crouch has a blog post titled "Unpatentable: See Bilski, Mayo, Flook, and Benson."
Posted at 08:04 PM by Howard Bashman

"Senate Confirms John B. Owens to Seat on Ninth Circuit Court of Appeals": The Public Information office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Finally, Trott Seat Filled, Owens Confirmed to Circuit."

You can access today's U.S. Senate official roll call vote tally, confirming the nomination by a vote of 56-to-43, at this link. Currently, the Ninth Circuit has 28 active judges and only one vacancy.
Posted at 07:54 PM by Howard Bashman

"Observer: Panel on Utah gay marriage case 'slightly' conservative." Brooke Adams of The Salt Lake Tribune has this news update.

The article refers to my "20 questions for the appellate judge" interview with Tenth Circuit Judge Paul J. Kelly, Jr.

And in other coverage, The Deseret News has an update headlined "Appeals court assigns 3 judges to hear Utah same-sex marriage case."
Posted at 07:45 PM by Howard Bashman

"US appeals ruling to let lawyers see secret files": The Associated Press has this report on the federal government's brief for appellant filed today in the U.S. Court of Appeals for the Seventh Circuit.
Posted at 06:20 PM by Howard Bashman

"Affirmative action non-action still causing waves in Sacramento; Senate measure on affirmative action ban in public education was shelved, but friction among Democrats over the fallout lingers": This front page article appears today in The Los Angeles Times.
Posted at 05:06 PM by Howard Bashman

"Supreme Court Seems Wary of a Software Patent Case": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 05:02 PM by Howard Bashman

Divided 11-judge en banc Ninth Circuit panel reinstates excessive use of force claim against two Anaheim police officers who used deadly force against the driver of a minivan: You can access today's ruling at this link.

In earlier coverage of the original divided three-judge panel's ruling, Maura Dolan of The Los Angeles Times had an article headlined "Federal court rules Anaheim officers didn't use excessive force; A divided U.S. 9th Circuit Court of Appeals rules that the two officers didn't use excessive force in a 2009 incident in which a suspect was fatally shot."

Circuit Judge Richard R. Clifton, who dissented from the three-judge panel's ruling, wrote the majority opinion for the en banc panel.

Update: In other coverage, Courthouse News Service reports that "Lethal-Force Case Divides En Banc 9th Circuit."
Posted at 02:08 PM by Howard Bashman

"Supreme Court could limit software patents": The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Supreme Court considers patent protections for software."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Alice Corp. v. CLS Bank Int'l, No. 13-298.
Posted at 12:50 PM by Howard Bashman

"Health Caring: Obamacare and the poor." Jeffrey Toobin has this Comment in the Talk of the Town section of the April 7, 2014 issue of The New Yorker.
Posted at 09:47 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court granted review in one new case.

In early news coverage, The Associated Press reports that "Supreme Court takes up drug company dispute" and "Court rejects new cases on birth control coverage."

Lawrence Hurley of Reuters reports that "U.S. justices agree to hear Teva's Copaxone appeal"; "U.S. top court declines to hear new contraception cases"; and "U.S. top court declines to hear patent case on glaucoma drug."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on patent appeals."
Posted at 09:34 AM by Howard Bashman

"U.S. top court considers patent protections for software": Lawrence Hurley of Reuters has this report.

And Greg Stohr and Susan Decker of Bloomberg News have a report headlined "Edison Echoed as U.S. Court Looks at Software Patents."
Posted at 08:22 AM by Howard Bashman

"The Senate's Discourtesy to Judges": This editorial appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman

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