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Tuesday, April 08, 2008 "State Supreme Court sides with insurance companies": The Times-Picayune of New Orleans provides a news update that begins, "The Louisiana Supreme Court on Tuesday rejected arguments that homeowner insurance policies should have covered damages caused by levee breaches during Hurricane Katrina, saying the disaster clearly involved a 'flood' not covered by such policies." And Reuters reports that "Louisiana Supreme Court upholds Katrina flood exclusions." You can access today's ruling of the Supreme Court of Louisiana at this link. "State Supreme Court questions charges filed against judge's opinion": The Associated Press provides a report that begins, "The Florida Supreme Court has asked a judicial panel to explain why it filed ethics charges, apparently for the first time in the state's history, against a judge because of what he wrote in an opinion." My most recent earlier coverage appears at this link. "Barzee meds on hold until U.S. Supreme Court weighs in": The Salt Lake Tribune contains this article today. And The Deseret Morning News reports today that "Court extends stay on medicating Barzee." "Kansas Supreme Court hears arguments about grand jury's bid for abortion provider's records": This article will appear Wednesday in The Kansas City Star. Posted at 11:27 PM by Howard Bashman Available online from law.com: Shannon P. Duffy reports that "Suicide Warning Suits Pre-Empted; Makers of Paxil, Zoloft Win." My earlier coverage of today's Third Circuit ruling appears at this link. In other news, "9th Circuit Judges Blast Order Barring ADA Lawyer." My earlier coverage of yesterday's Ninth Circuit denial of rehearing en banc appears at this link. And Carl W. Hittinger and Jarod M. Bona have an essay entitled "Recent High Court Rulings Don't Deserve 'Pro-Business' Label." "As many crack convicts are freed early, will crime rise? Of the 19,500 drug offenders eligible over the next 30 years to apply for early release, 3,417 have had their sentences reduced as of Monday." This article will appear Wednesday in The Christian Science Monitor. Posted at 11:07 PM by Howard Bashman "Congress Considers Federal Shield Law": This audio segment (RealPlayer required) featuring Toni Locy and Matt Cooper appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 11:02 PM by Howard Bashman "Record Shopping: The antiquated Kansas law that abortion opponents are using to pry into women's medical histories." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 10:22 PM by Howard Bashman "Mistrial declared in Wecht case; new trial set for May 27": The Pittsburgh Post-Gazette provides a news update that begins, "The jury in the public corruption trial of former Allegheny County Coroner Cyril Wecht has failed to reach a verdict on any of the federal charges against him, and a judge today declared a mistrial. U.S. District Judge Arthur Schwab made the announcement at 9:25 a.m. today after the jury told him it remained hopelessly deadlocked following 10 days of deliberations. The government immediately announced it would try the case again and Judge Schwab set May 27 for the start of a new trial." And Jason Cato of The Pittsburgh Tribune-Review provides a news update headlined "Wecht trial over; feds to try again." "Scalia to Plug Book on '60 Minutes'": Mark Sherman of The Associated Press provides this report. Posted at 02:57 PM by Howard Bashman "[I]f we know both the probability of a fatal accident and the benefit that a person would demand to bear it we can estimate a value of life and use that value to calculate damages in wrongful death cases." Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, issued this decision today in a medical malpractice-wrongful death case. Posted at 02:05 PM by Howard Bashman "Santeria Rights Defended": The Becket Fund for Religious Liberty today issued a news release that begins, "An appeal was filed against the city of Euless, Texas, today by the Becket Fund for Religious Liberty, which represents Jose Merced, a Santeria priest. Merced is seeking the right to practice his religion, which includes animal sacrifice. The appeal is to the federal Fifth Circuit Court of Appeals in New Orleans." Posted at 12:32 PM by Howard Bashman In today's mail: A review copy of Seventh Circuit Judge Richard A. Posner's new book, "How Judges Think." I'm really looking forward to reading this. Posted at 12:17 PM by Howard Bashman Divided three-judge Third Circuit panel issues FDA preemption ruling in cases alleging a failure to warn of increased risk of suicide for patients taking Paxil or Zoloft: By a vote of 2-1, today's ruling (in which a visiting judge provides the deciding vote) holds that the plaintiffs' state law claims are preempted by federal law. Because the decision is not yet available over the Third Circuit's web site, I have posted the ruling at this link. [Update: The Third Circuit has now posted its decision here.] After this case was argued in December 2007, Shannon P. Duffy of The Legal Intelligencer had an article headlined "Pre-emption Issue Weighed in Label Cases; 3rd Circuit hears arguments on antidepressant warnings." "Ten Commandments back in court: The Supreme Court will consider whether putting them in a park means giving other religions a place in the sun too." The Los Angeles Times contains this editorial today. Posted at 10:58 AM by Howard Bashman "UT sued for considering race in admissions; Rejected student, who is white, contends university discriminated": This article appears today in The Austin American-Statesman. The Houston Chronicle reports today that "White teen sues UT over admissions policy; Sugar Land student, in top of class, challenges racial preferences." And The Daily Texan reports that "UT faces suit for use of race in admissions." My earlier coverage of the lawsuit, filed yesterday, appears at this link. "Scalia Goes on '60 Minutes' - Voluntarily": This morning at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "We've just confirmed an extraordinary bit of news from an unimpeachable but anonymous source: Supreme Court Justice Antonin Scalia will be featured on the CBS News show '60 Minutes' April 27 in connection with the publication the next day of the new book he has co-authored, called Making Your Case: The Art of Persuading Judges." Posted at 09:48 AM by Howard Bashman "At Justice, New Pressure To Release Documents": This article appears today in The Washington Post. Posted at 08:28 AM by Howard Bashman "Facebook Reportedly Near Accord Over Origin": The New York Times today contains an article that begins, "Facebook may soon close an uncomfortable chapter in its brief history: a legal dispute over its origins." And The Harvard Crimson reports today that "Facebook Lawsuit To Come To End." As I previously noted in this post, last week the U.S. Court of Appeals for the First Circuit issued this decision in that lawsuit. "Challenges Arise to Border Fence Project": Today in The New York Times, Adam Liptak has this new installment of his "Sidebar" column. Posted at 08:17 AM by Howard Bashman "Alleged 9/11 plotters get military attorneys": Carol Rosenberg has this article today in The Miami Herald. Posted at 08:14 AM by Howard Bashman "Wecht waits another day": Today in The Pittsburgh Tribune-Review, Jason Cato has an article that begins, "On one of the warmest days of the year, with PNC Park packed for the Pirates home-opener, jurors in Dr. Cyril H. Wecht's federal public corruption trial called it a day before lunch. The six women and five men, who have told the judge they are hopelessly deadlocked, met Monday from 8 a.m. until 11:55 a.m. before deciding that Wecht, the former Allegheny County coroner, will have to wait at least one more day before learning his fate. The jurors will resume deliberations this morning." Posted at 08:07 AM by Howard Bashman Available online from law.com: An article reports that "In Long-Awaited Ruling, Calif. High Court Sends Medical Leave Case Back." You can access yesterday's ruling of the Supreme Court of California at this link. And today's installment of my "On Appeal" column is headlined "Dissent Without Limits: Can You Vote Against Something That You Can't Vote For?" "The law according to Justice Scalia": Edward Fitzpatrick has this article today in The Providence (R.I.) Journal. Posted at 07:58 AM by Howard Bashman "High court considers death penalty in child rape; Man convicted of raping 8-year-old stepdaughter": Joan Biskupic has this article today in USA Today. Posted at 07:50 AM by Howard Bashman "The U.S. Court of Appeals for the Second Circuit Deals a Severe Blow to the Plaintiffs in a Class Action Involving Allegations of Fraud Relating to 'Lights' Cigarettes": Anthony J. Sebok has this essay online today at FindLaw. Posted at 07:40 AM by Howard Bashman  
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