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Wednesday, April 30, 2008 San Diego Padres 4, Philadelphia Phillies 2: I was at Citizens Bank Park in Philadelphia this evening with some friends, to watch the Phillies host the Padres on Toyota Jamie Moyer 2007 NL East Champions Bobble Figurine night. Moyer, who happened to be this evening's starting pitcher for the Phillies, recorded his first base hit of the season. Unfortunately, the Phillies did not win the game, and Moyer took the loss. On the bright side, the Phillies are off to their best start in years and are just one-half game out of first place in the National League East. You can access the box score of tonight's game at this link, while wraps from MLB.com are available here and here. Fourth Circuit again reinstates "dirty dancing" plaintiff's equal protection claim: Back on October 7, 2005, I had a post titled "Allegedly provocative dancer banished, due to her supposedly suggestive moves, from dances held at town's community center brings federal civil rights claim and wins a portion of her Fourth Circuit appeal from an order dismissing the case" reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued that day. On remand, following discovery, the federal district court granted summary judgment against the plaintiff on her equal protection claim. Today, however, a unanimous three-judge Fourth Circuit panel, by means of a non-precedential ruling, has reversed the grant of summary judgment and has remanded the case for trial. As a result, it appears that the U.S. District Court for the Western District of North Carolina, at Asheville, will soon need to conduct a "dirty dancing"-related trial. And another Fourth Circuit appeal in this case could result therefrom. "US murky on judges' role in reviewing Guantanamo Bay cases": The Associated Press provides a report that begins, "The Bush administration assured the Supreme Court last December that Guantanamo Bay prisoners who felt they were unfairly being detained could have their cases thoroughly reviewed by a federal appeals court. Now, it's not so clear." Posted at 03:00 PM by Howard Bashman "Abortion ultrasound bill fails on tie vote": The Miami Herald provides a news update that begins, "A proposed law requiring all Florida women seeking an abortion to have an ultrasound -- then have a chance to view the image and have it explained to her -- failed in a tie vote Wednesday after almost 90 minutes of impassioned debate about privacy, pregnancy and women's rights that crossed party lines." Posted at 12:47 PM by Howard Bashman "People of Lesbos take gay group to court over term 'Lesbian'": The Associated Press provides a report that begins, "A Greek court has been asked to draw the line between the natives of the Aegean Sea island of Lesbos and the world's gay women." Posted at 12:10 PM by Howard Bashman Best wishes to the anonymous author of the "Decision of the Day" blog: As this post from today indicates, the blog may have reached its conclusion. Posted at 11:48 AM by Howard Bashman "Circuit Court will make rare Albany sitting": The Times Union of Albany, New York today contains an article that begins, "Court junkies, take notice. For the first time in recent memory, the U.S. Court of Appeals for the 2nd Circuit -- an appellate court in the federal system -- is coming to Albany next month to hear cases." According to the article, this marks the first time since 1994 or 1995 that the Second Circuit has heard oral argument outside of New York City. Posted at 11:22 AM by Howard Bashman Second Circuit holds that the Protection of Lawful Commerce in Arms Act requires dismissal of New York City's lawsuit, against manufacturers and wholesale sellers of firearms, seeking injunctive relief to inhibit the diversion of guns into illegal markets: You can access today's ruling, by a divided three-judge panel, at this link. At the blog "Wait A Second!" Stephen Bergstein discusses the ruling in a post titled "Statute prohibiting lawsuits against gun industry is constitutional." Update: The Associated Press reports that "Appeals court tosses out NYC lawsuit against gun industry." "Justices come off the bench to chat; Possibly signaling a new era of openness, Scalia and several court colleagues are granting interviews": James Oliphant has this article today in The Chicago Tribune. Posted at 11:08 AM by Howard Bashman "Bin Laden's driver 4th to boycott military trials; Despite a judge's pleas, Osama bin Laden's driver Salim Hamdan apologetically declared a boycott of his trial at Guantanamo Bay": Carol Rosenberg has this article today in The Miami Herald. The Washington Post reports today that "Guantanamo Detainee Rejects Court Procedure." And The New York Times contains an article headlined "An Apologetic Boycott in Good-Natured Banter." "Florida abortion bill debate gets hypothetical; The Senate debate over a bill that would require women seeking abortions to first pay for a sonogram turned to hypothetical scenarios": This article appears today in The Miami Herald. Posted at 09:30 AM by Howard Bashman "Supreme Court is rejecting broad legal challenges; Its ruling on Indiana's voter ID law signals that the justices want evidence of actual violations of constitutional rights": David G. Savage has this article today in The Los Angeles Times. Posted at 09:25 AM by Howard Bashman "State Asks Supreme Court to Permit Execution; Defense Objects to Lethal Drug Protocol": Today in The Washington Post, Robert Barnes has an article that begins, "The U.S. Supreme Court will consider next month whether to allow Virginia to set an execution date for a death row inmate who contends that the commonwealth's lethal injection procedures do not meet the standards that the court recently found constitutional." Posted at 09:22 AM by Howard Bashman "Lawyer Urges Canada to Try a Citizen Held by U.S. Forces": This article appears today in The New York Times. The Toronto Globe and Mail reports today that "Khadr a typical Canadian, lawyer says; In first appearance before parliamentary committee, defence team pushes for repatriation of Canadian accused of killing U.S. soldier." And The Toronto Star contains an article headlined "Canada is Khadr's 'only hope'; Accused war criminal wouldn't be a risk if returned, his U.S. military lawyer tells Commons committee." "Judge Dismisses Connecticut's Challenge to Education Law": The New York Times today contains an article that begins, "A federal judge has dismissed a closely watched challenge to President Bush's signature education law, ruling that the State of Connecticut failed to prove that federal officials had forced it to spend its own money to comply with the law’s requirements." And The Hartford Courant reports today that "Last Of State's No-Child Suit Dismissed." You can access at this link Monday's ruling of the U.S. District Court for the District of Connecticut. "Montana Museum Board Breached Duty, Court Says": Today's edition of The New York Times contains an article that begins, "The Montana Supreme Court dismissed on Tuesday the board of the Charles M. Bair Family Museum in Martinsdale, Mont., saying it breached its fiduciary duties by closing the museum in 2002." The Billings Gazette reports today that "Board erred in closing Bair museum, high court rules; Ruling orders trustee to replace board members." And The Great Falls Tribune reports today that "Ruling will keep Bair home open." You can access yesterday's ruling of the Supreme Court of Montana at this link. In addition, the briefs filed in the case can be accessed via this link. "Foreign Law and the First Amendment: How British courts threaten free speech in America." Floyd Abrams has this op-ed today in The Wall Street Journal. Posted at 08:40 AM by Howard Bashman "Judicial Nominee Argued Against Education Dept." Today in The New York Sun, Joseph Goldstein has an article that begins, "A lawyer who recently argued a case at the U.S. Supreme Court against the city's Department of Education has been nominated for a federal judgeship in New York." And today in The Salt Lake Tribune, Pamela Manson reports that "Bush picks SLC trial lawyer Waddoups for federal judgeship." You can view the official announcement of yesterday's federal judicial nominations at this link. "Rambus Wins on Shredding Appeal": law.com provides this report. And Reuters reports that "Rambus says court sides with it in Samsung suit." You can access yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. "Tension Mounts Over U.S. Bench Vacancies; A total of 28 nominees await approval; some deals are being made": Pamela A. MacLean has this article in this week's issue of The National Law Journal. Posted at 08:09 AM by Howard Bashman "Kennedy v. Louisiana and the Lessons of a Supreme Court Oral Argument": Sherry F. Colb has this essay online today at FindLaw. Posted at 08:05 AM by Howard Bashman  
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