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Saturday, July 22, 2006 DontDateHimGirl.com seeks to dismiss lawsuit brought against it by Pittsburgh-based attorney who claims postings on that web site have defamed him: The motion to dismiss argues both that personal jurisdiction is lacking over the defendants in Pennsylvania and that the federal law known as the Communications Decency Act makes the defendants immune from liability on the plaintiff's claims. You can access the motion to dismiss at this link, while the affidavit filed in support thereof is here. I am advised that the defendants' brief in support of the motion to dismiss is due October 5, 2006, the plaintiff's opposing brief is due October 12, 2006, and the motion is due to be argued on October 19, 2006. I previously posted plaintiff's complaint at this link. U.S. District Court's "generalized disagreement with Congress's policy of punishing crack cocaine offenders more severely than powder cocaine offenders through the 100-to-1 crack-to-powder drug quantity ratio" was an impermissible basis to mitigate convicted criminal's sentence, Eleventh Circuit holds: You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Posted at 08:44 PM by Howard Bashman "Ninth Circuit Court of Appeals Begins Special Sitting in Anchorage": The U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday. Posted at 08:30 PM by Howard Bashman "Cohabitation law ruling doesn't apply statewide": The Raleigh News & Observer contains this article today. Posted at 08:14 PM by Howard Bashman "L.A. Superior Court Drops Volunteer Judge Who Threatened to Deport Woman; Bruce R. Fink is removed from a list of substitute jurists after telling an illegal immigrant seeking a restraining order against her husband that he'd have her sent back to Mexico": This article appears today in The Los Angeles Times. Posted at 08:12 PM by Howard Bashman "2 Years Late, Courts Chief Moves In; Administrator Failed to Meet Job's Residency Requirement": The Washington Post today contains an article that begins, "The D.C. Courts' top administrator, Anne B. Wicks, did not meet her job's residency requirement for more than two years, going home to a house in Arlington County -- until a couple of weeks ago. After an anonymous tip to the D.C. inspector general's office in March, Wicks's boss, D.C. Court of Appeals Chief Judge Eric T. Washington, ordered her to move into the District promptly. For months after that, she remained in Virginia." Posted at 08:05 PM by Howard Bashman "Lawyer Ads Cannot Tout 'Super' Status": The New York Times today contains an article that begins, "They may be pronounced 'Super Lawyers' by a magazine supplement, and their names may appear in a 'Best Lawyers in America' directory. But under a decision by a State Supreme Court committee, these best-credentialed and best-paid New Jersey lawyers may no longer advertise those honors." Posted at 07:55 PM by Howard Bashman "Farber apologizes but won't step down; In interview, AG says she will resign only if probe concludes she should": The Newark (N.J.) Star-Ledger today contains an article that begins, "Attorney General Zulima Farber yesterday apologized for going to her boyfriend's aid during a traffic stop, but said she has no intention of resigning unless an independent investigation concludes that she should." And in related coverage, The New York Times today contains an article headlined "In His Hands: Attorney General's Fate." "Group appeals government eavesdropping ruling": Declan McCullagh of c|net News.com provides a report that begins, "A coalition of civil liberties groups and technology companies, including Pulver.com and Sun Microsystems, is appealing a federal court ruling that forces Internet service providers to create backdoors for government wiretapping. The coalition on Friday asked the full U.S. Court of Appeals in Washington, D.C., to review a June 9 ruling that sided with the Bush administration." My earlier coverage of that ruling appears at this link (second item). "Age Bias: Suit Dismissed; High-court justice's claims are tossed out." The Tulsa World today contains an article that begins, "A federal appeals court on Friday threw out the lawsuit of 85-year-old Oklahoma Supreme Court Justice Marian Opala, who alleged that the state high court's other eight justices discriminated against him because of his age." And The Oklahoman today contains an article headlined "Court dismisses discrimination suit" that begins, "The 10th Circuit Court of Appeals on Friday dismissed Oklahoma Supreme Court Justice Marian Opala's age discrimination lawsuit against his peers. Opala, 85, claimed a rule change kept him from becoming chief justice in 2005." You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. Back on January 5, 2005, Adam Liptak of The New York Times had an article about the case headlined "Oklahoma Judge, 83, Files Bias Suit Against Colleagues." "Hatch takes up residency in Oklahoma prison; Lawyers for the Survivor winner and convicted tax evader are trying to get him moved to Rhode Island or Florida": The Providence (R.I.) Journal today contains an article that begins, "It's not a show, but it is reality for Richard Hatch. It's Survivor: Oklahoma. For the first time since he was sentenced to 51 months in prison for evading taxes on his $1-million Survivor jackpot and other income, Hatch, 45, has been moved to a federal facility. He arrived several days ago at the Federal Transfer Center in Oklahoma City, having been held at the Plymouth County Correctional Facility, in Massachusetts, since his conviction in May." Posted at 03:28 PM by Howard Bashman "Judge in Wecht case won't withdraw": Yesterday's edition of The Pittsburgh Post-Gazette contained an article that begins, "The federal judge in the criminal case against former Allegheny County Coroner Dr. Cyril H. Wecht refused to remove himself from the case yesterday. In a 58-page opinion, filled with baseball analogies and quotes from historical figures, U.S. District Judge Arthur J. Schwab rejected the notion that he is biased in favor of the prosecution or that Dr. Wecht cannot get a fair trial." I have posted online at this link a copy of Thursday's ruling of the U.S. District Court for the Western District of Pennsylvania. "Taft must release memos; Ohio Supreme Court further defines 'executive privilege'": The Columbus Dispatch today contains an article that begins, "The Ohio Supreme Court yesterday shot down Gov. Bob Taft's bid to keep secret more than 200 weekly memos from advisers, but open-government advocates said the decision also contains a dark omen for people seeking records from Taft and future governors." The Toledo Blade reports today that "Taft papers not subject to privilege; Ohio top court says open-record laws apply." And The Cleveland Plain Dealer contains an article headlined "Taft records public, or are they? Court calls records public but says Taft doesn't have to give them up." You can access yesterday's ruling of the Supreme Court of Ohio at this link. And that court's own summary of its ruling is headlined "Court Defines Scope of Executive Privilege, Says Dann Has All Taft's BWC-Related Reports." "Appeals court to hear punch-card ballot case": From Ohio, The Associated Press reports here that "A full appeals court agreed Friday to consider whether punch-card ballots, commonly used by voters across the country for decades, violated Ohio voters' rights because counties could not ensure that the ballots were counted. The state asked the full 6th U.S. Circuit Court of Appeals in Cincinnati to consider the case after its three-judge panel upheld a lower-court ruling against the state on April 21." My earlier coverage of that ruling can be accessed here. And Law Professor Rick Hasen, at his "Election Law" blog, has this post about the grant of rehearing en banc. In addition, Rick is quoted in an AP article headlined "Courts more involved in election spats." "Court's opinion released on electronic voting": The Pittsburgh Tribune-Review today contains an article that begins, "Pennsylvania's Supreme Court has released a written opinion explaining the seven justices' March ruling that allowed electronic voting statewide last spring despite a local group's contention that voters should have decided for themselves." Thursday's ruling of the Supreme Court of Pennsylvania consists both of a majority opinion and a concurring opinion. "Senate confirms Shepherd": The Texarkana Gazette today contains an article that begins, "U.S. Magistrate Bobby Shepherd has more or less been hired by the U.S. Senate in an unanimous voice vote to take a seat on the 8th U.S. Circuit Court of Appeals. Shepherd serves as a magistrate for Southwest Arkansas' federal courts that includes Texarkana, Ark., El Dorado, and Hot Springs. The El Dorado resident will take the seat of Justice Morris 'Buzz' Arnold, of Texarkana, who is retiring on Oct. 8, his birthday." The article goes on to note that "Shepherd is now one of four Southwest Arkansas men who have served on the 8th Circuit bench. The others were the late Chief Justice Richard S. Arnold, his brother, Morris 'Buzz' Arnold--both of Texarkana, and Justice Lavenski Smith, of Hope." "A legacy oil heir never wanted; Kin: He fought for father's wish, not own, in estate battle with Playmate." The Dallas Morning News today contains an article that begins, "E. Pierce Marshall hated publicity and other people's lawyers. Yet he willingly spent the last 11 years of his life embroiled in courtroom battles for his father's immense fortune against a pack of would-be heirs, including his disinherited brother and his attention-hungry stepmother -- former stripper and reality-television star Anna Nicole Smith." Posted at 12:10 PM by Howard Bashman "Kansas Church to Fight Mo. Law in Court": The Associated Press provides a report that begins, "A Kansas church group that protests at military funerals across the nation filed suit in federal court Friday, claiming a Missouri law banning such picketing infringed on religious freedom and free speech." Posted at 12:05 PM by Howard Bashman "Abbott asks 5th Circuit to let GOP cut DeLay from ballot; Attorney general fought last spring to get him on it": This article appears today in The Houston Chronicle. And The Associated Press reports that "Democrats Argue to Keep DeLay on Ballot." "Ruling Has Texans Puzzling Over Districts": The New York Times today contains an article that begins, "Once upon a time, Congressional district lines were redrawn once a decade, after each federal census. But last month the Supreme Court made it clear that redistricting could occur far more often, and the resulting sense of impermanence was on display this week in a weather-beaten house on this city's Hispanic, working-class South Side." And a related graphic can be viewed at this link. The San Antonio Express-News reports today that "State's fix for Dist. 23 gets cool response." And in related news, The Austin American-Statesman reports that "State defends proposed congressional map; Splitting Austin among 3 Republicans called unavoidable." "After 2 years, same-sex marriage icons split up; Were plaintiffs in landmark case": This article appeared yesterday in The Boston Globe. The New York Times reports today that "Same-Sex Marriage Plaintiffs Separate." The Los Angeles Times reports today that "The Relationship Is Over for a Pair of Gay Pioneers; The two women at the center of Massachusetts' landmark marriage ruling have separated." The Washington Times reports that "Gay 'marriage' first couple splits up in Massachusetts." And The Times of London reports that "First US gay couple to marry have broken up." "Cellulite & Justice Newman: Flabby judgment." Yesterday in The Philadelphia Daily News, Gar Joseph had this essay. The segment entitled "Health: Cellulite Wand" that CBS 3-TV health reporter Stephanie Stahl aired recently, featuring among others Pennsylvania Supreme Court Justice Sandra Schultz Newman, can be viewed via this link. Posted at 10:14 AM by Howard Bashman "U.S. Supreme Court Justice passes on Fenway first pitch": The Associated Press earlier this week provided a report that begins, "Supreme Court Justice Stephen Breyer passed up a chance to throw out the ceremonial first pitch at Fenway Park on Tuesday night, allowing his wife and granddaughter to instead claim the honor that a day before had been bestowed upon singer Meat Loaf." Additional coverage of Justice Stephen G. Breyer's day at Fenway Park can be accessed here (third item) from The Boston Globe. And photos from the event, featuring Justice Breyer, his wife, and granddaughter, can be accessed via this link. "Viewing Law Blogs as a Vast Amicus Brief": The brand new installment of my "On Appeal" column for law.com can be accessed here. Posted at 02:10 AM by Howard Bashman Back home: Thanks to traffic in the Minneapolis area, bad weather in the Philadelphia area, and an airplane in need of maintenance before take-off, our arrival back home was delayed quite a bit. Additional posts will appear later this morning. Before I completely depart from the topic of this week's Eighth Circuit Judicial Conference, it was great to hear Justice Samuel A. Alito, Jr.'s inaugural remarks as Circuit Justice. Although the remarks were off-the-record given that this was a "judges-only" conference, I can report that he began his remarks with a quite funny explanation of how President George W. Bush's first two appointments to the U.S. Supreme Court demonstrated that the issue President Bush was most concerned about was approval of proposed Federal Rule of Appellate Procedure 32.1. I must also report that one of the particular pleasures of being in Brainerd, Minnesota over the past few days for my wife and me was getting to meet Mrs. Alito, whom we both found to be most wonderful. 
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