How Appealing

Wednesday, August 2, 2006

"11th Circuit Remands $400,000 in Sanctions Against Employment Lawyers": law.com provides this report. My earlier coverage appears at this link.
Posted at 11:30 PM by Howard Bashman


"Evolution issue tips board's balance; Election a moderate success": The Lawrence Journal-World contains this article today.

And The Kansas City Star reports today that "Board of Education's balance is shifting; State panel's conservative majority unlikely to retain sway as moderates make gains in the Kansas primary."
Posted at 09:10 PM by Howard Bashman



"Judge's ruling favors school board; Christian band not allowed to play": This article appears today in The Toledo Blade. I have posted online at this link Monday's opinion of the U.S. District Court for the Northern District of Ohio. The "Religion Clause" blog has a post that provides links to the parties' summary judgment briefs.
Posted at 08:55 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Gay-Marriage Advocates Regroup After Latest Defeat."

And today's broadcast of "Talk of the Nation" contained audio segments entitled "Creationism Proponents Lose Ground in Kansas Primary" and "An Inside Look at Solitary Confinement."

RealPlayer is required to launch these audio segments.
Posted at 08:35 PM by Howard Bashman



"Justice Frees Records in Library Search": The Associated Press provides a report that begins, "Supreme Court Justice Ruth Bader Ginsburg on Wednesday ordered full disclosure of records in a court battle between FBI terrorism investigators and Connecticut librarians."

And at "SCOTUSblog," Lyle Denniston has a post titled "Ginsburg releases library case file."
Posted at 08:29 PM by Howard Bashman



U.S. Court of Appeals for the Fifth Circuit holds that the City of Arlington’s recently enacted Sexually Oriented Business Ordinance is not an unconstitutional restriction on the expressive liberties of businesses that feature topless dancing: You can access today's ruling at this link.
Posted at 08:20 PM by Howard Bashman


No word yet on whether "Location Unrecognized" will be part of the Ninth or Twelfth Circuit following a circuit split: A gimlet-eyed reader emails to note that today's Ninth Circuit ruling in PUC v. FERC states, in the portion of the decision that usually gives the location where the case had been orally argued, "Argued and Submitted April 13, 2005--Panel Location Unrecognized."

Update: Another reader emails to note that in today's Ninth Circuit deep vein thrombosis/Warsaw Convention ruling, written by U.S. District Judge Morrison C. England, Jr. of the Eastern District of California sitting by designation, the authorship of the opinion is attributed to "ENGLAND, Circuit Judge:"
Posted at 07:05 PM by Howard Bashman



"No Way, ABA? American Bar Association's rating of judicial nominee under attack." FoxNews provides this interesting video report featuring Megyn Kendall.

Relatedly, the blog "Confirm Them" offers a post titled "Specter Urges Senate to Reject ABA Report on Wallace."
Posted at 06:58 PM by Howard Bashman



"Holocaust Survivor Loses Bid To Sue Two German Companies": Shannon P. Duffy of The Legal Intelligencer provides a news update (free access) that begins, "A Holocaust survivor who was left sterile after being subjected to medical experiments at the Auschwitz-Birkenau concentration camps has lost his bid to revive a lawsuit against two German companies that he claims cooperated with the Nazi regime."

You can access today's non-precedential ruling of the U.S. Court of Appeals for the Third Circuit at this link. The unanimous two-judge panel (then-Judge Samuel A. Alito, Jr. was the third judge who heard oral argument in the case) holds that the plaintiff's claims against Schering AG and Bayer AG are nonjusticiable under the political question doctrine.
Posted at 05:05 PM by Howard Bashman



"The primary issue in this appeal is whether one who barters drugs for firearms has 'used' the firearms within the meaning of 18 U.S.C. sec. 924(c)(1)(A), which provides for a mandatory five-year sentence for using a firearm 'during and in relation to any . . . drug trafficking crime.'" So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued today.

The opinion proceeds to explain: "The circuit courts have split rather closely on this question. We hold that bartering drugs for firearms constitutes 'use' of the firearms under sec. 924(c)(1)(A)."
Posted at 04:54 PM by Howard Bashman



"Pfizer could lose billions in Lipitor patent ruling; Patent on world's top-selling drug cut short by 15 months in judge ruling": Reuters provides a report that begins, "A federal appeals court dealt Pfizer Inc. a legal setback Wednesday when it issued a ruling that threatens to cut 15 months from the patent life of its popular cholesterol drug Lipitor, the world's biggest-selling medicine." My earlier coverage appears here.
Posted at 04:30 PM by Howard Bashman


The Associated Press is reporting: David Kravets reports that "Appeals Court Slams Energy Regulators." Today's ruling of the U.S. Court of Appeals for the Ninth Circuit is available at this link, while the court's related press release is here.

In other news, "Gonzales Holds Line on Terror Detainees."

And an article reports that "Settlement Delayed in Indian Trust Case."
Posted at 04:28 PM by Howard Bashman



U.S. Court of Appeals for the Third Circuit rejects two state-created danger claims: One opinion issued today involved a suit against a school district in Pennsylvania and one of the school district's guidance counselors alleging that they could have done more to prevent the death of a sixteen-year-old boy who committed suicide at his home.

A second opinion issued today involved a lawsuit brought by a prison guard and his wife who claimed to have contracted antibiotic-resistant MRSA infections as a result of conditions at the Bucks County, Pennsylvania jail where the guard worked. I represent Bucks County in its pending, yet-to-be argued Third Circuit appeal from a $1.2 million jury award in favor of two pretrial detainees, both of whom contracted antibiotic-resistant staph infections during their confinements at the jail, on their deliberate indifference to serious medical needs-unconstitutional conditions of confinement claims.
Posted at 03:00 PM by Howard Bashman



Supreme Court of Ohio rules that a trial judge committed reversible error when he sought and accepted the assistance of the prosecutor's office in preparing the sentencing opinion that affirmed the jury's recommendation that the defendant receive the death penalty: You can access today's ruling at this link, while a court-issued summary of the decision is here.

In news press coverage, The Associated Press provides a report headlined "Ohio Court Tosses Woman's Death Sentence" that begins, "The Ohio Supreme Court on Wednesday threw out the death sentence of the first woman condemned since the state reinstated capital punishment in 1981."
Posted at 02:44 PM by Howard Bashman



Ninth Circuit holds that an airline's failure to warn a passenger of the possibility of developing Deep Vein Thrombosis during the course of an international flight does not constitute an “accident” under the Warsaw Convention: You can access today's ruling at this link.
Posted at 02:15 PM by Howard Bashman


Federal Circuit issues its ruling in Pfizer, Inc. v. Ranbaxy Laboratories, Ltd.: A patent case concerning the prescription drug Lipitor gives rise to today's ruling.
Posted at 11:45 AM by Howard Bashman


"If W means what he says, he'll pull plug on Wallace": Today in The Houston Chronicle, columnist Cragg Hines has an op-ed that begins, "President Bush has spoken compellingly of late -- in his NAACP speech and as he signed the Voting Rights Act extension -- of his deep belief in equality. For those who greeted this with skepticism, Bush can vividly demonstrate such a commitment by withdrawing the nomination of Michael B. Wallace to the 5th U.S. Circuit Court of Appeals."
Posted at 10:08 AM by Howard Bashman


"This is a contract murder case with irreconcilable jury verdicts leading one defendant to be sentenced to death and another -- the defendant who initiated, contracted for, and paid for the murder -- to be sentenced to life imprisonment." Based on those facts, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued an opinion that begins, "We hold that the death sentence in this case violates the Eighth Amendment 'arbitrariness' standard outlined in Furman v. Georgia, 408 U.S. 238 (1972), which prohibits random, disproportionate capital sentences, as well as the proportionality requirement of Enmund v. Florida, 458 U.S. 782 (1982), and the due process, inconsistent verdict prohibition of Morrison v. California, 291 U.S. 82 (1934)."

Senior Circuit Judge Gilbert S. Merritt, whose views toward the death penalty have recently been discussed elsewhere (see here and here), wrote the majority opinion, in which Circuit Judge Karen Nelson Moore joined.

Circuit Judge Ronald Lee Gilman issued a dissenting opinion in which he wrote, "Perhaps some day the Supreme Court will hold that a comparison between the culpability of a murderer and that of his codefendant is constitutionally required, and that inconsistent verdicts arising from separate trials are unconstitutional. But this is not the law of the land today, and was obviously not the 'clearly established law' at the time that the Ohio Supreme Court affirmed Getsy's conviction and sentence in 1999."
Posted at 09:54 AM by Howard Bashman



"Senate approves transfer of cross; Passage unanimous; Bush expected to sign": The San Diego Union-Tribune today contains an article that begins, "The U.S. Senate approved a plan yesterday to transfer land beneath the Mount Soledad cross to the federal government, bolstering supporters who have been fending off efforts to remove the monument for nearly two decades."

And The Los Angeles Times reports today that "U.S. Senate Votes to Acquire Site of Cross."
Posted at 07:28 AM by Howard Bashman



"White House Proposal Would Expand Authority of Military Courts": The Washington Post contains this article today.
Posted at 07:24 AM by Howard Bashman


"Evolution Foes Lose Their Edge on Kansas Board; The state education panel appears to be split 6-4 between supporters of Darwin's theory and advocates of teaching intelligent design": This article appears today in The Los Angeles Times.
Posted at 07:20 AM by Howard Bashman


"N.Y. Times Must Surrender Reporters' Phone Data; Appellate Panel Rejects First Amendment Claim in Federal Grand Jury Probe": Charles Lane has this article today in The Washington Post.

And The New York Sun reports today that "Court Hands New York Times a Setback in Miller Case."
Posted at 07:15 AM by Howard Bashman



"Blogger Jailed After Defying Court Orders": The New York Times contains this article today.

In The Oakland Tribune, Josh Richman reports that "Freelance journalist jailed for refusal to give up video."

In The San Francisco Chronicle, Bob Egelko has articles headlined "Cameraman jailed for not yielding tape; 'Every person ... has to give information to the grand jury if the grand jury wants it,' judge tells S.F. freelancer" and "Freelancer doesn't want mainstream job."

David Kravets of The Associated Press reports that "Journalist jailed in anarchy probe."

And Bloomberg News reports that "Judge Jails San Francisco Man Who Filmed G-8 Street Protest."
Posted at 07:12 AM by Howard Bashman



"Threats to judges -- and their independence -- mount; Court bashing endangers justice, undermines national stability": This editorial appears today in USA Today, which also contains an op-ed by Tom McClusky entitled "Rein in activist judges: An independent judiciary, yes; An unrestrained judiciary, no."
Posted at 07:00 AM by Howard Bashman


"4 ex-Merrill Lynch execs' convictions overturned; 5th Circuit says charges in Enron scheme 'flawed'": The Houston Chronicle today contains this article reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued late yesterday.
Posted at 06:55 AM by Howard Bashman


eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek