How Appealing

Wednesday, September 14, 2011

"Tennessee lawyers want state Supreme Court to take a new look at whether one of its own was too biased to rule in a 2005 case": Abdon M. Pallasch of The Chicago Sun-Times has a news update that begins, "Some Tennessee lawyers, including former U.S. Sen. Fred Thompson, are asking the Supreme Court of Illinois to take a new look at whether one of its own was too biased to rule in a 2005 case that overturned a billion-dollar verdict against State Farm Insurance."

The Belleville News-Democrat has an update headlined "Lawyers accuse State Farm of hiding its 'extraordinary support' of Supreme Court Justice Lloyd Karmeier."

And The Associated Press reports that "Appeal questions Illinois justice's fairness."
Posted at 10:50 PM by Howard Bashman



"Feuding Mires Wisconsin Court": In today's edition of The Wall Street Journal, Nathan Koppel has an article that begins, "Justices on the Wisconsin Supreme Court, which began a new term last week, are taking steps to address some of the worst infighting in the court's history."
Posted at 10:30 PM by Howard Bashman


"Victorious Lawyer in Climate Case Still Critical of Plaintiffs' Strategy": Lawrence Hurley of Greenwire has an article (via The New York Times) that begins, "The top government lawyer who successfully argued a major climate case before the Supreme Court this year has criticized his erstwhile opponents for claiming states should be able to sue polluters over greenhouse gas emissions under federal common law."
Posted at 06:12 PM by Howard Bashman


"Judge Sparks' 'cute' orders criticized by appellate judge": This article appears today in The Austin American-Statesman.
Posted at 04:27 PM by Howard Bashman


"Copyright Troll Righthaven Says It's Nearing Bankruptcy": David Kravets had this post Monday at Wired.com's "Threat Level" blog.
Posted at 04:18 PM by Howard Bashman


"Plane carrying Justice Bader Ginsburg evacuated": The Associated Press has this report.
Posted at 02:30 PM by Howard Bashman


"How many days are in a year? The answer is more complicated than it may first appear." So begins an opinion that Circuit Judge Jay S. Bybee issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:10 PM by Howard Bashman


"How the Anti-Injunction Act could scuttle everything": Brad Joondeph has this post at the "aca litigation blog."
Posted at 01:14 PM by Howard Bashman


"Judge casts doubt on ACLU challenge to law forbidding audio recording of cops": Today's edition of The Chicago Sun-Times contains an article that begins, "A senior appeals court judge said Tuesday that if Illinois' eavesdropping law were expanded, gang bangers and 'snooping' reporters would run rampant, secretly recording conversations unchecked."
Posted at 01:12 PM by Howard Bashman


PACER fee to increase to ten cents per page: At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Federal courts to hike records' fees 25%."
Posted at 01:05 PM by Howard Bashman


"Court To Expedite Appeal In $3.4B Class Action Settlement": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "The U.S. Court of Appeals for the D.C. Circuit has agreed to expedite a challenge to the $3.4 billion Native American class action settlement that a trial judge declared fair and reasonable."
Posted at 12:50 PM by Howard Bashman


Judge and jury: The Associated Press reports that "Supreme Court Judge Breyer joins architecture jury."
Posted at 11:09 AM by Howard Bashman


"Pennsylvania Considers Changes to Drug Products Liability Law": Amaris Elliott-Engel has this front page article today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

It turns out that the live broadcast feed of Pennsylvania Cable Network is available over the internet: simply click here and then click on the "Live Signal" button located directly below the image of a television screen. PCN is scheduled to re-broadcast yesterday's oral arguments beginning at 11 a.m. eastern time today. I argued the second and fifth cases; the oral argument in the first of the two cases that I argued yesterday should begin around 11:40 a.m. or soon thereafter.

At oral argument, I sought to emphasize the following three points:

First, comment (a) to Restatement (Second) of Torts 402A expressly sets forth the conclusion that the unavailability of a strict liability claim in any case does not preclude the plaintiff from pursuing a claim in negligence.

Second, whether or not a product qualifies as "defective" under 402A is an entirely distinct question from whether the product was negligently designed. Indeed, principles of negligence have no application to strict liability; strict liability focuses on the product and the consumer's expectations, while negligence focuses on the reasonableness of the defendant's conduct. Along those lines, simply because a prescription drug may be "unavoidably dangerous" does not mean that it cannot be more safely designed to avoid harms that are in fact avoidable.

And third, in even the two most favorable jurisdictions for Wyeth -- in California and Utah, where the highest courts of those states have categorically rejected strict liability design defect claims involving prescription drugs -- courts recognize that negligent design defect claims against prescription drug manufacturers may still be pursued. See Artiglio v. Superior Court, 27 Cal. Rptr. 2d 589, 591 (Cal. App. 1994) ("Liability for defective design could not be premised on strict liability, but would require proof of negligence"); Lake-Allen v. Johnson & Johnson L.P., 2009 WL 2252198, at *2-3 (D. Utah July 27, 2009) (refusing to dismiss negligent design defect claim, finding comment k "limited to strict liability"). Thus, Wyeth's central argument, that the unavailability of a strict liability claim thereby precludes a claim for negligent design defect, is simply incorrect.
Posted at 11:04 AM by Howard Bashman



"Pa. Supreme Court televises first arguments": The Pittsburgh Tribune-Review contains this article today.
Posted at 10:52 AM by Howard Bashman


"Judges asks why Oklahoma's law on Sharia applies to only one religion; 10th U.S. Circuit Court of Appeals takes up Oklahoma's voter-approved Sharia law case": This article appeared yesterday in The Oklahoman.
Posted at 08:14 AM by Howard Bashman


"Court backs district on teacher's religious banners": Bob Egelko has this article today in The San Francisco Chronicle.

The Los Angeles Times reports today that "Court says teacher has no right to banners referring to God; San Diego-area high school math instructor claimed his 1st Amendment rights were violated when the principal ordered him to take down banners he saw as celebrating America's religious heritage."

Greg Moran of The San Diego Union-Tribune has an article headlined "Federal court: Teacher can't refer to 'God' in classroom banners."

The North County Times reports that "Appeals court rules against teacher who posted banners containing 'God.'"

And Warren Richey of The Christian Science Monitor has an article headlined "'God Bless America'? Not in high school math class, US judges rule; A US appeals court in California says a public high school teacher has no constitutional right to display posters in his math class preaching his 'views on the role of God in our nation's history.'"

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:10 AM by Howard Bashman



"Justice Department: High court should overturn ruling against PPL Montana." This article appears today in The Missoulian of Missoula, Montana.
Posted at 07:50 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