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Monday, October 6, 2008 Warren Richey of The Christian Science Monitor is reporting: In Tuesday's newspaper, he will have articles headlined "High court case: If harassed workers talk, can they be fired? A Tennessee woman lost her job after she cooperated in a company investigation"; "Supreme Court lets stand death sentence after Bible reading; A death-row inmate claimed the jury foreman violated his fair-trial rights by reading out loud from Romans"; and "High court refuses to hear racial profiling case; Jose Cerqueira had sued American Airlines for discrimination after being removed from a flight in 2003." Posted at 11:17 PM by Howard Bashman "High court: Atlanta couple can sue over vaccination; Marcelo and Carolyn Ferrari can take case to court over son's disabilities." The Atlanta Journal-Constitution provides a news update that begins, "An Atlanta couple's lawsuit against vaccine manufacturers can go to trial on claims a childhood vaccine caused neurological damage to their young son, the Georgia Supreme Court ruled Monday. In a landmark decision, the state high court unanimously ruled that Marcelo and Carolyn Ferrari's lawsuit is not barred by the 1986 National Childhood Vaccine Injury Compensation Act. The court upheld a prior decision by the Georgia Court of Appeals, which was the first appellate court in the nation to make such a ruling." And law.com reports that "Ga. Supreme Court Backs Vaccine Suit in Autism Case; Conflicting with courts around the U.S., state Supreme Court says Congress didn't intend to 'pre-empt all design defect claims.'" You can access today's ruling of the Supreme Court of Georgia at this link. "Supreme Court skeptical about smokers' deception claims": Michael Doyle of McClatchy Newspapers provides this report. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court opens term with cigarette marketing case; Justices hear arguments on whether cigarette makers defrauded smokers with claims about light and low-tar cigarettes." James Vicini of Reuters reports that "US high court seems closely divided on tobacco case." And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Smoke Rings: How to fight big tobacco without ever talking about the health risks of smoking." "Opening Day at the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 08:40 PM by Howard Bashman Additional coverage from The AP of today's U.S. Supreme Court Order List: Now available online are articles headlined "Court denies appeal of judge's sentencing goof"; "Terror case: Top court won't hear ex-prof's appeal"; and "Top court rejects Abu-Jamal appeal for new trial." Posted at 03:12 PM by Howard Bashman "Miers Wins Bid to Delay House Testimony on Firings": James Rowley and Robert Schmidt of Bloomberg News provide a report that begins, "A U.S. appeals court postponed congressional testimony by former White House Counsel Harriet Miers on the Bush administration's firing of nine federal prosecutors. The three-judge panel in Washington today agreed with the administration that Miers shouldn't have to testify until the appeals court rules on the merits of the case, which tests the limits of executive privilege." And Lara Jakes Jordan of The Associated Press reports that "Bush aides win delay for congressional testimony." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Bush pushes Senate to confirm federal judges": The Associated Press provides this report. Update: The White House has posted the text of President Bush's remarks online at this link. Access online the transcript of today's U.S. Supreme Court oral argument in Altria Group, Inc. v. Good, No. 07-562: The Court has posted the transcript at this link. Update: The Court has now posted online the transcripts of the other two cases argued today, Locke v. Karass, No. 07-610, and Vaden v. Discover Bank, No. 07-773. "U.S. Justice Breyer Sheds Stocks, Can Hear More Cases": Greg Stohr of Bloomberg News has an article that begins, "Justice Stephen Breyer and his wife are selling many of their three dozen stocks, letting him take part in more business cases and reducing the conflict-of-interest issues that bedeviled the U.S. Supreme Court in its last term. Court spokeswoman Kathy Arberg confirmed Breyer's stock sales today after the justice participated in the court's rejection of several appeals that would previously have posed a conflict for him. Those decisions were part of a list of orders the high court released as it opened its 2008-09 term in Washington." Posted at 12:50 PM by Howard Bashman "A rough day for the FTC": Lyle Denniston has this post at "SCOTUSblog." And Mark Sherman of The Associated Press provides a post-argument report headlined "Cigarette suit first up in new court term Monday." "Courthouse to be dedicated Monday": Yesterday's edition of The Southeast Missourian contained an article that begins, "The name Rush Hudson Limbaugh Sr. is finally on display at the new federal courthouse in Cape Girardeau." Posted at 12:15 PM by Howard Bashman "Altria Seeks 'Knockout Blow' in Supreme Court 'Lights' Case": Greg Stohr of Bloomberg News provides this report. Posted at 10:37 AM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: Because it's the first Monday in October, the Order List is 82 pages long. The Court today called for the views of the Solicitor General on two cases. At "SCOTUSblog," Lyle Denniston has a post titled "No action on Georgia capital case." In early news coverage, The Associated Press reports that "Court declines 'choose life' license plate case"; "Top court again rejects abortion poster case"; "Top court stays out of DVR patent fight"; "Non-unanimous jury verdict stands"; and "Supreme Court rejects jury Bible case." "Judgment without borders: What we are seeing is the birth of a type of worldwide judicial anarchy." David B. Rivkin Jr. and Lee A. Casey have this op-ed today in The Los Angeles Times. Posted at 09:24 AM by Howard Bashman "The Supreme Court's new term: The justices will hear less politically charged cases in the term that begins today." The Los Angeles Times contains this editorial today. Posted at 09:22 AM by Howard Bashman "Infertility patients caught in the legal, moral and scientific embryo debate; Tough decisions about what to do with unused embryos lead to a bigger question: When does life begin?" This front page article appears today in The Los Angeles Times. Posted at 09:15 AM by Howard Bashman "Next president will reshape U.S. courts from top to bottom": Michael Doyle of McClatchy Newspapers provides this report. Posted at 09:12 AM by Howard Bashman "Companies Unlikely to Use Arbitration With Each Other": Jonathan D. Glater has this article today in The New York Times. Posted at 09:00 AM by Howard Bashman "Finances key to fraud case; Defense wants judge to exclude Joyce financial records at trial": Last week, The Erie (Pa.) Times-News published an article that begins, "Former state Superior Court Judge Michael T. Joyce, accused of getting $440,000 in insurance proceeds through fraud, 'was badly in need of money' before he received the payments in 2002, the U.S. Attorney's Office said. And after he got the $440,000, the government said, Joyce spent much of the money on items such as a new house, a hot tub, a motorcycle, an airplane, jewelry and $6,000 on cosmetic surgery for his then-girlfriend, who is now his wife." Also last week, that newspaper published related articles headlined "Ex-judge's in-line skating part of prosecution's proposed case" and "Government, defense spar over 2nd crash." According to the first of those articles, "Former state Superior Court Judge Michael T. Joyce, accused of fraud, is scheduled for trial in federal court in Pittsburgh on Oct. 20." "Prop. 8 sides tread lightly for swing voters": The San Francisco Chronicle today contains an article that begins, "Supporters of the November ballot measure to overturn a state Supreme Court ruling legalizing same-sex marriage in California targeted justices on the high court - not gay couples - in their first TV advertisement." Posted at 08:40 AM by Howard Bashman "Judge's secretary paid his gambling debts": Yesterday in The Times-Picayune of New Orleans, Richard Rainey had an article that begins, "When the Judicial Council of the 5th U.S. Circuit Court of Appeals effectively suspended District Judge Thomas Porteous last month, it quietly shuttered his chambers and laid off his staff of five, including a secretary who played an integral role in the financial history of the disgraced judge. Rhonda Danos, described in private conversations as fiercely loyal to Porteous, lost a post she held in his front office for 24 years. Beyond the usual trappings of a secretary's duties, she paid some of Porteous' gambling and credit card debts and, according to testimony from one witness, delivered money to the judge from lawyers who had a case in his court." Yesterday's newspaper also reported that "Panel hired big guns for probe; Cost of investigation hidden from public." Earlier, Times-Picayune columnist James Gill had an essay entitled "Bad judge diaries." "Supreme Court to rule on drugmaker's immunity": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Unless the U.S. Supreme Court jumps into the Wall Street debacle or the presidential election, the most important topic on the justices' calendar for the term that starts today may be the case of a musician from Vermont who lost an arm after a medical injection that went horribly wrong." Posted at 08:30 AM by Howard Bashman "Newspapers file motion to modify gag order": The Galveston County Daily News recently published an article that begins, "Three newspapers, including The Daily News, and the Associated Press, filed a motion * * * asking that the Florida judge presiding over U.S. District Judge Samuel B. Kent's criminal case modify a gag order he imposed over the proceedings. U.S. District Judge Roger Vinson's order prevented anyone involved in Kent's case from talking about it publicly." On Saturday, however, The Houston Chronicle reported that "Judge keeps gag order in place for Kent trial." "Court gets to clarify basis for DWI stop; Driver was arrested on a tip from his daughter after fight": Today in The Newark (N.J.) Star-Ledger, Kate Coscarelli has this article reporting on a case that will be argued tomorrow in the Supreme Court of New Jersey. Posted at 08:15 AM by Howard Bashman "Election could decide fate of Roe, other big court issues": USA Today contains this editorial today. And online at FindLaw, Robert A. Levy has an essay entitled "Judicial Appointments: What's on Tap from Obama or McCain?" "Priest sex-assault victim asks highest court to hear her case": This article appeared yesterday in The Providence (R.I.) Journal. Posted at 07:55 AM by Howard Bashman "Cigarette suit first up in new court term Monday": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court opens a new term Monday with denials expected in hundreds of appeals and arguments over limits on lawsuits against tobacco companies. The court's term begins, by law, on the first Monday in October." Posted at 07:52 AM by Howard Bashman Signs that today is the first Monday in October: A Justice Sandra Day O'Connor bobblehead doll is for sale at auction on eBay. According to the item's description, "Sarah Palin's speech at the Republican National Convention inspired me, especially the part about putting the airplane on Ebay. In fact, it inspired me to sell this Sandra Day O'Connor bobblehead on Ebay, and donate the proceeds to Barack Obama's campaign."  
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