How Appealing

Friday, November 14, 2008

Available online from law.com: Shannon P. Duffy reports that "Former Supreme Court Justice O'Connor to Join 3rd Circuit Panel; O'Connor will serve as a visiting judge on the federal appeals court to hear four oral arguments."

And in other news, "Magazine Opposes High Court Petition; National Geographic says justices should not take freelance photographer's case because 11th, 2nd Circuits agree."
Posted at 11:11 PM by Howard Bashman



"High school students sue over article on sex lives": Yesterday's edition of The Seattle Post-Intelligencer contained an article that begins, "Four Puyallup high school students whose sex lives were detailed in a student newspaper sued the school district Wednesday, saying the publication invaded their privacy and exposed them to severe sexual harassment, humiliation and embarrassment."

Yesterday's edition of The Seattle Times reported that "Puyallup students sue over sex story; Four current and former high-school students filed a lawsuit against the Puyallup School District on Wednesday claiming they were harassed and called 'sluts' and 'whores' after a student newspaper printed a story that detailed their sex lives."

And yesterday's edition of The News Tribune of Tacoma, Washington reported that "Students sue Puyallup district over story in school newspaper; A lawsuit filed in federal court alleges that the Emerald Ridge High School newspaper invaded the privacy of four students with an article about oral sex."

I have posted online at this link a copy of the complaint initiating suit in federal court.
Posted at 11:00 PM by Howard Bashman



"Supreme Court Takes On Campaign Finance Case": Adam Liptak will have this article Saturday in The New York Times.
Posted at 09:20 PM by Howard Bashman


"11th Circuit Judge Blazed Path for Other Female Lawyers; Judge Phyllis A. Kravitch's career includes an impressive number of 'firsts'": Alyson M. Palmer has this article today in the Fulton County Daily Report.
Posted at 09:07 PM by Howard Bashman


"Retired Justice O'Connor to hear cases in Philly": The Associated Press provides a report that begins, "Retired Supreme Court Justice Sandra Day O'Connor will return to the bench next week as a visiting judge on the 3rd U.S. Circuit Court of Appeals."

And The Arizona Republic reports today that "Work continues on restoration, relocation of O'Connor house."
Posted at 09:04 PM by Howard Bashman



"Closings set for Monday in Pa. judge's fraud case": The Associated Press provides a report that begins, "A federal court jury in Pittsburgh will have a long weekend to mull nearly three weeks of testimony in the fraud trial of a retired Pennsylvania appellate judge."

And The Erie (Pa.) Times-News today contains this article reporting on yesterday's developments in the trial.
Posted at 08:55 PM by Howard Bashman



"What's the Best Way To Pack a Court? The attack on merit selection for judges." Bert Brandenburg has this jurisprudence essay online at Slate.
Posted at 08:35 PM by Howard Bashman


"Appeals court says tax scofflaw has to pay IRS": Jesse J. Holland of The Associated Press has a report that begins, "Millionaire tax scofflaw Walter Anderson may have to pay more than $200 million in restitution to the Internal Revenue Service, federal appellate judges said Friday."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 08:10 PM by Howard Bashman



"Britain Debates a Child's Right to Choose Her Own Fate": The Washington Post today contains an article that begins, "Hannah Jones needs a heart transplant. But after nine years of battling leukemia and heart disease, she has had enough of hospitals, operations, drugs and constant pain. So she has opted to skip the surgery and die at home in the company of her family. Hannah is 13 years old, and her case has prompted a wrenching public debate in Britain."
Posted at 04:15 PM by Howard Bashman


"Law Firm's Case Against Blockshopper Allowed To Continue": MediaPost's "Online Media Daily" today has a report that begins, "A federal judge Thursday refused to dismiss a case brought by the law firm Jones Day against online publisher Blockshopper.com, accusing it of trademark infringement for having linked to the law firm." (Via ABA Journal's "Law News Now" blog.)

I attempted moments ago to obtain a copy of the ruling from the web site of the U.S. District Court for the Northern District of Illinois, but the ruling is not yet available online, nor has it even been noted as of moments ago on the case's PACER docket, a current copy of which I have uploaded at this link.

In mid-September 2008, the organization Electronic Frontier Foundation issued a news release entitled "Law Firm Uses Bogus Trademark Claim in Attempt to Silence Online News Site; EFF Urges Judge to Dismiss Baseless Lawsuit" and also posted online this amicus brief that the organization was seeking to file in the case. In addition, EFF has this web page devoted to the case.

According to today's news report on yesterday's ruling, "The case drew the attention of digital rights groups including Public Citizen and the Electronic Frontier Foundation, who attempted to file friend-of-the-court briefs. Darrah Thursday denied their motion to get involved in the case."
Posted at 03:55 PM by Howard Bashman



"US appeals court to hear 1964 Klan killings case": The Associated Press provides a report that begins, "A federal appeals court agreed Friday to hear arguments that a reputed Ku Klux Klansman's conviction in the abductions of two black teenagers found slain in 1964 should not have been overturned." In other words, the U.S. Court of Appeals for the Fifth Circuit has granted rehearing en banc in the case.

My earlier coverage of the three-judge Fifth Circuit panel's ruling from September 2008 that overturned the convictions can be accessed here.

Update: You can now access at this link today's order granting rehearing en banc.
Posted at 03:27 PM by Howard Bashman



"Obama likely to push courts away from right": Reuters provides this report.
Posted at 03:15 PM by Howard Bashman


"Court to rule on campaign films, judge recusal": Lyle Denniston has this post at "SCOTUSblog."

The U.S. Supreme Court granted review today in five cases, and you can access today's Order List at this link.

In early news coverage, The Associated Press reports that "High court to rule when judges must bow out"; "High Court to hear appeal over anti-Clinton movie"; and "High Court to decide limits on retrials."

Greg Stohr of Bloomberg News reports that "Judicial Campaign Contributions Get U.S. Supreme Court Hearing" and "Former Enron Official Gets U.S. Supreme Court Hearing."

And Reuters reports that "US top court to decide Massey Energy case."
Posted at 03:00 PM by Howard Bashman



Programming note: A meeting with opposing counsel in a pending appeal will have me out of the office until later today. Additional posts will appear here this afternoon.
Posted at 08:04 AM by Howard Bashman


"Woman walks with $275k in dance hall case": The Citizen-Times of Asheville, North Carolina today contains an article that begins, "Rebecca Willis sued to make her point six years ago. A settlement Thursday gave her a six-figure exclamation point. The town of Marshall agreed to pay $275,000 for banning Willis from a community dance hall on allegations her moves were too risque."

The News-Record and Sentinel of Marshall, North Carolina reports that "Lawyer says 'dirty dancing' case finally settled."

And The Associated Press reports that "Legal grind ends for woman accused of dirty dance."

This blog's earlier coverage of two federal appellate court rulings in the case can be accessed here and here.
Posted at 08:02 AM by Howard Bashman



"11th Circuit Dissent Could Push Attorney Fees Case to U.S. Supreme Court": law.com provides this report. My most recent coverage of this case appears here.
Posted at 07:55 AM by Howard Bashman



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