How Appealing

Monday, November 26, 2012

"Judging the Senate": Today at The Huffington Post, law professor David Fontana has a blog entry that begins, "President Barack Obama is having a very hard time getting his judicial nominees confirmed by the Senate."
Posted at 10:56 PM by Howard Bashman

"Grape growers can sue USDA as Supreme Court stays out of the fight": Michael Doyle of McClatchy Newspapers has this report.
Posted at 09:25 PM by Howard Bashman

Also in the December 2012 issue of ABA Journal magazine: Mark Walsh has an article headlined "A Sixth Sense: 6th Circuit Has Surpassed the 9th as the Most Reversed Appeals Court."

And Bryan A. Garner has an essay titled "What's an Error in Language?"
Posted at 09:08 PM by Howard Bashman

"Circuit split! 5th Circuit says AG suits are mass actions under CAFA." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:00 PM by Howard Bashman

"6th Annual ABA Journal Blawg 100": The December 2012 issue of ABA Journal magazine will contain this article.

I am pleased to report that "How Appealing" has again made the list and has also been inducted into the "Blawg 100 Hall of Fame."
Posted at 04:08 PM by Howard Bashman

"Court: Who counts as a supervisor?" The Associated Press has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in Vance v. Ball State Univ., No. 11-556, at this link.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Supreme Court struggles over workplace harassment standard."

And at "SCOTUSblog," Lyle Denniston has a post titled "Salvaging a lost cause?"
Posted at 02:45 PM by Howard Bashman

"'Politicians in Robes'? Not Exactly, but . . ." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:44 PM by Howard Bashman

"High court weighs Georgia hospital merger": The Associated Press has this report.

Update: You can access the transcript of today's U.S. Supreme Court oral argument in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, at this link.
Posted at 11:58 AM by Howard Bashman

Upcoming appellate court oral arguments: Within the next 16 days, I will have the pleasure of arguing cases before each of Pennsylvania's three state appellate courts.

Tomorrow morning, I will be in Harrisburg, Pennsylvania to argue a case before the Supreme Court of Pennsylvania. The case is a direct appeal in a matter that originated in the Commonwealth Court of Pennsylvania. The Court has granted oral argument on the following issue:

Did the Commonwealth Court err or otherwise abuse its discretion in ruling on summary judgment in favor of the MCARE Fund that Dr. S.'s negligence constituted only one rather than two occurrences of medical malpractice for purposes of the MCARE Act?
Next, on Wednesday of this week, I will be arguing on behalf of the plaintiffs-appellees in four related appeals pending before a three-judge panel of the Superior Court of Pennsylvania. In November 2011, Nate Raymond of The American Lawyer reported on the decision in that case in an article headlined "Moss Sides With Plaintiffs in Reglan Mass Tort; A Philadelphia trial judge overseeing mass tort litigation involving the digestive drug Reglan on Friday denied a bid by generic manufacturers to dismiss claims against them in roughly 2,000 lawsuits on the basis of a recent U.S. Supreme Court decision." Additional coverage of the ruling can be accessed here and here. The brief for plaintiffs-appellees that I filed in one of those consolidated appeals can be accessed here.

And finally, on Wednesday, December 12, 2012, I will be back in Harrisburg to argue a very interesting appeal on behalf of the defendant-appellant before the en banc Commonwealth Court. Late last year, The Citizens' Voice of Wilkes-Barre, Pennsylvania reported on the trial court's ruling in an article headlined "Judge awards millions to Dallas, Pittston Area from health trust." You can access the appellate briefs that I filed on my client's behalf in that case at the following links: Brief for Appellant; Reply Brief for Appellant.
Posted at 11:48 AM by Howard Bashman

"Court Told To Consider Issues Unresolved by Health-Care Ruling": Jess Bravin has this post at's "Law Blog."

And Jonathan Stempel of Reuters reports that "Top court revives challenge to Obama health law."
Posted at 11:18 AM by Howard Bashman

Greg Stohr of Bloomberg News is reporting: He has reports headlined "Religious University Gets Hearing on Health Law Exemption"; "Insanity Defense Appeal Turned Away by U.S. High Court"; and "Reynolds Rejected by Court on $20 Million Smoker Award."
Posted at 10:40 AM by Howard Bashman

"Supreme Court refuses William Jefferson's appeal; 13 year prison sentence upheld": Bruce Alpert of The Times-Picayune of New Orleans has this news update.

Jonathan Stempel of Reuters reports that "Supreme Court rejects appeal of ex-Louisiana congressman."

And Greg Stohr of Bloomberg News reports that "Convicted Ex-Representative Jefferson Loses at High Court."
Posted at 10:34 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court did not grant review in any new cases.

The Court issued a per curiam opinion in Nitro-Lift Technologies, LLC. v. Howard, No. 11-1377.

And Justice Stephen G. Breyer issued a dissent from the denial of certiorari in Delling v. Idaho, No. 11-1515. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined in that dissent.

In early news coverage, The Associated Press has reports headlined "Court orders new look at health care challenge"; "High court rejects appeal over insanity defense"; "High court rejects appeal of ex-La. congressman"; "Court rejects plea to block taping of police"; and "Court won't get into fight over grape patents."

And at "SCOTUSblog," Lyle Denniston has a post titled "Way cleared for health care challenge."
Posted at 09:40 AM by Howard Bashman

"As state's wetlands dwindle, South Carolina seeks new answer": Today's edition of The State of Columbia, South Carolina contains an article that begins, "In the nearly 12 years since the U.S. Supreme Court eased federal protections on isolated wetlands, swampy South Carolina has talked at length about how to fill the gap and save these wildlife-rich bogs."
Posted at 08:30 AM by Howard Bashman

"Something changed: Picking a Supreme Court justice is now a partisan battle." Eric Black has this post today at his blog "Eric Black Ink" online at MinnPost.
Posted at 08:27 AM by Howard Bashman

"State NAACP questions state judge's partisanship": Today's edition of The Daily Tar Heel contains an article that begins, "N.C. Supreme Court Justice Paul Newby prevailed in a close race to retain his seat on election night earlier this month -- and critics are already raising concerns about his ability to rule impartially."
Posted at 08:24 AM by Howard Bashman

"Supreme Court To Look At Who Is A 'Supervisor' In Harassment Cases": Today's broadcast of NPR's "Morning Edition" contained this audio segment featuring Nina Totenberg.
Posted at 08:22 AM by Howard Bashman

"Pennsylvania judges sue over mandatory retirement at 70; Northampton County jurist Leonard Zito is among six challenging the requirement": This article appears today in The Morning Call of Allentown, Pennsylvania.
Posted at 08:00 AM by Howard Bashman

"Terrorism Law Is a Niche for a Deepening Pool of Defenders in New York": The New York Times contains this article today.
Posted at 07:44 AM by Howard Bashman

"Close Guantanamo Prison": This lengthy editorial appears today in The New York Times.
Posted at 07:40 AM by Howard Bashman

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