How Appealing

Monday, December 16, 2013

"Snowden says ruling vindicates leak of NSA files; He says decision that collection of phone data is unconstitutional is 'the first of many'": USA Today has a report that begins, "Edward Snowden said Monday that his decision to expose National Security Agency surveillance programs was vindicated by a federal judge's ruling that the mass collection of phone data is probably unconstitutional."
Posted at 08:37 PM by Howard Bashman

"Why shield corporations from disclosing political spending?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:54 PM by Howard Bashman

The Supreme Court of Pennsylvania has dismissed as improvidently granted Wyeth's appeal contending that Pennsylvania law would not permit punitive damages to be awarded on a failure-to-warn claim involving an FDA-approved prescription drug: You can access today's unanimous order of the Supreme Court of Pennsylvania dismissing the appeal as improvidently granted at this link.

My earlier posts about this case, in which I served as appellate counsel for plaintiffs while the case was pending at the Pa. Supreme Court, can be accessed here, here, here, and here.

From the plaintiffs' perspective, today's outcome is the same as a victory on the merits, in that it leaves undisturbed the Pa. Superior Court's decision reinstating the jury's verdict awarding compensatory and punitive damages in plaintiffs' favor.
Posted at 04:33 PM by Howard Bashman

"Federal Judge Rules Against N.S.A. Phone Data Program": Charlie Savage of The New York Times has this news update.

Ann E. Marimow and Ellen Nakashima of The Washington Post have a news update headlined "Judge: NSA's collecting of phone records is likely unconstitutional."

David G. Savage of The Los Angeles Times has a news update headlined "NSA collection of telephone records violates Constitution, judge rules."

Kevin Johnson and Richard Wolf of USA Today report that "Federal judge rules against NSA spying."

Michael Doyle of McClatchy Washington Bureau reports that "Judge dings the NSA metadata collection program."

David Ingram of Reuters reports that "U.S. judge rules phone surveillance program is likely unlawful."

The Associated Press reports that "NSA phone record collection ruled unconstitutional."

Bloomberg News reports that "NSA Phone Program Probably Unconstitutional, Judge Rules."

At "The BLT: The Blog of Legal Times," Zoe Tillman and Mike Scarcella have a post titled "Judge Finds NSA Surveillance 'Almost Certainly' Violates Privacy Rights."

And at "SCOTUSblog," Lyle Denniston has a post titled "Judge: NSA phone sweep likely invalid."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 03:54 PM by Howard Bashman

"Detroit bankruptcy judge allows appeal of eligibility, pension rulings": The Detroit News has an update that begins, "A bankruptcy judge Monday allowed creditors to appeal his recent eligibility and pension rulings directly to the U.S. 6th Circuit Court of Appeals."

News coverage from The Detroit Free Press can be accessed here.

And The Associated Press reports that "Judge allows appeal in Detroit bankruptcy case."
Posted at 02:14 PM by Howard Bashman

"Stern Words for Wall Street's Watchdogs, From a Judge": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:33 PM by Howard Bashman

"Supreme Court Declines to Take Up School Bullying Case": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 01:00 PM by Howard Bashman

Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Clarence Thomas delivered the opinion for a unanimous Court in Heimeshoff v. Hartford Life & Accident Ins. Co., No. 12-729. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says health plan lawsuit cutoff legal."
Posted at 10:05 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court did not grant review in any new cases, but the Court did request the views of the Solicitor General in one case.

In early news coverage, The Associated Press reports that "High court won't look at bullying in schools"; "Court won't hear appeal over news release"; "Court won't hear appeal over Mich. sore loser law"; "Court won't hear dispute over Grand Canyon Skywalk"; and "Court won't take Gulf spill moratorium case."

Greg Stohr of Bloomberg News reports that "Sept. 11 Victims' Suit Prompts U.S. Supreme Court Inquiry" and "Ex-InterMune CEO Harkonen's Conviction Let Stand by Court."

Lawrence Hurley of Reuters reports that "U.S. justices ask for Obama's views in Sept. 11 case against banks"; "U.S. high court rejects oil spill contempt case"; and "U.S. Supreme Court refuses to hear ex-InterMune CEO's appeal" and "U.S. top court declines to review Lockheed employee class action."

And at "SCOTUSblog," Lyle Denniston has a post titled "Liability for 9/11 at issue."
Posted at 09:33 AM by Howard Bashman

"In Bizarre No-Fly List Trial, Even the Verdict Might Be Top Secret": David Kravets has this post today at's "Threat Level" blog.
Posted at 08:40 AM by Howard Bashman

"Medicaid filings put morals before court; Usual allies at odds in legal wrangling": Jim Provance has this front page article today in The Toledo Blade.
Posted at 08:36 AM by Howard Bashman

"Right-to-die challenge reaches Supreme Court": BBC News has this report.

And The Independent (UK) has an article headlined "Right-to-die case: Supreme Court hears case of Tony Nicklinson's widow and Paul Lamb; Campaigners argue the assisted suicide ban contravenes the European Convention on Human Rights."
Posted at 08:30 AM by Howard Bashman

"Crackdown on massage parlours spurs debate ahead of Supreme Court ruling": The Canadian Press has this report.

According to the article, "This Friday, Canada's top court will bring down a landmark decision on the legality of the country's anti-prostitution laws."
Posted at 08:27 AM by Howard Bashman

"Minnesota judges face new financial disclosure requirements; Fewer than half of state's top judges earned outside pay last year; Alan Page made nearly $50,000": The Minneapolis Star Tribune has this report.
Posted at 08:25 AM by Howard Bashman

"Cruel and Unusual: The lethal-injection dilemma." Jeffrey Toobin has this comment in The Talk of the Town section of the December 23, 2013 issue of The New Yorker.
Posted at 07:50 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links'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




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


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




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


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


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


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

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


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

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


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


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



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


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog