How Appealing

Tuesday, December 20, 2011

"Group files formal request for Gableman ethics investigation": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "A watchdog group filed a formal request Tuesday with the state Judicial Commission to investigate state Supreme Court Justice Michael Gableman's receipt of free legal services."
Posted at 10:44 PM by Howard Bashman


"A Matter of Trusts: What a lonely dissent in a trusts case tells us about Sonia Sotomayor." John Paul Rollert has this jurisprudence essay online at Slate.
Posted at 08:52 PM by Howard Bashman


"Court's file-sharing ruling favors Veoh Networks": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal appeals court ruled in favor of online file-sharing sites Tuesday in a battle with the music industry, saying a website owner that tries to keep users from posting copyrighted videos can't be sued for infringement by the publishing company that owns the copyrights."

The Associated Press reports that "Appeals court upholds ruling in favor of Veoh."

Terry Baynes of Reuters reports that "UMG loses appeal against video-sharing site."

And The Hollywood Reporter has a blog post titled "Ninth Circuit Court of Appeals Makes Landmark Ruling In Copyright Case; In an important victory to website owners, appellate circuit affirms that UGC site is eligible for statutory safe harbor from copyright liability."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:37 PM by Howard Bashman



Received in today's mail: The Justice Harry A. Blackmun bobblehead doll, created by The Green Bag.

And in somewhat related news, yesterday at :"The BLT: The Blog of Legal Times," Tony Mauro had a post titled "Roberts, Kagan Among Winners of Legal Writing Awards."
Posted at 03:24 PM by Howard Bashman



"Court overturns sex for Phillies tickets case": The Philadelphia Inquirer has a news update that begins, "The Superior Court of Pennsylvania on Tuesday reversed the attempted prostitution conviction of a woman who was famously tried for trying to trade sex for Phillies World Series tickets."

The Bucks County Courier Times has a news update headlined "Court overturns woman's sex-for-Phillies-tickets conviction."

And The Associated Press reports that "Pa. court tosses sex-for-tickets conviction."

I will post a link to today's ruling of the Superior Court of Pennsylvania once that court places the ruling online.

Update: The Superior Court's electronic docket sheet for this appeal reveals that the decision reversing the conviction is an unpublished memorandum opinion, which means that the Superior Court won't itself be posting the decision online.
Posted at 03:00 PM by Howard Bashman



By a vote of 7-2, en banc U.S. Court of Appeals for the Third Circuit has affirmed class certification of De Beers diamond nationwide antitrust settlement, notwithstanding that the laws of many states preclude indirect purchaser recovery: You can access today's 171-page ruling -- which consists of a majority opinion, a concurring opinion, and a lengthy and passionate dissenting opinion -- at this link.

In the interest of full disclosure, I briefed and argued this case on behalf of the objector who prevailed before the original three-judge Third Circuit panel but who has not prevailed before the en banc court. Day one of the 90-day period in which to file a petition for writ of certiorari in the Supreme Court of the United States is tomorrow.
Posted at 02:53 PM by Howard Bashman



Programming note and today's music selection: I am in Wilkes-Barre, Pennsylvania this morning in connection with a new appellate matter. Additional posts will appear here this afternoon.

In the meantime, I am pleased to present today's music selection -- the song "Little Talks" by the Icelandic group Of Monsters and Men, video via KEXP 90.3 FM Seattle.
Posted at 06:20 AM by Howard Bashman



"Gableman voted with law firm after receiving free legal services; He cast key vote in collective bargaining case": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley has an article that begins, "State Supreme Court Justice Michael Gableman in two cases cast the deciding vote in favor of parties represented by a law firm that gave him tens of thousands of dollars of free legal services, a review of state records shows."
Posted at 06:17 AM by Howard Bashman


"A Landlord's Uphill Fight to Ease Rent Restrictions": This article appears today in The New York Times.
Posted at 06:14 AM by Howard Bashman


"New cookbook: eating like a Supreme Court justice." The Associated Press has this report.
Posted at 06:11 AM by Howard Bashman


"Health trust board to appeal ruling; Group was directed to refund Dallas and Pittston Area school districts $5.1 million": This article, in which I am mentioned, appears today in The Times Leader of Wilkes-Barre, Pennsylvania.
Posted at 06:10 AM by Howard Bashman


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