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Tuesday, December 23, 2008 "Altria Ruling Ignites Legal Moves; Effort to Reopen Multibillion-Dollar Case Promises to Gain Fresh Life": Brent Kendall of Dow Jones Newswires has an article that begins, "The Supreme Court's ruling last week allowing smokers in Maine to sue Altria Group Inc.'s Philip Morris unit for allegedly deceptive advertising of 'light' cigarettes already is prompting new legal activity, including an effort to revive a multibillion-dollar case against the tobacco company that had been thrown out. The high court's decision came just in time for St. Louis trial lawyer Stephen Tillery, who filed a legal motion Thursday seeking to reopen a $10.1 billion judgment in Illinois he obtained against Philip Morris in 2003. The judgment was later tossed out by the Illinois Supreme Court, which said Mr. Tillery's plaintiffs couldn't sue the tobacco company for marketing cigarettes with 'light' and 'low tar' descriptions." Posted at 11:04 PM by Howard Bashman "Court limits appeals; State's justices rule against free legal representation for cases between 1994 and 2005": The Detroit News today contains an article that begins, "Poor defendants who want to appeal a case after they pleaded guilty or no contest cannot get free legal representation if they were convicted between 1994 and 2005, the Michigan Supreme Court ruled Monday. The U.S. Supreme Court in 2005 struck down as unconstitutional a Michigan law that barred the right to an appellate attorney for defendants who pleaded guilty or no contest. On Monday, the state's High Court ruled that the U.S. Supreme Court's decision three years ago applies only to defendants who were convicted after the federal ruling, or before the law barring automatic appeals went into effect in 1994." And The Associated Press provides a report headlined "Mich. court: Ruling on legal aid not retroactive." You can access yesterday's ruling of the Supreme Court of Michigan at this link. "Contempt order sought against Free Press reporter": The Detroit Free Press provides a news update that begins, "Former federal prosecutor Richard Convertino wants Free Press reporter David Ashenfelter held in contempt of court for refusing to reveal confidential sources in a U.S. Justice Department probe of Convertino's handling of a discredited Detroit terrorism case." The Detroit News has an update headlined "Judge asked to find reporter in contempt for failing to reveal source." And The Associated Press reports that "Atty seeks contempt order for Detroit reporter." "Court reinstates clean air rule during EPA fix": Jesse J. Holland of The Associated Press has a report that begins, "In a ruling hailed by environmentalists, a federal appeals court on Tuesday reinstated one of President George W. Bush's clean air regulations while the Environmental Protection Agency makes court-mandated changes." Bloomberg News reports that "EPA Power-Plant Limits to Remain Pending Redraft." And Dow Jones Newswires report that "US Court Temporarily Reinstates EPA Clean Air Interstate Rule." You can access today's decision of the U.S. Court of Appeals for the D.C. Circuit, on panel rehearing, at this link. "Dan Rather Hopes To Tell His Bush Story In Court": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 11:10 AM by Howard Bashman "Supreme Court watchers eye Obama": United Press International provides this report. Posted at 11:00 AM by Howard Bashman "Interrogation Wiggle Room? If it considers some leeway for the CIA, the Obama team shouldn't give ground on torture." This editorial appears today in The Washington Post. Posted at 08:55 AM by Howard Bashman "Budget woes are forcing courts to cut back on judges": The Salt Lake Tribune today contains an article that begins, "State court officials said Monday they plan to leave judicial vacancies unfilled indefinitely -- an unprecedented move tied to the state's budget woes. The first casualty is Judge Judith Billing's seat on the Utah Court of Appeals, which will remain open when she retires Dec. 31." Posted at 08:54 AM by Howard Bashman In commentary available online from FindLaw: Sherry F. Colb has an essay entitled "The U.S. Supreme Grants Review in Rivera v. Illinois: Reconciling Peremptory Challenges, Racial Discrimination and Harmless Error." And Marci Hamilton has an essay entitled "How the Bush Administration's Approach to Healthcare Providers' 'Conscience Rights' Illustrates Its Troublingly Unilateral Exercise of Power." "Judge Allen gets Jan. 6 date for reprimand": Paul Flemming has this post at The Tallahassee Democrat's "UpdateCapitol" blog. Posted at 08:47 AM by Howard Bashman "Gov. Charlie Crist's calls for diverse judicial picks might lead to lawsuit": Today's edition of The Orlando Sentinel contains an article that begins, "A 'broad and diverse' group of Florida lawyers is weighing a lawsuit over Gov. Charlie Crist's efforts to force two judicial nominating panels to send him more-diverse judicial picks." And today's edition of The Miami Herald contains an article headlined "Lawyers: Politics swayed Frank Jimenez's nomination to court." "European Countries May Take Detainees; Under Bush, Nations Refused to Resettle Guantanamo Prisoners": The Washington Post contains this front page article today. Posted at 08:35 AM by Howard Bashman "Families Who Sued Libya See Their Victory Voided; U.S. Pact Nullifies $6 Billion Award in '89 Bombing Over Africa": This article appears today in The Washington Post. Posted at 08:17 AM by Howard Bashman "Another jail Christmas for Chadwick": The Philadelphia Inquirer today contains an article that begins, "For the 14th Christmas morning in a row, H. Beatty Chadwick will wake up behind bars on Thursday. The former Main Line lawyer has spent nearly 14 years in the Delaware County jail for contempt of court - a U.S. record for time served on that charge. Neither the passage of time nor a battle with cancer has won sympathy for Chadwick from judges who believe he hid $2.5 million after his wife began divorce proceedings against him." Posted at 08:05 AM by Howard Bashman "The Debate Over Who Pays Fees When Litigants Mount Attacks": Dan Slater has this article today in The Wall Street Journal. Posted at 07:58 AM by Howard Bashman "Top court stirs up rules for DUI stops; Upholds conviction where girl told on dad": Today's edition The Newark (N.J.) Star-Ledger contains an article that begins, "The teenager and her father argued and she called police to report the dispute. As officers were on their way to the pair's Clifton home, she called back, saying he had gotten in his car and driven off. He was drunk, she told them. The father was stopped and arrested for drunken driving. Yesterday the state Supreme Court upheld the man's conviction, concluding a person can be stopped on suspicion of drunken driving on the basis of a reliable report that the person was intoxicated. The high court ruled the stop was valid even though the officers who arrested the man had not observed any erratic driving." You can access yesterday's ruling of the Supreme Court of New Jersey at this link. "Timing and luck crucial for seat on high court; Connections will matter as much as credentials if spots open up during Obama's presidency": Joan Biskupic has this front page article today in USA Today. Posted at 07:50 AM by Howard Bashman "NFL asks appeals court to reconsider suspensions": The Associated Press has a report that begins, "The NFL wants an appeals court to reconsider a federal judge's order that blocked the suspensions of five players for violating the league's anti-doping policy, according to court documents filed Monday in U.S. District Court in Minnesota." Posted at 07:38 AM by Howard Bashman  
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