How Appealing

Monday, November 30, 2009

"Convicted killer loses before Supreme Court": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A man who came within eight hours of execution in 2004 for the murders of two adults and two children in a Southern California home lost what may have been his final appeal Monday, when the U.S. Supreme Court refused to hear his claim of evidence tampering."
Posted at 08:02 PM by Howard Bashman


"The principal issue on this appeal is whether the Hostage Act has been validly applied to defendants who perpetrated an extortion scheme that used brief confinement of a taxi passenger to obtain a somewhat above average taxi fare." The U.S. Court of Appeals for the Second Circuit issued a ruling today in which that court examined the scope of the federal law enacted to implement the International Convention Against the Taking of Hostages.
Posted at 04:25 PM by Howard Bashman


"Overseas Reach of U.S. Securities Law Gets Hearing": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters reports that "U.S. top court to decide reach of securities law."
Posted at 04:17 PM by Howard Bashman



"Supreme Court rules to keep detainee abuse photos secret": Michael Doyle of McClatchy Newspapers has this report.

Warren Richey of The Christian Science Monitor reports that "Supreme Court decision lets Pentagon keep detainee photos secret; The Supreme Court Monday threw out a federal appeals court ruling requiring the release of photos that allegedly show abuse of US-held detainees in Iraq and Afghanistan; The court cited a new law that allows the Defense Secretary to withhold such photos."

And James Vicini of Reuters reports that "US top court orders more review in photo abuse case."
Posted at 04:15 PM by Howard Bashman



"Justices reject Ford's appeal of San Diego woman's $83-million award; The woman was paralyzed in 2002 when her Ford Explorer rolled over and its roof gave way; Ford argued that punitive damages were unconstitutional because the vehicle design met safety standards": David G. Savage of The Los Angeles Times has this news update.

And Greg Stohr of Bloomberg News reports that "Ford Loses U.S. High Court Appeal of $55 Million Rollover Award."
Posted at 04:10 PM by Howard Bashman



"Civil cases against judges involve emotional suffering": Today's edition of The Philadelphia Inquirer contains this front page article about the northeastern Pennsylvania judicial corruption scandal.
Posted at 04:05 PM by Howard Bashman


"Calif. court limits damages in harassment case": The Associated Press has this report on today's punitive damages ruling of the Supreme Court of California.
Posted at 04:02 PM by Howard Bashman


"9/11 attacks still haunt potential jurors; Wrenching questions of bias as New Yorkers contemplate trial duty": This article appears today in The Washington Post.
Posted at 03:25 PM by Howard Bashman


"Court hears Vioxx lawsuit arguments": Jesse J. Holland of The Associated Press has a report that begins, "Lawyers for Merck & Co. told the Supreme Court Monday investors waited too late and didn't do all of the necessary investigations to sue the drug maker over whether it properly warned about the risks of its blockbuster painkiller Vioxx."

You can access the transcript of today's U.S. Supreme Court oral argument in Merck & Co. v. Reynolds, No. 08-905, at this link.
Posted at 03:14 PM by Howard Bashman



"An Honest Debate: Court eyes how far the anti-fraud law goes." David G. Savage has this article in the December 2009 issue of ABA Journal magazine.
Posted at 03:08 PM by Howard Bashman


"Third Annual ABA Journal Blawg 100": That's the cover story of the December 2009 issue of ABA Journal magazine. And, once again, this blog has made the list.
Posted at 03:07 PM by Howard Bashman


"U.S. Supreme Court denies Nacchio again": Andy Vuong of The Denver Post has a news update that begins, "The U.S. Supreme Court, which in October denied Joe Nacchio's petition for a review of his insider trading conviction, today rejected the former Qwest chief executive's request for reconsideration."

And The Associated Press reports that "Court takes on fraud lawsuit vs. Australian bank."
Posted at 02:48 PM by Howard Bashman



"Federal judges argue for reduced sentences for child-porn convicts": This article appears today in The Denver Post.
Posted at 02:40 PM by Howard Bashman


"US Supreme Court to consider Fla. beach dispute": The Associated Press has this report.
Posted at 12:45 PM 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 today granted certiorari in three cases.

The Court also issued a unanimous per curiam opinion in Porter v. McCollum, No. 08-10537. And Justice Antonin Scalia issued a dissent from the Court's order granting a GVR in Webster v. Cooper, No. 08-10314. Instead of calling the outcome a GVR, Justice Scalia suggests describing it as an "SRMEOPR: Summary Remand for a More Extensive Opinion than Petitioner Requested."

In early news coverage, The Associated Press reports that "Court sides with Gov't in detainee photo case"; "Court won't disturb $82.6M award in SUV rollover"; "Court turns down Calif. death row inmate's appeal"; "Court won't revive student's suit over grad speech"; "Court won't keep paraplegic killer in prison"; and "Court won't hear appeal on airplane crash."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court scuttles photos ruling, grants 3 cases."
Posted at 10:06 AM by Howard Bashman



"Justice Breyer Reflects on Great Britain's Constitutional Evolution": Today in The Daily Journal of California, Lawrence Hurley has this interview with Justice Stephen G. Breyer.
Posted at 07:58 AM by Howard Bashman


Rulings addressing the scope of attorney-client privilege and the procedure for reducing a punitive damages award are scheduled to be released today by the Supreme Court of California: One decision scheduled for release today is expected to address whether the attorney-client privilege protects factual statements that outside counsel conveys to corporate counsel in a legal opinion letter and whether California's Evidence Code prohibits a trial court from conducting an in camera review of a legal opinion letter to determine whether the attorney-client privilege protects facts stated in the letter.

And another decision scheduled for release today is expected to address, among other things, whether an appellate court determine the maximum constitutionally permissible award of punitive damages when it has reduced the accompanying award of compensatory damages, or whether the court should remand to the trial court for a new determination of punitive damages in light of the reduced award of compensatory damages.

Both decisions are scheduled to be released today at 1 p.m. eastern time, 10 a.m. pacific time.
Posted at 07:45 AM by Howard Bashman



"Dispute pits accident victims against insurers": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The battle over health coverage has taken a new twist in California courts, where accident victims and insurers for those who caused the accidents are squaring off over the amount due for the victims' medical bills - a total that could run into the hundreds of millions of dollars."
Posted at 07:40 AM by Howard Bashman


"City moving to promote 14 firefighters": Today's edition of The New Haven Register contains a front page article that begins, "The city is wasting no time making court-ordered promotions for one Hispanic and 13 white firefighters who fought for and won advancement in the U.S. Supreme Court."

And The Yale Daily News reports today that "Firefighters promoted after lawsuit."
Posted at 07:38 AM by Howard Bashman



"Ruling: Pot allowance should be jury's call; Using state possession limits called improper." Today in The San Diego Union-Tribune, Greg Moran has an article that begins, "A state appeals court in San Diego has ruled that exactly how much marijuana a medical-marijuana user can legally possess is a question that jurors should decide, and using limits defined in state law is improper."

You can access the recent ruling of California's Court of Appeal for the Fourth Appellate District, Division One, at this link.
Posted at 07:35 AM by Howard Bashman



"Former stripper begins conviction appeal; Now serving 99 years; lawyers say jury unfairly tainted": This article appears today in The Anchorage Daily News.
Posted at 07:30 AM by Howard Bashman


"Accused Nazi Camp Guard on Trial in Germany": The New York Times has a news update from Munich that begins, "John Demjanjuk, a retired American autoworker, went on trial here Monday, accused of helping to force 27,900 Jews to their deaths during the Holocaust."

CNN.com reports that "Demjanjuk Nazi war crimes trial starts."

The Associated Press reports that "John Demjanjuk goes on trial in Germany."

And Bloomberg News reports that "Demjanjuk Nazi Trial Raises Historic Questions, Legal Obstacles."
Posted at 07:24 AM by Howard Bashman



Sunday, November 29, 2009

"'American Original' by Joan Biskupic: A new biography shows the intellectual prowess -- and interpretive liberties -- of Supreme Court Justice Antonin Scalia." In today's edition of The Los Angeles Times, Jim Newton has this review of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."
Posted at 10:14 PM by Howard Bashman


"Lawyers challenge anti-fraud provision in Supreme Court case": Joan Biskupic will have this article Monday in USA Today.
Posted at 10:10 PM by Howard Bashman


"The Abortion Distortion: Just how pro-choice is America, really?" This article will appear in the December 7, 2009 issue of New York Magazine.
Posted at 10:08 PM by Howard Bashman


"Death penalty in 9/11 trials may be difficult; Legal experts say Obama was overly confident when he said that critics of the New York trial would be silenced 'when the death penalty is applied to' suspect Khalid Shaikh Mohammed": David G. Savage will have this article Monday in The Los Angeles Times.
Posted at 10:05 PM by Howard Bashman


"Jessica's Law too vague to enforce? Most local offenders too close to schools, parks." This article appears today in The San Diego Union-Tribune.
Posted at 10:32 AM by Howard Bashman


"Supreme Court to take up anti-corruption law; Some say a ruling against the ban on 'honest services fraud' would take away one of the best weapons against public officials who use their positions to gain money, gifts or favors": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:27 AM by Howard Bashman


"Supreme Court to hear Florida beach-property rights case; Six Florida homeowners are asking the U.S. Supreme Court for help in a beach renourishment fight that left them without waterfront property": This article appears today in The Miami Herald.
Posted at 10:25 AM by Howard Bashman


Saturday, November 28, 2009

"New fight develops over rights of fetuses; Lawsuit filed to keep initiative off the ballot": Today's edition of The Anchorage Daily News contains an article that begins, "A ballot initiative that sponsors hope will outlaw abortion in Alaska by declaring fetuses to be 'legal persons' appears headed for a court fight."
Posted at 09:02 PM by Howard Bashman


"Destin homeowners take cases to court; Neighbors claim renourishing sand unconstitutional": This article appears today in The Pensacola News Journal.

And The Destin Log reports that "The Supreme Court will take up area restoration battle on Wednesday."
Posted at 03:50 PM by Howard Bashman



"Ruling puts gun verdicts at risk; Mass. convictions under scrutiny": Today's edition of The Boston Globe contains an article that begins, "Dozens of gun possession convictions statewide could be overturned in the coming months as state judges interpret a narrow US Supreme Court ruling that found Massachusetts routinely violated the constitutional rights of drug defendants. The 5-4 ruling by the nation's highest court, issued this summer, forced Massachusetts prosecutors to abandon the state's historic practice of using written lab reports in drug trials to prove that seized materials were illicit drugs."
Posted at 03:45 PM by Howard Bashman


"Retiring Chief Federal Patent Judge May Start Think Tank": The Wall Street Journal today contains an article that begins, "The retiring chief judge for the federal patent appeals court may start his own intellectual property think tank, where he will press for limited congressional meddling in U.S. patent law."
Posted at 03:44 PM by Howard Bashman


"Gun ruling reversal tests domestic violence law": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "A Rock County man sentenced to two years in federal prison for shooting a deer while he was on probation for domestic violence has had his case overturned by a federal appeals court. The case could have far-ranging impact in the gun-rights debate."

You can access the ruling that the U.S. Court of Appeals for the Seventh Circuit issued earlier this month at this link.
Posted at 03:35 PM by Howard Bashman



The Washington Post reports on SCOTUS angle to White House "gate-crashers": Today's edition of The Washington Post contains an article headlined "Days of wine and poses: Vintners Michaele & Tareq Salahi drink deeply from life, but not all is so sparkling" that begins, "Before Tareq and Michaele Salahi catapulted to international notoriety as possible White House gate-crashers this week, the Virginia socialites had their pictures taken with President Obama during his inauguration, Prince Charles at a polo match and Oprah Winfrey at another event. They had Supreme Court Justice Anthony M. Kennedy speak at their elaborate wedding, which more than 1,800 guests attended."
Posted at 09:30 AM by Howard Bashman


"Spin of Wheel May Determine Judge in 9/11 Case": This article appears today in The New York Times.
Posted at 09:00 AM by Howard Bashman


Friday, November 27, 2009

"Plaintiff's failure-to-warn claims against the manufacturers of metoclopramide, the generic version of Reglan, [are] not preempted by federal law": The U.S. Court of Appeals for the Eighth Circuit today issued a ruling that the court's web site summarizes as follows:
Plaintiff's failure-to-warn claims against the manufacturers of metoclopramide, the generic version of Reglan, were not preempted by federal law; district court did not err in dismissing plaintiff's claims against manufacturers of the name brand versions of the drug, as they did not owe her duty of care since she never took name brand versions of the drug and holding name brand manufacturers liable for harm caused by generic manufacturers stretches the concept of foreseeability too far.
The failure-to-warn claims at issue in the case arise under Minnesota law.
Posted at 02:25 PM by Howard Bashman


"Court rules against Wal-Mart workers": Kirk Makin of The Toronto Globe and Mail has a news update that begins, "A move to unionize the massive Wal-Mart store chain was dealt a blow this morning when the Supreme Court of Canada voted 6-3 against workers at a Quebec outlet that attempt to unionize."

The Montreal Gazette has a news update headlined "Supreme Court buys Wal-Mart stance on store closure."

And The Associated Press reports that "Canada high court rules for Wal-Mart in union case."

The Supreme Court of Canada issued two rulings in these cases today, and you can access them here (main ruling) and here (companion case).
Posted at 02:15 PM by Howard Bashman



"Canadian judge rules Happy Gilmore golf shot illegal; A Canadian judge decided that the 'Happy Gilmore' golf shot made famous by Adam Sandler, 'breached the standard of care' in a Nova Scotia Supreme Court case": This post appeared earlier this week at the "global news blog" of The Christian Science Monitor.

You can access the ruling of the Supreme Court of Nova Scotia at this link.
Posted at 11:08 AM by Howard Bashman



Available online from law.com: Marcia Coyle of The National Law Journal reports that "Small Firm Takes Big Bankruptcy Fight to High Court."

An article reports that "Supreme Court May Hear 'Cat's Paw' Case."

In other news, "9th Circuit Widens Split on Rights of Independent Contractors."

And an article reports that "N.J. Supreme Court to Weigh Employee's Use of Private Company Records in Bias Suit."
Posted at 10:58 AM by Howard Bashman



"No decisions in high court's horn of plenty": Mark Sherman and Jesse J. Holland of The Associated Press has a report that begins, "For the first time under Chief Justice John Roberts, the Supreme Court failed to issue opinions before Thanksgiving in any of the cases that were argued in recent months."
Posted at 10:50 AM by Howard Bashman


"Mental State Cited in 9/11 Case": Today in The Wall Street Journal, Jess Bravin has an article that begins, "When five defendants are brought before a New York federal judge to face charges for the terror attacks of Sept. 11, 2001, the first question may be whether some of them are competent to stand trial at all."

The newspaper also contains an op-ed by Thomas Wilner entitled "Obama Made the Right Call on KSM; A civilian court is the best venue for justice."
Posted at 08:37 AM by Howard Bashman



"Benefits for same-sex partners are expanding": This article appears today in The Washington Post.
Posted at 08:34 AM by Howard Bashman


"After Supreme Court clerkship, UW grad returns to teach at law school": The Wisconsin State Journal posted this article online yesterday afternoon.
Posted at 08:32 AM by Howard Bashman


"Playing by Reid's rules on filibusters": Today in The Washington Post, U.S. Senator Jeff Sessions (R-AL) has an op-ed that begins, "Legal scholars have long debated whether the filibuster may be used to keep judicial nominees off the bench."
Posted at 08:30 AM by Howard Bashman


Thursday, November 26, 2009

"Test case on shackling juveniles withdrawn; Opponents say practice is a violation of rights and traumatic for youth": This article appears today in The Gainesville Sun.
Posted at 01:30 PM by Howard Bashman


"New Michigan Supreme Court rule will let judges toss one of their own": Today's edition of The Detroit Free Press contains an article that begins, "The Michigan Supreme Court enacted a rule late Wednesday that will allow, for the first time, a majority of justices to remove a colleague from a case for alleged bias. The rule, enacted on a 4-3 vote, is the most obvious indication so far of the change wrought by last year's election in which then-Chief Justice Clifford Taylor was defeated by Justice Diane Hathaway."
Posted at 01:27 PM by Howard Bashman


"Execution can proceed under new Ohio standards": The Associated Press has this report.

The Columbus Dispatch reports today that "Way cleared for man's execution by new method."

The Vindicator of Youngstown, Ohio reports today that "Family hails Biros ruling."

And Bill Mears of CNN.com reports that "Court allows Ohio executions to resume."

You can access yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 01:14 PM by Howard Bashman



"Kentucky's Highest Court Halts Executions in State": John Schwartz has this article today in The New York Times.

The Louisville Courier-Journal reports today that "High court rules regulation needed for lethal injection."

The Lexington Herald-Leader contains an article headlined "Court: No executions until death penalty process changed."

And The Associated Press reports that "Ky. court says state must readopt lethal injection."

You can access yesterday's 4-3 ruling of the Supreme Court of Kentucky at this link.
Posted at 12:50 PM by Howard Bashman



"From Footnote to Fame in Civil Rights History": The New York Times contains this article today.
Posted at 12:40 PM by Howard Bashman


"Turkey slaughter lawsuit won't fly, judges rule; A federal appeals panel says the Humane Society did not have the standing to sue the USDA for asserting that a 1958 congressional act mandating humane slaughter does not extend to poultry": This article appears today in The Los Angeles Times.

My earlier coverage of last Friday's Ninth Circuit ruling appears at this link.
Posted at 12:38 PM by Howard Bashman



Wednesday, November 25, 2009

"The Alienator: Making sense of Justice Scalia's personality--and his theory." Online at Slate, Emily Bazelon has this review of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a related post titled "Gobble, Gobble v. Quack, Quack" that begins, "Just about everyone knows now that Justice Antonin Scalia likes to hunt."
Posted at 07:54 PM by Howard Bashman



"Obama Wants Computer Privacy Ruling Overturned": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 07:48 PM by Howard Bashman


"The strange case of Al-Ghizzawi": Lyle Denniston has this interesting post this evening at "SCOTUSblog."
Posted at 07:44 PM by Howard Bashman


By a vote of 7-2, the Washington State Supreme Court upholds an $8 million default judgment, plus reasonable attorneys' fees, against the car manufacturer Hyundai for "deliberate and willful discovery abuse": Today's ruling consists of a majority opinion and a dissenting opinion.

Update: The Associated Press reports that "Wash. court reinstates $8M award against Hyundai."
Posted at 11:23 AM by Howard Bashman



"City to pay $50,000 for citation issued over obscene gesture": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The city of Pittsburgh has tentatively agreed to pay $50,000 to settle a federal lawsuit brought by a man who was cited in 2006 for giving the middle finger to a motorist and a police officer."
Posted at 07:48 AM by Howard Bashman


"Ruling Lets Atlantic Yards Seize Land": This article appears today in The New York Times.

The Wall Street Journal reports today that "Builders Net Win in N.Y. Case; Court Says State Can Claim Land for Brooklyn Project; Game Is Back on for NBA Arena."

Bloomberg News reports that "Bruce Ratner's Atlantic Yards Project Will Proceed."

Reuters reports that "NY top court rules for state in Atlantic Yards case."

And The New York Law Journal reports that "Atlantic Yards Plan Clears Hurdle With Ruling on Eminent Domain."

My earlier coverage of yesterday's New York State Court of Appeals ruling appears at this link.
Posted at 07:48 AM by Howard Bashman



"Key coordinator of detainee policy quits": Today's edition of The Washington Post contains an article that begins, "A key official in the Obama administration's effort to remake detention policy and close the military prison at Guantanamo Bay has resigned. Phillip Carter, who was appointed deputy assistant secretary of defense for detainee policy in April, said in a brief telephone interview that he was leaving for 'personal and family reasons' and not because of any policy differences with the administration."

And Carol Rosenberg of The Miami Herald reports that "Detainee policy appointee quits Pentagon post."
Posted at 07:32 AM by Howard Bashman



"Promotions ordered for New Haven firefighters": The New Haven Register today contains an article that begins, "A U.S. District Court judge, under instruction by the Supreme Court, Tuesday entered a judgment finding that the city violated the civil rights of a group of white firefighters when it threw out two promotional exams in 2004, and ordered the city to promote 14 of them."

And The Associated Press reports that "Judge orders New Haven firefighter promotions."
Posted at 07:24 AM by Howard Bashman



"U.S. Senate committee to consider nomination of R.I. judge": Today's edition of The Providence Journal contains an article that begins, "The U.S. Senate Judiciary Committee will consider President Obama's nomination of Rhode Island Superior Court Judge O. Rogeriee Thompson to the 1st U.S. Circuit Court of Appeals on Tuesday."
Posted at 07:20 AM by Howard Bashman


"Prempro plaintiffs' lawyers sold their story to the jury": This article appears today in The Philadelphia Inquirer.
Posted at 07:14 AM by Howard Bashman


Tuesday, November 24, 2009

"Justice a unique voice on high court": In today's edition of The Atlanta Journal-Constitution, Bill Rankin has this article about Presiding Justice George H. Carley of the Supreme Court of Georgia.
Posted at 08:54 PM by Howard Bashman


"Court Kills 'Round-The-Clock' Surveillance Case": At Wired.com's "Threat Level" blog, David Kravets has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued last week.
Posted at 08:52 PM by Howard Bashman


"Feds seek rehearing of baseball drug list ruling": The Associated Press has this report.

Update: At "The Volokh Conspiracy," law professor Orin Kerr has this post linking to an online copy of the rehearing petition.
Posted at 06:03 PM by Howard Bashman



"The issue before us is whether a School District, in order to maintain a policy of complete religious neutrality, may prohibit celebratory religious music at school-sponsored events." So begins an opinion that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 01:58 PM by Howard Bashman


"Atlantic Yards Project in Brooklyn Clears Legal Hurdle": The New York Times has a news update that begins, "The last major obstacle to a groundbreaking for the $4.9 billion Atlantic Yards development in Brooklyn fell Tuesday when New York's highest court, the Court of Appeals, dismissed a challenge to the state's use of eminent domain on behalf of the developer, Bruce C. Ratner."

And The Associated Press has a report headlined "Court: NY can seize property for new NJ Nets arena."

You can access today's ruling of the New York State Court of Appeals at this link.
Posted at 10:52 AM by Howard Bashman



"Landowners on Florida beaches fighting to be sand owners, too; Supreme Court to examine 'taking' of private property": Robert Barnes has this article today in The Washington Post.
Posted at 08:50 AM by Howard Bashman


"Line Drawn in One Case Dissolves in Another": In today's edition of The New York Times, Adam Liptak has this new installment of his "Sidebar" column.
Posted at 08:47 AM by Howard Bashman


"Right and Left Join to Oppose Government in Criminal Cases": Adam Liptak has this article today in The New York Times.
Posted at 08:02 AM by Howard Bashman


"A costly recount": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "At the risk of being nicknamed the million-dollar man, Pittsburgh lawyer Templeton Smith Jr. insisted on a costly - and likely fruitless - recount in the close race for a fourth seat on the Pennsylvania Superior Court."
Posted at 07:35 AM by Howard Bashman


"Trial Over Death Threats Against Federal Judges Could Test Free Speech Rules Online; Media lawyers say case may carve out new precedent to cover the Internet free-for-all of invective": Lynne Marek of The National Law Journal has this report. This version of the article should be freely accessible without registration, unlike the version of the article that I linked to yesterday.
Posted at 07:32 AM by Howard Bashman


"Pfizer faces $103 million in Prempro damages": This front page article appears today in The Philadelphia Inquirer.

Today's edition of The New York Times contains an article headlined "Another Loss for Pfizer in Drug Suits."

In The Legal Intelligencer, Amaris Elliott-Engel reports that "Drugmakers Get Double Dose of Bad News Over Hormone-Replacement Therapy Products; Jury sets $34 million in punitive and compensatory damages Monday; an earlier verdict, unsealed the same day, is for $78 million."

And Dow Jones Newswires report that "Pa. Jury Orders Pfizer To Pay $28 Million In Punitive Damages."
Posted at 07:28 AM by Howard Bashman



Monday, November 23, 2009

"Pfizer Units' Damages for Menopause Drugs Exceed $165 Million": Bloomberg News has a report that begins, "Two Pfizer Inc. units have been ordered by juries to pay more than $165 million in punitive damages to women who developed cancer after taking a menopause drug, the women's lawyers said."

And The Associated Press reports that "$75M verdict unsealed in Prempro-cancer case."
Posted at 06:00 PM by Howard Bashman



"Ga. high court rules mower isn't a motor vehicle": The Associated Press has this report on a 4-3 ruling that the Supreme Court of Georgia issued today.
Posted at 05:24 PM by Howard Bashman


"Abortion slaying suspect may use necessity defense": The Associated Press has this report.
Posted at 02:22 PM by Howard Bashman


"NY's top court rejects prison phone rate refunds": The Associated Press has a report that begins, "New York's highest court ruled Monday that families forced to pay high phone rates to talk to relatives in state prison won't receive refunds for the cost."

You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link.
Posted at 12:45 PM by Howard Bashman



"How much threat raised by threat: Trial over calls for death of 7th Circuit judges could test free speech rules online." Lynne Marek of The National Law Journal has this report (free registration required).
Posted at 09:40 AM by Howard Bashman


"USA Today Supreme Court Correspondent Joan Biskupic, fmr. Dpty. Solicitor General Maureen Mahoney & Attorney David Frederick join a panel discussion previewing upcoming Supreme Court cases": You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" by clicking here.

And if you're one of those for whom a one-hour SCOTUS preview is simply not enough, you can view the entire two-hour panel discussion by clicking here.
Posted at 08:00 AM by Howard Bashman



"Grape board's ads immune to legal challenge": Bob Egelko had this article Saturday in The San Francisco Chronicle.

My earlier coverage of last Friday's Ninth Circuit ruling can be accessed here.
Posted at 07:56 AM by Howard Bashman



"Lawsuits place global warming on more dockets": This article appears today in USA Today.
Posted at 07:45 AM by Howard Bashman


"Hagan drove court nominations": Today's edition of The News & Observer of Raleigh, North Carolina contains an article that begins, "Word about North Carolina's shoddy representation on the 4th Circuit Court of Appeals reached U.S. Sen. Kay Hagan last year the way such political concerns often do: by way of a friend of a friend."
Posted at 07:44 AM by Howard Bashman


"R.I. Supreme Court appointment may be delayed": This article appeared Saturday in The Providence Journal.
Posted at 07:26 AM by Howard Bashman


"Post-Pizza: Who will judge Khalid Sheikh Mohammed?" Jeffrey Toobin has this "Talk of the Town" essay in the November 30, 2009 issue of The New Yorker.

And today's edition of The New York Times contains an article headlined "Terrorism Trial May Point Way for 9/11 Cases."
Posted at 07:20 AM by Howard Bashman



Sunday, November 22, 2009

"Lethal injection creator fine with 1 drug in Ohio": The Associated Press has a report that begins, "The man considered the father of lethal injection in the United States said it doesn't matter whether three fatal drugs are used or one -- as his home state of Ohio has proposed -- as long as the drug works efficiently."
Posted at 08:35 PM by Howard Bashman


"Prosecutors Drop Plans to Appeal Lori Drew Case": Kim Zetter has this post at Wired.com's "Threat Level" blog.
Posted at 08:27 PM by Howard Bashman


"Experts: Success unlikely in Kevin Cooper's bid to Supreme Court." Yesterday's edition of The Inland Valley Daily Bulletin contained this article, along with an article headlined "Defense organizations lobby Supreme Court in support of Cooper."
Posted at 03:04 PM by Howard Bashman


"South Florida man at forefront of effort to legalize gay adoption": This article appears today in The South Florida Sun-Sentinel, along with an article headlined "DCF lawyer: Put gay man's kids back up for adoption."
Posted at 03:00 PM by Howard Bashman


"New face of court testimony": Today's edition of The Nashua (N.H.) Telegraph contains an article that begins, "When a Nashua detective took the witness stand to testify against accused child molester Jose Hernandez, he wore a piece of clothing more commonly worn by a burglar or stickup artist: a ski mask."

You can access Tuesday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 02:58 PM by Howard Bashman



"Pa. beer sales at center of court case": This article appears today in The York Sunday News.
Posted at 02:50 PM by Howard Bashman


"U.S. Supreme Court: Will the justices walk the way of the cross?" Michael Kirkland of UPI has an article that begins, "Sometime soon, the U.S. Supreme Court again will be obliged to rule on the constitutionality of a religious symbol on public land."
Posted at 02:47 PM by Howard Bashman


"Federal Circuit Chief Judge Paul Michel Announces Retirement": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 02:44 PM by Howard Bashman


"Addicted, followers at trial can't get enough; For attorneys, law students and regular folks, the Petters saga has it all": This article appears today in The Minneapolis Star Tribune.
Posted at 02:37 PM by Howard Bashman


Saturday, November 21, 2009

"Court ruling clears way for bonfire lawsuits": Chuck Lindell has this article today in The Austin American-Statesman.

And The Fort Worth Star-Telegram reports that "Texas Supreme Court may send A&M bonfire case back to trial court."
Posted at 11:10 PM by Howard Bashman



"Do Defendants Get Enough Warning About a Guilty Plea's Consequences?" Tony Mauro of The National Law Journal has this report.
Posted at 11:08 PM by Howard Bashman


"Utah Supreme Court rules strip club tax constitutional; escort tax isn't": Today's edition of The Deseret News contains an article that begins, "The Utah Supreme Court has ruled that a state tax imposed on strip clubs is constitutional. Its imposition on companies offering escort services, however, is unconstitutional."

You can access yesterday's ruling of the Supreme Court of Utah at this link.
Posted at 10:58 PM by Howard Bashman



"Fight Over Jewish Symbol Heads to Trial": John Schwartz has this article today in The New York Times.

My earlier coverage of this recent Seventh Circuit en banc ruling appears at this link.
Posted at 10:35 PM by Howard Bashman



Friday, November 20, 2009

"Prison holds promise for job-strapped town; Politicians can argue about detainee danger, but work is work": Saturday's edition of The Washington Post will contain an article that begins, "On the edge of a cornfield 150 miles from Chicago lies a prison, all but vacant, that could become the new Guantanamo."

And The Kansas City Star has a news update headlined "Ashcroft says trying terrorists in federal court jeopardizes U.S. safety."
Posted at 10:48 PM by Howard Bashman



"Ex-Smoker Wins Against Philip Morris": Saturday's edition of The New York Times will contain an article that begins, "Legal experts predict that thousands of tobacco lawsuits could gain momentum in Florida after a Fort Lauderdale jury ordered Philip Morris USA to pay $300 million to a former smoker who says she needs a lung transplant."
Posted at 10:30 PM by Howard Bashman


"These Men Could Kill SarbOx: Two tenacious Washington lawyers have the Sarbanes-Oxley Act in their sights--and they just might take it down." BusinessWeek posted this article online yesterday.
Posted at 10:22 PM by Howard Bashman


"Judge: Ciavarella, Conahan immune from civil suits for in-court actions." The Citizen's Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "A federal judge has ruled that former judges Michael T. Conahan and Mark A. Ciavarella Jr. are immune from damages in civil suits stemming from the kids-for-cash scandal for actions they took in court, but not for their out-of-court actions."

And The Associated Press reports that "2 Pa. judges given partial immunity in civil suit."

You can access today's ruling of the U.S. District Court for the Middle District of Pennsylvania at this link.
Posted at 05:22 PM by Howard Bashman



"$6M verdict upheld in McDonald's strip search case": The Associated Press has a report that begins, " A Kentucky appeals court upheld a $6.1 million award to a former fast food worker who was forced to strip in a McDonald's restaurant office after someone called posing as a police officer."

And NBC affiliate WAVE 3 TV in Louisville, Kentucky reports that "Appeals court upholds $6 million award in McDonald's strip search case."

You can access today's ruling of the Court of Appeals of Kentucky at this link.
Posted at 03:57 PM by Howard Bashman



"What the Law Commands": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "The ostensible topic of a recent argument before the Supreme Court was lawyering, but the real subject turned out to be judging. An exchange between Chief Justice John G. Roberts Jr. and one of the lawyers was illuminating."

In addition, Greenhouse has this recent law review article about Justice Stephen G. Breyer (via "SCOTUSblog").
Posted at 03:37 PM by Howard Bashman



"Gay Marriage Gets Boost from Ninth Circuit": law.com's Dan Levine has a report that begins, "Not one to be left out of a constitutional thicket, Ninth Circuit U.S. Court of Appeals Chief Judge Alex Kozinski granted health benefits Thursday to the same-sex partners of court employees. Kozinski's order comes a day after his colleague, Judge Stephen Reinhardt, issued his own published directive that a federal public defender be awarded back pay because his same-sex partner's benefits had been denied."

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Give in on same-sex benefits, judge orders feds."

The order that Ninth Circuit Chief Judge Alex Kozinski issued yesterday can be accessed here.
Posted at 02:37 PM by Howard Bashman



Just in time for Thanksgiving -- a federal appellate court considers whether chickens, turkeys and other domestic fowl are excluded from the humane slaughter provisions of the "Humane Methods of Slaughter Act of 1958": The U.S. Court of Appeals for the Ninth Circuit issued this ruling today. Today's decision fails to resolve that question, holding instead that the plaintiffs lacked standing to sue.
Posted at 02:27 PM by Howard Bashman


"We are again faced with the question whether a state statutory scheme requiring growers to fund generic advertising for promotion of an agricultural product violates the First Amendment." So begins a ruling that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Table grapes are today's First Amendment food item. As for the court's holding, today's majority opinion concludes, "The district court did not err in granting summary judgment to the Table Grape Commission on the ground that its promotional activities constitute government speech and are thus immune to challenge under the First Amendment."
Posted at 02:15 PM by Howard Bashman


"Wesley Snipes appeals 3 tax convictions in Georgia": The Associated Press now has this updated report on today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 01:35 PM by Howard Bashman


"Racism alleged in Wall Street Journal editorial on Butler": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "A state senator, a former state Supreme Court justice and a Wisconsin lawyer accused The Wall Street Journal of racism Thursday for referring to an African-American judicial nominee as 'the White House Butler.'"

The editorial that The Wall Street Journal published yesterday carried the headline "The White House Butler: A judge twice rejected by voters is nominated by President Obama."
Posted at 11:17 AM by Howard Bashman



Take the "PACER Online Satisfaction Survey": You can access the survey by clicking here.
Posted at 11:11 AM by Howard Bashman


"The question then is whether the Michigan Legislature can constitutionally provide that a felon who possesses a firearm shall be convicted of and punished for violating two criminal statutes: felon in possession of a firearm, and possession of a firearm while being a felon in possession of a firearm." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision, which fans of the U.S. Constitution's double jeopardy clause are likely to find quite interesting.
Posted at 11:03 AM by Howard Bashman


"Wesley Snipes appeals 3 tax convictions in Georgia": The Associated Press is reporting that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit is scheduled to hear oral argument today in Atlanta of Wesley Snipes' appeal from his convictions on charges of failing to file tax returns.
Posted at 09:30 AM by Howard Bashman


"Hoosier judge OK'd with boost by Lugar": The Journal Gazette of Fort Wayne, Indiana contains this article today, along with an editorial entitled "Hamilton qualified to judge."

The Indianapolis Star reports today that "Hamilton is confirmed for seat on appeals court."

And Thomas Ferraro of Reuters reports that "Senate confirms long-stalled Obama judicial pick."
Posted at 09:24 AM by Howard Bashman



"In New Orleans, Elation Over Katrina Liability Ruling": This article, in which I am quoted, appears today in The New York Times.

The Associated Press reports that "Katrina ruling could bring new deluge of lawsuits."

And yesterday, The Times-Picayune of New Orleans reported that "Corps' operation of MR-GO doomed homes in St. Bernard, Lower 9th Ward, judge rules." You can access Wednesday's ruling at this link.
Posted at 07:12 AM by Howard Bashman



Thursday, November 19, 2009

"The Real Price of Trying KSM: Defense lawyers will inevitably create bad law." David Feige has this jurisprudence essay online at Slate.
Posted at 08:50 PM by Howard Bashman


"Fla. jury awards $300 million in ex-smoker's suit": The Associated Press has this report.
Posted at 07:28 PM by Howard Bashman


"U.S. Senate confirms Hoosier nominee": The Indianapolis Star has this news update.

The Journal Gazette of Fort Wayne, Indiana has a news update headlined "Hoosier judge confirmed to appeals court."

Warren Richey of The Christian Science Monitor reports that "Senate OK's David Hamilton to be US appeals court judge; Judge David Hamilton is elevated to the US appeals court, after GOP effort to stall a vote failed; Republican resistance signals more political fights are likely over Obama's nominees to the federal bench."

Bloomberg News reports that "Senate Confirms Obama Federal Appeals Court Nominee."

And Politico.com reports that "Senate confirms controversial judge."
Posted at 07:22 PM by Howard Bashman



"Jesus vs. Allah: The fight over God's secular title." Dahlia Lithwick will have this essay in the November 30, 2009 issue of Newsweek.
Posted at 07:10 PM by Howard Bashman


"Senate confirms controversial judge": The Associated Press has a report that begins, "The Senate has confirmed David Hamilton for the Chicago-based federal appeals court after Democrats stopped a Republican filibuster. Conservatives targeted Hamilton, labeling him a liberal activist. Hamilton, a U.S. district judge from Indiana, was approved 59-39 and became the eighth of President Barack Obama's judicial nominees to win confirmation. He is the third nominee confirmed to serve on an appeals court."

You can access the U.S. Senate's official roll call vote tally at this link.
Posted at 03:35 PM by Howard Bashman



Ninth Circuit upholds order refusing to allow Campaign for California Families to intervene in lawsuit challenging the constitutionality of Proposition 8, a state ballot initiative restricting the definition of marriage to the union of a man and a woman: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:44 PM by Howard Bashman


The paragon of recusal: The Associated Press reports that "6 Ala. judges recuse themselves from Paragon suit."
Posted at 12:18 PM by Howard Bashman


"Court Upholds Recognition of Gay Marriages in Narrow Ruling": The "City Room" blog of The New York Times has a post that begins, "The state's highest court rejected a challenge by opponents of same-sex marriage to policies that recognize same-sex marriages performed in other states, though the decision gives gay advocates a small victory because it applies to a relatively limited number of people."

And The Associated Press has a report headlined "NY court: Married gay couples entitled to benefits."

You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link.
Posted at 10:25 AM by Howard Bashman



"Kennedy's School-Press Incident Wasn't the First": Today in The Wall Street Journal, Jess Bravin has an article that begins, "Justice Anthony Kennedy got into a messy situation this month after a widely circulated report that his office made a school newspaper get permission before running an article about the justice. It turns out the incident at New York's Dalton School wasn't the only such case. In October, student press at George Washington University faced a similar requirement when covering Justice Kennedy's Oct. 15 lecture to a law school audience."

Additional related coverage can be accessed via this post of mine from last night.
Posted at 09:42 AM by Howard Bashman



"Holder Defends Decision to Use U.S. Court for 9/11 Trial": Charlie Savage has this article today in The New York Times.

The Washington Post reports today that "Holder answers to 9/11 relatives about trials in U.S.; Views mixed Attorney general also faces questions in Senate hearing."

The Los Angeles Times reports that "Obama and Holder defend plans to try Sept. 11 suspects; Republican lawmakers question whether a civilian trial would be successful and say it might again make New York a terrorist target; Holder counters: 'We need not cower in the face of this enemy.'"

Warren Richey of The Christian Science Monitor has an article headlined "Holder: 'Failure not an option' in New York 9/11 terror trial; But Attorney General Eric Holder also told senators Wednesday that accused 9/11 mastermind Khalid Sheikh Mohammed could be detained indefinitely if acquitted in a New York terror trial." The Monitor also reports that "New York divided over 9/11 terror trials; New York has seen seven major terror trials in the past, the most of any city in America; But residents -- both ordinary citizens and elected officials -- appear to be split over the decision to try the perpetrators of the 9/11 attacks in the city."

USA Today reports that "Obama predicts execution in 9/11 case; President confident in justice system."

Evan Perez of The Wall Street Journal reports that "Holder Is Confident of 9/11 Convictions."

James Rosen of McClatchy Newspapers reports that "GOP senators, Holder clash over New York trials for 9/11 plot."

And The Washington Times reports that "Holder suggests acquittal won't free terrorist; Defends trial in New York."

Meanwhile, from the Guantanamo Bay Navy Base in Cuba, Carol Rosenberg of The Miami Herald has articles headlined "Broken deadline not a surprise at Guantanamo; No reinforcements, and no surprise at Guantanamo, as word spread that President Barack Obama confirmed the White House will miss its closure deadline" and "Guantanamo war court back in session."
Posted at 09:35 AM by Howard Bashman



"Some Courts Raise Bar on Reading Employee Email; Companies Face Tougher Tests to Justify Monitoring Workers' Personal Accounts; Rulings Hinge on 'Expectation of Privacy'": Dionne Searcey has this article today in The Wall Street Journal.
Posted at 09:24 AM by Howard Bashman


"Texas marriages in legal limbo because of constitutional amendment, candidate says": In yesterday's edition of the Fort Worth Star-Telegram, Dave Montgomery had an article that begins, "Texans: Are you really married? Maybe not. Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state."
Posted at 09:20 AM by Howard Bashman


"4 for the 4th Circuit; Obama Moves Quickly to Fill Vacancies, But Will Nominees Change Court's Conservative Outlook?" David Ingram of The National Law Journal has this report.
Posted at 09:00 AM by Howard Bashman


"Judge orders compensation for gay couple who were denied healthcare, other benefits; Skirting the Defense of Marriage Act, a 9th Circuit judge orders that a federal attorney be reimbursed the costs associated with the denial of coverage for his husband": Carol J. Williams has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Ruling favors married gay federal lawyer."

Denny Walsh of The Sacramento Bee reports that "Judge rules same-sex couple must be repaid after denial of benefits."

And The Associated Press has a report headlined "Judge: Feds must grant gay lawyer insurance pay."

Circuit Judge Stephen Reinhardt is the author of yesterday's order of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 07:25 AM by Howard Bashman



Wednesday, November 18, 2009

"Holder Laughed: The attorney general tries to sell us on New York terror trials." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:15 PM by Howard Bashman


"Judge Thomas Porteous' behavior prompts questions about entire New Orleans area judiciary": The Times-Picayune has this news update.

Yesterday's edition of that newspaper had an update headlined "Wheels of Congress grind slowly in Judge Thomas Porteous impeachment."

And yesterday at "The BLT: The Blog of Legal Times," Jeff Jeffrey had a post titled "At Porteous Hearing, Lawyer Says No Return Expected on Cash Gifts to Judge."
Posted at 10:05 PM by Howard Bashman



"Conviction of Sheik's Lawyer for Assisting Terrorism Is Upheld": Today's edition of The New York Times contains an article that begins, "A federal appeals court panel in Manhattan on Tuesday upheld the conviction of Lynne F. Stewart, the outspoken defense lawyer who was found guilty in 2005 of assisting terrorism by smuggling information from an imprisoned client to his violent followers in Egypt."

The New York Post reports today that "Harder time urged for jailbound Lynne."

law.com reports that "2nd Circuit Upholds Disbarred Lawyer's Conviction in Terror Case."

And the blog "Gawker" has a post titled "Activist Judges Affirm Activist Attorney's Conviction."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:15 PM by Howard Bashman



"Obama, Holder predict conviction in 9/11 case": The Associated Press has this report.

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Leahy wants TV feed of KSM trial for victims."
Posted at 08:02 PM by Howard Bashman



Good thing The New York Times doesn't provide Justice Anthony M. Kennedy with pre-publication review: Or else he probably would have killed what he refers to as this "stupid story" by Adam Liptak, which the newspaper published one week ago, and thereby would have denied us the spectacle of today's flap over the article's newsworthiness.

Today in The Wall Street Journal, Jess Bravin has articles headlined "Kennedy Frustrated Over School-Press Flap" and "Justice Kennedy's Day of Misunderstanding." Although Justice Kennedy calls the subject matter of Liptak's article "stupid," Justice Kennedy does not dispute the accuracy of what Liptak has reported.
Posted at 07:51 PM by Howard Bashman



Tuesday, November 17, 2009

Programming note: I'll be waking up very, very early on Wednesday morning to travel to Washington, DC to participate in the "Justice and Journalism" program at the Newseum. Depending on the availability of wireless internet access and program protocol, additional posts may not appear here until Wednesday evening.
Posted at 10:14 PM by Howard Bashman


"Second Amendment Protects All Americans, Supreme Court Told": Declan McCullagh has this post today at his "Taking Liberties" blog hosted by CBSNews.com.
Posted at 10:00 PM by Howard Bashman


"Report Released On W.Va. Judicial Reform": Today's edition of The Wheeling News-Register contains an article that begins, "A committee to reform West Virginia's courts suggests a pilot program to publically fund one state Supreme Court race in 2012. The Independent Commission on Judicial Review commissioned by Gov. Joe Manchin in April released its report Monday on how best to improve the public's perception of justice in West Virginia's courts."

Today's edition of The Charleston (W. Va.) Daily Mail contains an article headlined "Judicial report takes gradual approach to reform."

The Associated Press reports that "Panel proposes 2nd appeals court for W.Va."

And The West Virginia Record reports that "Judicial Reform panel submits report."

You can access the final report of the West Virginia Independent Commission on Judicial Reform at this link.
Posted at 09:02 PM by Howard Bashman



"Moyer, others want justice selection changed": Today's edition of The Columbus Dispatch contains an article that begins, "Chief Justice Thomas J. Moyer has been elected to the Ohio Supreme Court four times. That's at least two times too many, he figures."
Posted at 08:54 PM by Howard Bashman


Articles of interest available online at SSRN: Law professor Richard A. Epstein has an article entitled "NRA v. City of Chicago: Does the Second Amendment Bind Frank Easterbrook?" (via "Legal Theory Blog").

Law professor Amy E. Sloan has an article entitled "The Dog that Didn't Bark: Stealth Procedures and the Erosion of Stare Decisis in the Federal Courts of Appeals" (via "Legal Theory Blog").

And Stefanie Lepore has an article entitled "The Development of the Supreme Court Practice of Calling for the Views of the Solicitor General" (via "Legal Theory Blog").
Posted at 08:52 PM by Howard Bashman



"Justice Scalia speaks about Constitution in Ohio": The Associated Press has this report.
Posted at 08:27 PM by Howard Bashman


"Alleged 9/11 plotters 'stoic,' polite on learning of New York trial": Carol Rosenberg of The Miami Herald has this news update.

And Wednesday's edition of The New York Times will contain an article headlined "Illinois Town Divided Over Moving Terror Suspects."
Posted at 08:10 PM by Howard Bashman



"Obama court nominee David Hamilton clears Senate hurdle; A Republican effort to stall an Obama appeals court nominee failed Tuesday; A full Senate vote on Judge David Hamilton is set for Wednesday": Warren Richey of The Christian Science Monitor has this report.

The Journal Gazette of Fort Wayne, Indiana has a news update headlined "Senate agrees to allow vote on Hoosier judicial nominee; Lugar votes to stop GOP filibuster."

The Birmingham News has an update headlined "Jeff Sessions loses vote, makes his point."

The Mobile Press-Register has a news update headlined "U.S. Sen. Jeff Sessions' bid to filibuster federal court nominee fails."

Bloomberg News reports that "Obama Judge Selection Advances as Senate Clears Way for Debate."

And Politico.com reports that "Senate ends debate over judicial nominee."
Posted at 08:07 PM by Howard Bashman



"Court Upholds Restriction on Fifth Avenue Parades": A.G. Sulzberger has this post at the "City Room" blog of The New York Times.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 08:02 PM by Howard Bashman



"Md. city aims for balance with Dred Scott plaque": The Associated Press has this report.

The Frederick (Md.) News-Post has an update headlined "Dred Scott plaque dedicated at City Hall."

And today's edition of The Baltimore Sun contains an article headlined "Recognition for Dred Scott, wife; Frederick places bronze plaque near monument to Taney, who decided slave's fate."
Posted at 05:55 PM by Howard Bashman



"Controversial court nominee survives Senate test": The Associated Press now has an updated report that begins, "Democrats on Tuesday crushed a Senate filibuster against a controversial appeals court nominee, demonstrating to Republicans they can't stop President Barack Obama from turning the federal judiciary to the left. The 70-29 vote limited debate over the qualifications of U.S. District Judge David Hamilton of Indiana, and assured his elevation to the Chicago-based appeals court."
Posted at 05:05 PM by Howard Bashman


"Does death for 9/11 plotters offend federalism?" Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 04:40 PM by Howard Bashman


"Democrats poised to end GOP court filibuster": The Associated Press has this report.
Posted at 04:20 PM by Howard Bashman


"Defendant's Words May Help 9/11 Case": Jess Bravin has this article today in The Wall Street Journal.

And CBS News legal analyst Andrew Cohen today has a "CourtWatch" column entitled "What Could Go Wrong at KSM Trial, and How to Avoid It."
Posted at 12:22 PM by Howard Bashman



Second Circuit rejects argument that a ban on "new" parades along Fifth Avenue in New York City violates the First Amendment: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Proving, once again, that in fact everybody does not love a parade.
Posted at 12:15 PM by Howard Bashman



"Impeachment hearings open today for Judge Thomas Porteous": The Times-Picayune of New Orleans provides this report.

And The Associated Press reports that "House panel opens impeachment hearings vs. judge."
Posted at 11:00 AM by Howard Bashman



"NY lawyer in terror case ordered to prison": The Associated Press has a report that begins, "A federal appeals court has ordered a civil rights lawyer convicted in a terrorism case to begin serving her prison sentence. The 2nd U.S. Circuit Court of Appeals in Manhattan on Tuesday also upheld Lynne Stewart's conviction."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit in United States v. Lynne Stewart, et al., at this link. Each of the three judges on the three-judge panel issued an opinion.
Posted at 10:37 AM by Howard Bashman



"City officials win ruling on airport advertising deal": Bill Rankin has this article today in The Atlanta Journal-Constitution.

And The Associated Press reports that "Atlanta prevails in airport advertising lawsuit."

You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:22 AM by Howard Bashman



"Mich. affirmative action ban to be challenged in U.S. court of appeals": This article appears today in The State News, the student newspaper of Michigan State University.

The Detroit Free Press reports today that "Affirmative action ban to be debated in court."

The Associated Press reports that "Court to consider Mich. affirmative action ban."

And in The Detroit News, columnist Laura Berman has an essay entitled "Proposal 2 challenge continues."
Posted at 10:18 AM by Howard Bashman



"Can KSM Get a Fair Trial?" CBS News legal analyst Andrew Cohen has this essay online at "The Daily Beast."
Posted at 10:12 AM by Howard Bashman


"Judges Calabresi and Easterbrook Face Off on How to Interpret Statutes": Jeff Jeffrey had this post Saturday at "The BLT: The Blog of Legal Times."

And "Josh Blackman's Blog" provides this coverage, featuring YouTube video clips of the debate.
Posted at 10:07 AM by Howard Bashman



"Black Firefighters Move to Intervene in Ricci v. DeStefano": Daniel Schwartz has this post today at his "Connecticut Employment Law Blog."
Posted at 09:57 AM by Howard Bashman


"R.I. judicial selction process needs transparency": Columnist Edward Fitzpatrick has this op-ed today in The Providence Journal.
Posted at 09:54 AM by Howard Bashman


"Goal of New ABA Website: All the Federal Decisions that Are Fit to Print." The ABA Journal's "Law News Now" blog has this post.
Posted at 09:45 AM by Howard Bashman


"DNA evidence useless in Jovin murder case; DNA tainted by lab technician, eliminating crucial lead in decade-old murder case": This article appeared yesterday in The Yale Daily News.
Posted at 09:40 AM by Howard Bashman


"Cases on Life Terms for Juveniles": You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" online and on-demand by clicking here.

Notwithstanding the title of this installment, the bulk of the broadcast (beginning at 23:40) consists of a discussion among Pennsylvania-based judges and news media titled "The Third Branch Meets the Fourth Estate." Additional photographs from that event can be accessed at this link. Coincidentally, I'll be among the participants at a somewhat similar event scheduled to occur tomorrow at the Newseum in Washington, DC.
Posted at 08:17 AM by Howard Bashman



"Supreme Court urged to end bail hearing 'cone of silence'; Media argue ban violates free speech, but governments say measure ensures fair trial": Today's edition of The Toronto Star contains an article that begins, "Sweeping publication bans at bail hearings put 'a cone of silence' around a judicial system that should be open to public scrutiny at the very early stages, lawyers told the country's top court. In one of the first major challenges to a 1976 criminal code provision, the Toronto Star, Associated Press, CBC and other media outlets urged the Supreme Court of Canada on Monday to strike down the law that makes a ban on information at bail hearings mandatory if requested by the Crown or an accused."

The Toronto Sun has an article headlined "Taking the publication ban fight to the top court," which links to this related court filing.

Canwest News Service reports that "News organizations ask top court to allow more bail information."

And The Associated Press reports that "Canada Supreme Court hears media appeal."
Posted at 08:12 AM by Howard Bashman



"GOP weighs filibuster of Obama judicial nominee": This article appears today in The Washington Times.

Today's edition of The Journal Gazette of Fort Wayne, Indiana reports that "Lugar defies colleague, goes to bat for judge."

The Indianapolis Star reports that "Lugar defends Obama's pick of Hoosier for appeals court."

The Los Angeles Times contains an editorial entitled "Time for a ruling on judge: David F. Hamilton, nominated to the 7th Circuit Court, has been held up by partisan politics; But such delays also interfere with the administration of justice."

The New York Times contains an editorial entitled "Obama's Judicial Nominations."

And The Washington Post contains an editorial entitled "Giving hypocrisy a bad name: Republicans slammed filibusters of Bush judicial nominees; Now they see things differently."
Posted at 07:48 AM by Howard Bashman



Monday, November 16, 2009

"Manhattan Transfer: The right's nonsensical arguments against trying Khalid Sheikh Mohammed in New York." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:44 PM by Howard Bashman


"llinois leaders split on taking Guantanamo detainees at state prison; Idea of transferring Guantanamo detainees to a prison in Illinois has backing of state's top Democrats, but Republican congressmen balk": The Christian Science Monitor has this report.
Posted at 10:42 PM by Howard Bashman


"Supreme Court: Miami school can ban book on Cuba; The Supreme Court Monday declined to hear a challenge to a Miami school board decision that removed a book about Cuba from public schools; The book was seen as presenting too cheery a view of life in Cuba." Warren Richey of The Christian Science Monitor has this report.

The Miami Herald has a news update headlined "Supreme Court turns down Cuban book case."

And The Associated Press reports that "Court won't get involved in book banning case."
Posted at 10:34 PM by Howard Bashman



"Court won't hear Redskins case; Justices decline to review ruling on team nickname": Robert Barnes will have this article Tuesday in The Washington Post.

And Warren Richey of The Christian Science Monitor reports that "Washington Redskins can keep team name; Supreme Court refuses native Americans' suit; Seven native Americans had sued to force the Washington Redskins to change the team name; The Supreme Court on Monday let stand a ruling that their challenge came too late."
Posted at 10:27 PM by Howard Bashman



"30 Years After Murder, Is His Appeal Too Late?" Adam Liptak will have this article Tuesday in The New York Times.
Posted at 10:25 PM by Howard Bashman


"Obama Looks to Move Judges; Confirmation Pace Too Slow": Tuesday's edition of Roll Call will contain an article that begins, "The White House is quietly urging Senate Democrats to come up with a list of potential candidates for the federal bench, hoping to flood the pipeline with circuit and district court nominees and ratchet up the pressure on Republicans to confirm them."

Politico.com reports that "Senate GOP will try to block nominee."

FOXNews com reports that "Senator Plans to Filibuster Obama Judicial Appointee."

At "The Caucus" blog of The New York Times, Charlie Savage has a post titled "G.O.P. Senator Supports a Filibuster for Judicial Nominee."

The "Swampland" blog of Time magazine has a post titled "Sessions to Filibuster Obama's 7th Circuit Nominee."

The Journal Gazette of Fort Wayne, Indiana reports that "Lugar defends Hoosier judicial nominee."

Gannett News Service reports that "Lugar defends Hamilton as judicial pick."

On Tuesday's broadcast of NPR's "Morning Edition," Nina Totenberg will have an audio segment entitled "GOP Opposition Slows Obama's Judicial Nominees."

And McClatchy Newspapers have posted online an op-ed by law professor Carl Tobias entitled "Confirming Judge Hamilton for the Seventh Circuit."
Posted at 09:45 PM by Howard Bashman



"U.S. Supreme Court restores, for the third time, death sentence for California murderer; The justices reverse an appeals court ruling, saying jurors wouldn't have been swayed by Fernando Belmontes' tough childhood; Belmontes beat a woman to death with a dumbbell to steal her stereo": David G. Savage will have this article Tuesday in The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle has a news update headlined "Central Valley killer back in line for death."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Reinhardt Reversed for Third Time in Same Case."
Posted at 09:30 PM by Howard Bashman



"History lesson on 2nd Amendment's reach": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:23 PM 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 today granted review in one case and called for the views of the Solicitor General in one case.

In addition, the Court issued a per curiam opinion in Wong v. Belmontes, No. 08-1263, along with a concurring opinion by Justice John Paul Stevens.

At "SCOTUSblog," Lyle Denniston has a post titled "Court adds one new case."

And in early news coverage, The Associated Press reports that "Court won't hear complaint about Redskins name" and "Court turns down student over religious speech."
Posted at 10:05 AM by Howard Bashman



"Judges could free detainees moved to U.S." At Politico.com, Josh Gerstein has an article that begins, "When it comes to keeping Guantanamo inmates locked up indefinitely in the United States, the problem really isn't the jails, some lawyers say--it's the judges and the law."
Posted at 10:02 AM by Howard Bashman


Sunday, November 15, 2009

"Khalid Sheikh Mohammed 9/11 trial carries risks; Alleged 9/11 mastermind Khalid Sheikh Mohammed and four others will be tried in federal court; It's a risky decision by the Obama administration, opening the way for aggressive defense tactics": Warren Richey of The Christian Science Monitor has this article, along with an article headlined "Who are Khalid Sheikh Mohammed and the other accused terrorists? Khalid Sheikh Mohammed and four others are to stand trial in New York; Here's the evidence federal prosecutors will use against them."
Posted at 10:20 PM by Howard Bashman


"Obama's judicial confirmations are slow going; Senate Republicans have quietly used their minority power to block candidates to the lower federal courts; A showdown is set for Tuesday with Judge David Hamilton's nomination": David G. Savage will have this article Monday in The Los Angeles Times.

And Alexander Bolton of The Hill reports that "Conservatives split over filibuster of Obama court pick."
Posted at 09:57 PM by Howard Bashman



"Supreme Court Dispatch, Eh: How the United States' never-ending legal mess at Gitmo is spilling over into Canada." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 06:44 PM by Howard Bashman


"Texas death row man claims inmates' numbered days are form of torture; Murderer Danielle Simpson who faces execution on Wednesday speaks about his nine-year term spent locked up in solitary": The Guardian (UK) provides this report.
Posted at 05:44 PM by Howard Bashman


"Hispanic appointee breaks ground as state appeals judge; Toledo attorney looks forward to tackling challenges on bench": This article appears today in The Toledo Blade.
Posted at 05:42 PM by Howard Bashman


"No vindication for Gableman": The Capital Times of Madison, Wisconsin posted this editorial online yesterday. The Wisconsin Judicial Conduct Panel's findings of fact, conclusions of law, and recommendation can be accessed here.
Posted at 05:40 PM by Howard Bashman


"From Walking The Beat To Taking A Seat; One Man's Unlikely Journey From Philadelphia Cop To Pa. Supreme Court Justice": Today's edition of The Philadelphia Bulletin contains an article that begins, "Seamus McCaffery's path to his position as a Pennsylvania Supreme Court Justice has been anything but ordinary, spanning careers, continents, and the Pennsylvania legal system."
Posted at 05:33 PM by Howard Bashman


"Dozens of Gitmo detainees finally get day in court": Pete Yost of The Associated Press has this report.
Posted at 05:30 PM by Howard Bashman


"'Twas the night before Christmas, and all through the court ..." Michael Kirkland of UPI has this report.
Posted at 05:28 PM by Howard Bashman


"Taken In Vain: New London's Folly; With Pfizer Leaving, City Has Nothing But Weedy Acres To Show For Grandiose Development Scheme That Uprooted Homeowners And Razed A Neighborhood." Jeff Benedict has this op-ed today in The Hartford Courant.
Posted at 05:27 PM by Howard Bashman


"Firefighters move for promotions; Federal court to settle damages in case that reached Supreme Court": The Yale Daily News has this report.
Posted at 05:25 PM by Howard Bashman


"Mezuzah case will go to court": The Chicago Tribune contains this article today.

My earlier coverage of Friday's en banc Seventh Circuit ruling appears at this link.
Posted at 05:24 PM by Howard Bashman



"A challenging time to be R.I.'s new chief justice": This article appears today in The Providence Journal.
Posted at 05:20 PM by Howard Bashman


"Pentagon bars release of photos allegedly showing detainee abuse": Bill Mears of CNN.com has a report that begins, "The Pentagon is blocking public release of photos apparently depicting abuse of suspected terrorists and foreign troops in U.S. custody, and urging the Supreme Court to dismiss a lower court ruling ordering the photos to be publicly disclosed, according to court documents."

The Associated Press reports that "Gates blocks release of detainee abuse photos."

Politico.com reports that "Gates blocks release of abuse pictures."

And at "SCOTUSblog," Lyle Denniston has a post titled "Gates bars abuse photos' release" that provides access to the Solicitor General's filing.
Posted at 05:02 PM by Howard Bashman



"Canadian Supreme Court Case on Guantanamo Detainee": The Supreme Court of Canada allows TV in its courtroom. As a result, and thanks to C-SPAN, by clicking here you can view this past Friday's oral argument in the case of Omar Khadr.

According to C-SPAN's description of the broadcast, "Omar Khadr, the only Canadian held at Guantanamo Bay, was charged in 2002 with killing an American soldier in Afghanistan when he was 15. Mr. Khadr's lawyers argued before the Canadian Supreme Court that his constitutional rights as a Canadian citizen were violated."

You can access my earlier coverage of the oral argument at this link.
Posted at 10:08 AM by Howard Bashman



"Obama Backers Fear Opportunities to Reshape Judiciary Are Slipping Away": Charlie Savage has this article today in The New York Times.

And on Friday at the "Sweet Home Potomac" blog of The Birmingham News, Mary Orndorff had a post titled "U.S. Sen. Jeff Sessions may take aim at judicial pick."
Posted at 09:58 AM by Howard Bashman



Saturday, November 14, 2009

"Accused 9/11 Mastermind to Face Civilian Trial in N.Y." Charlie Savage has this article today in The New York Times. Today's newspaper also contains articles headlined "9/11 Trial Poses Unparalleled Legal Obstacles"; "How New York May Tighten Security Vise"; and "Trial Venue Leaves 9/11 Families Angry or Satisfied," along with an editorial entitled "A Return to American Justice." And Sunday's newspaper will contain an article headlined "Portrait of 9/11 'Jackal' Emerges as He Awaits Trial."

Today's edition of The Washington Post contains articles headlined "Alleged Sept. 11 planner will be tried in New York; A shift to civilian court; Four co-conspirators also will be transferred"; "For Holder, much wrestling over decision"; and "A staggering ego, at the center of difficult issues," along with an editorial entitled "Terrorism on trial: There are good reasons to try Khalid Sheik Mohammed in New York" and an op-ed by CBS News legal analyst Andrew Cohen entitled "A terrorism trial's myths."

In The Los Angeles Times, Josh Meyer and David G. Savage have an article headlined "Strong reaction to announcement of 9/11 trial in New York court; Atty. Gen. Eric H. Holder Jr.'s decision raises legal, political and ethical questions -- and criticism from some key Republicans." Today's newspaper also contains an article headlined "Illinois prison eyed for Guantanamo detainees; The nearly empty rural facility is being considered, an Obama administration official says; But obstacles remain, including a law that bars the detainees from the U.S. unless they're on trial" and an editorial entitled "Plan for Mohammed's trial upholds U.S. values; The decision to try Khalid Shaikh Mohammed and four other accused 9/11 conspirators in the civilian judicial system shows a commitment to the rule of law." In addition, Sunday's newspaper will contain an article headlined "Remaining detainees leave Guantanamo's closure up in air; Trying five 9/11 suspects in the U.S. leaves the fate of more than 200 others unclear. Some may have to be held long-term -- but where?"

The Wall Street Journal contains articles headlined "Alleged 9/11 Plotters Face Trial; Civilian Court in Lower Manhattan Will Hear Terror Cases in Big Test of Justice System"; "New York, Court Brace for Logistical Hurdles"; and "Mukasey Fears Attacks on New York During Trial of 9/11 Defendants," along with an editorial entitled "KSM Hits Manhattan--Again: Eric Holder's decision to move a trial on war crimes to American soil is morally confused, dangerous and political to a fault."

Carol Rosenberg of The Miami Herald reports that "NYC trial won't close Guantanamo war court; The Obama administration will pursue military trials for some and civilian trials for others accused in the 9/11 attacks."

And McClatchy Newspapers report that "New York trials for 9/11 suspects raise new safety concerns" and "Republican lawmakers decry Obama decision on terror trials."
Posted at 10:55 PM by Howard Bashman



"President's Top Lawyer Is Leaving White House": This article appears today in The New York Times, along with an article headlined "Obama Chooses an Inner-Circle Man."

The Washington Post reports today that "Obama taps new counsel; Republicans criticize pick; Bauer also president's personal attorney."

The Wall Street Journal reports that "Craig to Leave White House Counsel Job."

And McClatchy Newspapers report that "In White House shakeup, counsel Greg Craig resigns."
Posted at 08:17 PM by Howard Bashman



"Court Silences CIA Operative Despite Yellowcake Scandal": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 08:14 PM by Howard Bashman


"Federal judge criticized for handling of claimants' assets; Manuel L. Real was entrusted with $33.8 million meant for victims of the late Philippines dictator Ferdinand Marcos; A federal appeals court calls his accounting 'curious'": Carol J. Williams has this article today in The Los Angeles Times.

And The Associated Press reports that "Judge rebuked by panel over Ferdinand Marcos money."

My earlier coverage of yesterday's Ninth Circuit order appears at this link.
Posted at 08:03 PM by Howard Bashman



"Federal judge sues impeachment panel": The Associated Press has a report that begins, "A Louisiana federal judge sued a House impeachment task force Friday, contending the panel is making the case for his ouster by using testimony he gave under a promise of immunity."

This development follows the news that Bruce Alpert reported yesterday in The Times-Picayune of New Orleans, in an article headlined "Porteous impeachment request to be subject of hearings," that "A House Judiciary Committee task force has scheduled its first hearings next week on a request from federal court officials that Federal District Judge Thomas Porteous be impeached."

I have posted online U.S. District Judge G. Thomas Porteous, Jr.'s complaint initiating suit against the U.S. Congress, the brief in support of his motion for a temporary restraining order, and the U.S. Congress's brief in opposition to the motion for a temporary restraining order. The lawsuit and these briefs were all filed yesterday in the U.S. District Court for the District of Columbia.
Posted at 09:06 AM by Howard Bashman



Friday, November 13, 2009

"New Justice Sotomayor Emerges as Frequent -- and Tough -- Questioner": Tony Mauro of The National Law Journal has this report.
Posted at 11:42 PM by Howard Bashman


"Appeals court criticizes Judge Real over accounting of $33.8-million trust": Carol J. Williams of The Los Angeles Times has a news update that begins, "A federal appeals court today criticized U.S. District Judge Manuel L. Real for his handling of $33.8 million entrusted to him for victims of late Philippines dictator Ferdinand Marcos, calling his accounting 'curious' and 'filled with cryptic notations' that failed to show what happened to the money."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit, which appears to have been written by Chief Judge Alex Kozinski, at this link.
Posted at 11:32 PM by Howard Bashman



"Ex-judge who bought home with stripper gets probation in bank fraud": The Naples Daily News has an update that begins, "A former appellate judge who ruled on Collier and Lee county cases for more a decade was sentenced Friday to probation for bank fraud involving a Hawaiian home he fraudulently purchased with a New York stripper."

The St. Petersburg Times has a news update headlined "No jail time for former appeals Judge Thomas E. Stringer Sr. in bank fraud."

The Tampa Tribune has a news update headlined "No prison time for ex-judge Stringer."

And The Associated Press reports that "Judge linked to stripper gets 1 year probation."
Posted at 11:25 PM by Howard Bashman



"Schwarzenegger promises to comply with court order to reduce inmate population in two years": Howard Mintz has this article today in The San Jose Mercury News.

Today in The San Francisco Chronicle, Bob Egelko reports that "State submits plan to reduce prison population."

Denny Walsh of The Sacramento Bee reports that "State offers new prison plan."

And The Los Angeles Times reports that "Governor submits plan to cut prison population; But he also disavows the proposed solutions as being illegal."
Posted at 11:07 PM by Howard Bashman



"Judicial panel recommends dismissal of Gableman complaint": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "A three-judge panel said Thursday the state Supreme Court should dismiss a complaint against Justice Michael Gableman that alleges he lied in a campaign ad last year." The newspaper also contains an editorial entitled "A lie is a lie is a lie: And, according to a three-judge panel, it doesn't matter in state Supreme Court races; The high court should not follow this recommendation to dismiss."

Today's edition of The Badger Herald, the student newspaper of the University of Wisconsin-Madison, contains an article headlined "Panel: Gableman ad spots misleading, but not illegal; Panel of judges says Wis. Supreme Court should drop charge."

And The Wisconsin State Journal reports that "Panel recommends dismissal of Gableman ethics complaint."
Posted at 11:00 PM by Howard Bashman



"After Supreme Court clerkship, Klingele back teaching at UW Law School": UW-Madison News provides this report.
Posted at 10:50 PM by Howard Bashman


"Retired R.I. chief justice Williams describes role in family of his former driver": This article appears today in The Providence Journal.

And Saturday's edition of that newspaper will contain an article headlined "Husband takes exception to on-air comments by Williams."
Posted at 10:48 PM by Howard Bashman



"Ohio will switch to single-drug lethal injection system for executions": The Columbus Dispatch has this news update.

And The Associated Press reports that "Ohio to switch to 1 drug for lethal injection."
Posted at 02:00 PM by Howard Bashman



In posts of interest at "The BLT: The Blog of Legal Times." Jeff Jeffrey has a post titled "Alito Praises Fidelity to the Law, But Cameras? Maybe Not." (An updated post at "The BLT" states that human error was to blame for the camera ban.)

And Marcia Coyle has a post titled "Caperton Coda." My coverage from earlier today appears here.
Posted at 01:55 PM by Howard Bashman



"Could Supreme Court TV Make America Smarter?" CBS News legal analyst Andrew Cohen has this post today at the "Politics & Power" blog of Vanity Fair.
Posted at 01:50 PM by Howard Bashman


"Court revives Chicago 'mezuzah' case; Ruling vindicates Obama favorite Judge Diane Wood": Abdon M. Pallasch of The Chicago Sun-Times has this news update.

My earlier coverage of today's en banc Seventh Circuit ruling appears at this link.
Posted at 01:47 PM by Howard Bashman



"Courts can't order Khadr's return, lawyer argues; After seven years of publicity and litigation, the Khadr case reaches the Supreme Court by way of a Federal Court of Canada order compelling Ottawa to seek his return": Kirk Makin of The Toronto Globe and Mail has this news update.

And The Associated Press reports that "Canada Supreme Court hears Gitmo case."
Posted at 12:24 PM by Howard Bashman



In today's mail: The Autumn 2009 issue of The Green Bag, featuring, among other things, "There's a Pennoyer in My Foyer: Civil Procedure According to Dr. Seuss," by law professor Elizabeth Chamblee Burch.
Posted at 12:20 PM by Howard Bashman


"Bush Concerned Successor Might Revoke Telco Spy Immunity": David Kravets has this post at Wired.com's "Threat Level" blog, along with a related post titled "Help Threat Level Examine Federal Spy Documents."
Posted at 11:57 AM by Howard Bashman


"At the center of this case is a little rectangular box, about six inches tall, one inch wide, and one inch deep, which houses a small scroll of parchment inscribed with passages from the Torah, the holiest of texts in Judaism." So explains today's en banc ruling of the U.S. Court of Appeals for the Seventh Circuit in a case addressing whether a Chicago condominium's rule, which prohibited the affixing of a mezuzah to the outside doorframes of condominium units, violated the Fair Housing Act.

In July 2008, the majority on a divided three-judge Seventh Circuit panel held that there was no Fair Housing Act violation. After the Seventh Circuit granted rehearing en banc, the U.S. Department of Justice filed an amicus brief in support of the plaintiffs' appeal.

Today, a unanimous en banc Seventh Circuit largely agrees with the plaintiffs and the federal government as amicus curiae, holding that three of the plaintiffs' four federal claims, and the plaintiffs' state law claims, survive summary judgment. My earlier coverage of the original three-judge panel's ruling can be accessed here.
Posted at 11:44 AM by Howard Bashman



"Justices say Maynard's e-mails shouldn't have been public": The West Virginia Record has a report that begins, "Private communications of government employees don't belong to the public, the West Virginia Supreme Court of Appeals decided on Nov. 12. Four Justices agreed that state law doesn't require disclosure of electronic mail between former Justice Spike Maynard and Massey Energy CEO Don Blankenship."

And The Associated Press reports that "W.Va. Supreme Court opts for e-mail privacy."

You can access yesterday's ruling of the Supreme Court of Appeals of West Virginia at this link.
Posted at 11:17 AM by Howard Bashman



"'Atomic Dog' singer wins claim to phrase": Last Saturday's edition of The Tennessean contained an article that begins, "The phrase 'bow wow wow, yippie yo, yippie yea' belongs exclusively to funk legend George Clinton, a panel of federal judges ruled this week."

My earlier coverage of last week's Sixth Circuit ruling appears at this link.
Posted at 09:24 AM by Howard Bashman



"Key 9/11 Suspect to Be Tried in New York": Charlie Savage of The New York Times has a news update that begins, "Khalid Shaikh Mohammed, the self-described mastermind of the Sept. 11 attacks, and four other men accused in the plot will be prosecuted in federal court in New York City, a federal law enforcement official said early on Friday."

The Washington Post has a news update headlined "Official: Accused 9/11 mastermind, others to be tried in N.Y."

And The Wall Street Journal has a news update headlined "Khalid Sheikh Mohammed to Be Sent to New York for Trial."
Posted at 09:15 AM by Howard Bashman



"Court overturns ruling against Massey": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The West Virginia Supreme Court yesterday overturned a $50 million judgment against Massey Energy for a third time. The 4-1 decision came after the U.S. Supreme Court had ordered the court to rehear the case without the judge who allegedly benefitted from campaign contributions made by Massey CEO Don Blankenship."

The Charleston (W. Va.) Gazette reports today that "W.Va. high court overturns Harman verdict."

The Associated Press reports that "For 3rd time, W.Va. Supreme Court favors Massey."

Reuters reports that "Massey wins favorable ruling from W. Virginia court."

Bloomberg News reports that "Massey Energy Gets $50 Million Jury Verdict Overturned Again."

And The West Virginia Record reports that "Massey victorious as controversial $50M case comes to end in W.Va."

You can access yesterday's ruling of the Supreme Court of Appeals of West Virginia at this link.
Posted at 07:54 AM by Howard Bashman



"Pfizer to Leave City That Won Major Land-Use Case": This article appears today in The New York Times.

My most recent earlier coverage can be accessed here.
Posted at 07:48 AM by Howard Bashman



"AP Source: Gitmo 9/11 suspects to NY for trial." The Associated Press has this report.
Posted at 07:45 AM by Howard Bashman


"White House counsel poised to give up post; Tenure marked by struggles over closing Guantanamo": The Washington Post today contains an article that begins, "White House Counsel Gregory B. Craig is expected to announce his departure as early as Friday, people familiar with the situation said, ending an embattled tenure in which he struggled to lead the closure of the U.S. military detention center at Guantanamo Bay, Cuba."

And The Associated Press has a report headlined "Official: Craig to step down as White House lawyer."
Posted at 07:44 AM by Howard Bashman



Thursday, November 12, 2009

"Philip Berg, a lawyer acting pro se, filed this action challenging Barack Obama's eligibility to run for and serve as President of the United States." So begins a ruling that the U.S. Court of Appeals for the Third Circuit issued today.

And today's opinion concludes, "Because there is no case or controversy, we will affirm the District Court's order dismissing Berg's action."
Posted at 01:45 PM by Howard Bashman



"U.S. ex-spy Plame and publisher lose memoir appeal": Reuters has this report.

The Associated Press has a report headlined "Court: CIA Didn't Violate Plame's Rights; N.Y. Court Upholds 2007 Decision that Barred Former CIA Operative from Revealing Length of her Tenure with Agency."

Chad Bray of Dow Jones Newswires has a report headlined "Appeals Court: CIA Didn't Violate Ex-Agent's Free Speech Rights."

The New York Law Journal reports that "Circuit Upholds Ban on Disclosure of Details About Former Spy's Service."

And at "The Am Law Daily" blog, Zach Lowe has a post titled "Weil Can't Help Plame Un-Redact Book."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 01:42 PM by Howard Bashman



On losing your sex appeal: BBC News has a report headlined "Noisy sex woman loses appeal bid," along with an earlier report headlined "Court hears couple's sex sessions."

In today's edition of The Daily Mail (UK), columnist Craig Brown has an essay entitled "Silence in court! This case is a real scream..."

Yesterday's edition of The Daily Mirror (UK) contained an article headlined "Noisy sex 'scary as murder.'"

And earlier this week, The Telegraph (UK) reported that "Woman claims order banning her from noisy sex is breach of human rights."
Posted at 12:03 PM by Howard Bashman



"Nominations Talk Opens Federalist Convention": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The top Republican on the Senate Judiciary committee launched the Federalist Society's annual convention this morning with a call to oppose President Barack Obama's most liberal nominees for the federal bench."
Posted at 11:54 AM by Howard Bashman


Second Circuit holds that the CIA did not violate the First Amendment when it refused to allow Valerie Plame Wilson to publish information regarding her possible pre-2002 service with the Agency, notwithstanding the prior public disclosure of that information: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:35 AM by Howard Bashman


Oh, bother: The Associated Press reports that "Winnie the Pooh royalties dispute appealed."
Posted at 10:15 AM by Howard Bashman


"Monroe honking case makes it to state Supreme Court; The argument over a woman's use of her horn in Monroe goes to the state Supreme Court": Yesterday's edition of The Daily Herald of Everett, Washington contained an article that begins, "A former Monroe woman once jailed over honking her horn during a neighborhood squabble over chickens is taking her fight against Snohomish County's noise rules to the state Supreme Court."
Posted at 07:44 AM by Howard Bashman


"Ricci's Back In Court": The New Haven Independent has an article that begins, "Four months after the U.S. Supreme Court ruled in favor of 20 New Haven firefighters, the controversial case has landed back in a local courthouse, where a jury trial looms."
Posted at 07:42 AM by Howard Bashman


"John O'Connor dies at age 79; Justice's spouse was expert lawyer": This obituary appears today in The Arizona Republic.

Today's edition of The New York Times contains an obituary headlined "John J. O'Connor III, Husband of Former Justice, Is Dead at 79."

The Washington Post contains an obituary headlined "John J. O'Connor III: Ariz. lawyer, husband of pioneering jurist."

And The Los Angeles Times contains an obituary headlined "John J. O'Connor III dies at 79; attorney and husband of former Supreme Court Justice Sandra Day O'Connor; In a groundbreaking role reversal, he gave up his partnership at a venerable Phoenix law firm to accompany her to Washington when she became the court's first female member in 1981."
Posted at 07:38 AM by Howard Bashman



"Law Students See Their Work in Action at Supreme Court": law.com has this report.
Posted at 07:30 AM by Howard Bashman


"Panel debates media, U.S. Supreme Court": This article appears today in The Daily Princetonian.
Posted at 07:25 AM by Howard Bashman


"New Lawsuits Try to Pierce Shield of Judicial Immunity": Ashby Jones has this article today in The Wall Street Journal. You can access the full text of the article via Google News.
Posted at 07:20 AM by Howard Bashman


"Her Honor: A Portrait of Justice Sonia Sotomayor." Latina magazine has posted online this lengthy excerpt of the cover story from its December/January issue.
Posted at 07:18 AM by Howard Bashman


Wednesday, November 11, 2009

"Showdown on Judicial Nominee Set for Next Week": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Senate Majority Leader Harry Reid (D-Nev.) is following through on a plan to cut off debate on President Barack Obama's most contentious circuit court nominee so far."

And today's edition of Investor's Business Daily contains a related editorial entitled "Another Radical Judge."
Posted at 10:22 PM by Howard Bashman



"Lawyer Learns that Roberts Speaks Only for Himself": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:15 PM by Howard Bashman


"'I Believe' tag fails test in court; Judge says S.C. religious plate based on discriminatory law": Today's edition of The Post and Courier of Charleston, South Carolina contains an article that begins, "A federal district court ruled Tuesday that the 'I Believe' license plate approved by the S.C. Legislature violates the constitutional separation of church and state and cannot be issued." The newspaper has posted online this photograph of the rejected license plate.

The State of Columbia, South Carolina reports today that "Judge strikes down plate; Words on Christian cross ruled unconstitutional by federal jurist who says it promotes one religion over another."

The Greenville News reports that "Legislation creating 'I Believe' license plans unconstitutional, judge rules."

And The Associated Press reports that "Federal judge nixes SC license tag with cross."

You can access yesterday's ruling of the U.S. District Court for the District of South Carolina at this link.
Posted at 02:11 PM by Howard Bashman



"Class Actions Look for a Home": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "In a major class action case, the U.S. Supreme Court looks likely to reverse a 9th U.S. Circuit Court of Appeals ruling that makes it easier to sue big companies in plaintiff-friendly California state courts."

And Dow Jones Newswires report that "US Supreme Court Appears Set To Change Corporate Location Test."
Posted at 01:58 PM by Howard Bashman



"Justice O'Connor's Husband Dead at 79": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And The Associated Press reports that "Husband of retired Justice O'Connor dies."
Posted at 11:55 AM by Howard Bashman



How much is a volume of the Georgetown Law Journal worth to you? To Texas prison inmate, it was worth strike three under the Prison Litigation Reform Act. A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling yesterday.
Posted at 11:27 AM by Howard Bashman


"While the issue is difficult and close, we believe that the rule against juror impeachment cannot be applied so inflexibly as to bar juror testimony in those rare and grave cases where claims of racial or ethnic bias during jury deliberations implicate a defendant's right to due process and an impartial jury." An email from a juror to the attorney for a criminal defendant in a case tried in the U.S. District Court for the District of New Hampshire resulted in this rather interesting ruling yesterday from the U.S. Court of Appeals for the First Circuit.
Posted at 11:14 AM by Howard Bashman


"Court ruling issued on Eagle Mountain landfill": The "Daily News Digest" blog of The Press-Enterprise of Riverside, California has a post that begins, "A three-judge panel of the 9th Circuit Court of Appeals issued a ruling [yesterday] on the proposed Eagle Mountain landfill near Joshua Tree National Park."

At the recently restarted blog "How Green Is My Country," Sarah Rispin has a post titled "Ninth Circuit Affirms Reversal of BLM Decision Allowing Landfill Next to Joshua Tree."

At the "Native Intelligence" blog of LAObserved, Deanne Stillman has this post about the ruling.

And Kaiser Ventures has issued a news release titled "U.S. Court of Appeals for the Ninth Circuit Announces Its Decision on the Eagle Mountain Land Exchange."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Senior Circuit Judge Stephen S. Trott's dissenting opinion begins:

What sane person would want to attempt to acquire property for a landfill? Our well-meaning environmental laws have unintentionally made such an endeavor a fool's errand. This case is yet another example of how daunting -- if not impossible -- such an adventure can be. Ulysses thought he encountered fearsome obstacles as he headed home to Ithaca on the Argo, but nothing that compares to the "due process" of unchecked environmental law. Not the Cyclops, not the Sirens, and not even Scylla and Charybdis can measure up to the obstacles Kaiser has faced in this endeavor.
The dissenting opinion begins on page 33 of yesterday's ruling.
Posted at 10:57 AM by Howard Bashman


"From Justice Kennedy, a Lesson in Journalism": Adam Liptak has this interesting front page article today in The New York Times.
Posted at 10:00 AM by Howard Bashman


"Pfizer and Kelo's Ghost Town: Pfizer bugs out, long after the land grab." This editorial appears today in The Wall Street Journal.

Related news coverage can be accessed here from The Hartford Courant and here, here, here, here, and here from The Day of New London, Connecticut.
Posted at 08:35 AM by Howard Bashman



"Justices Sympathetic to Applying Headquarters Standard to Corporate Jurisdiction": Tony Mauro of The National Law Journal has this report.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Hertz Corp. v. Friend, No. 08-1107.
Posted at 08:27 AM by Howard Bashman



"Yoo's lawyers warn of flood of political suits": Bob Egelko has this article today in The San Francisco Chronicle.

And The Associated Press reports that "Former Bush aide seeks to toss torture memos suit."

As noted in this post from yesterday morning, I have posted the appellate brief at this link.
Posted at 08:24 AM by Howard Bashman



Tuesday, November 10, 2009

"Muhammad executed for sniper killing; 10 died in Oct. 2002 rampage; what motivated two shooters remains unclear": Wednesday's edition of The Washington Post will contain this article, along with an essay by Paul Duggan entitled "Sniper's imprint, faded, remains perceptible."

Wednesday's edition of The New York Times will contain an article headlined "Sniper Who Killed 10 Is Executed in Virginia."

And The Baltimore Sun has a news update headlined "D.C.-area sniper Muhammad executed; Makes no last statement; Va. governor denies convicted sniper's clemency request."
Posted at 10:03 PM by Howard Bashman



"Divorce may mean retiring is delayed; Court says alimony might force some to work more years": This article appears today in The Boston Globe.

The New York Times reports today that "Retirees Still Liable for Alimony, Massachusetts Court Rules."

And The Associated Press reports that "Mass. high court says alimony can continue after retirement."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 08:37 PM by Howard Bashman



"DC sniper execution: why his case moved so quickly; For John Allen Muhammad, the convicted DC sniper, execution is scheduled for Tuesday night. He was tried in Virginia, which is known for hearing appeals rapidly." The Christian Science Monitor has this report.

And today's edition of The Washington Post contains a front page article headlined "Detecting glimpses of humanity in D.C. sniper." The newspaper also contains an article headlined "Vengeance is not thine: Witnessing an execution doesn't always bring closure for the victims' survivors."
Posted at 07:44 PM by Howard Bashman



"Eight Missouri death-row inmates lose legal appeal": The Kansas City Star has a news update that begins, "A group of Missouri death row inmates on Tuesday lost an appeal that had temporarily halted executions in the state."

The St. Louis Post-Dispatch has a news update headlined "Appeals court rejects MO death row inmates' appeal."

And The Associated Press provides this coverage.

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 06:04 PM by Howard Bashman



"Sotomayor poses in court for Latina magazine cover": The Associated Press has this report.
Posted at 05:50 PM by Howard Bashman


"Appeals court agrees Vick can keep $16M in bonuses": The Associated Press has a report that begins, "A federal appeals court is backing the judge who ruled against the NFL and let quarterback Michael Vick keep more than $16 million in roster bonuses from the Atlanta Falcons."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:57 PM by Howard Bashman



"From 19th-Century View, Desegregation Is a Test": In The New York Times, today's installment of Adam Liptak's "Sidebar" column begins, "If there is a topic Justice Antonin Scalia does not relish discussing, it is how he would have voted in Brown v. Board of Education had he been on the Supreme Court when it was decided in 1954."
Posted at 01:14 PM by Howard Bashman


Law professor John Yoo files Brief for Appellant in Ninth Circuit appeal challenging federal district court's decision that he may be sued by Jose Padilla, who says he was tortured while being held for nearly four years as a suspected terrorist: I have posted online at this link the Brief for Appellant filed yesterday in the U.S. Court of Appeals for the Ninth Circuit in the case captioned Jose Padilla v. John Yoo. Miguel A. Estrada is lead counsel for Yoo on appeal.

My earlier coverage of the federal district court's decision that is the subject of the appeal can be accessed here.
Posted at 08:17 AM by Howard Bashman



Monday, November 9, 2009

"Home Court Showdown at the Supreme Court; Battle over wage-and-hour action against Hertz is all about location, location, location": Marcia Coyle of The National Law Journal has this report.
Posted at 11:35 PM by Howard Bashman


"Business Method Patents Questioned by U.S. Justices": Greg Stohr of Bloomberg News has this report.

The Associated Press reports that "High court considers what can qualify for a patent."

Reuters reports that "Supreme Court skeptical of patents for hedging."

And law.com's Tony Mauro reports that "High Court Justices Greet 'Bilski' Arguments With Doubt, Disdain."
Posted at 11:34 PM by Howard Bashman



"Justices Consider the Role of Age in Life Sentences": Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Life Terms for Youth Offenders Reviewed."

Warren Richey of The Christian Science Monitor has an article headlined "At Supreme Court, no accord over life sentences for juveniles; After two hours of arguments Monday, Supreme Court justices seem split on whether states can mete out life sentences to juveniles who aren't killers."

The Florida Times-Union has a news update headlined "U.S. Supreme Court considers two North Florida juvenile crime cases; Two teenagers were sentenced to life without parole for non-homicides crimes."

The Washington Times has a news update headlined "Supreme Court looks at life sentences for juveniles."

Bill Mears of CNN.com reports that "Justices debate life sentences for juveniles."

James Vicini of Reuters reports that "Supreme Court considers life in prison for juveniles."

Greg Stohr of Bloomberg News reports that "Life Sentences on Youths Divide U.S. Supreme Court."

And Marcia Coyle of The National Law Journal reports that "Supreme Court Grapples With Constitutionality of Juvenile Sentences."
Posted at 11:14 PM by Howard Bashman



"My So-Called Life Without Parole: The Supreme Court looks at life sentences for teen offenders." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:34 PM by Howard Bashman


"Supreme Court rules in local murder": The Cincinnati Enquirer has a news update that begins, "Sharonville killer Robert Van Hook's death sentence was reinstated Monday in the 1985 strangling and robbery of a Hyde Park man. The U.S. Supreme Court's unanimous decision overturns a 2008 decision by a Cincinnati federal appeals court that set aside the death sentence, saying Van Hook had ineffective assistance from his lawyers."

The Columbus Dispatch has a news update headlined "Supreme Court says Ohio killer should die."

And The Associated Press reports that "Supreme Court reinstates death penalty of Ohioan."

You can access today's per curiam ruling of the U.S. Supreme Court at this link.
Posted at 08:24 PM by Howard Bashman



"Supreme court denies request to stay D.C. sniper's execution": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court refuses to halt Beltway sniper's execution; John Allen Muhammad was convicted of masterminding the shooting rampage that killed 10 people in the Washington area in 2002; He is to be put to death Tuesday."

Tom Green of The Richmond Times-Dispatch has a news update headlined "U.S. Supreme Court refuses to block sniper's execution."

Warren Richey of The Christian Science Monitor has a news update headlined "John Allen Muhammad, D.C. sniper, loses Supreme Court appeal; The Supreme Court on Monday refused to block John Allen Muhammad's execution, scheduled for Tuesday in a Virginia prison."

Bill Mears of CNN.com reports that "Supreme Court won't halt D.C. sniper's execution."

The New York Times has a news update headlined "Supreme Court Declines to Block Execution of Washington Sniper."

The Washington Times has a news update headlined "Court refuses to halt sniper's execution."

Tuesday's edition of The York (Pa.) Daily Record will contain an article headlined "Spring Garden woman remembers Beltway Sniper terror; Today's planned execution of Beltway Sniper John Allen Muhammad brings back memories of a time of terror."

The Telegraph (UK) reports that "Washington sniper to be executed without revealing how many victims he shot; John Allen Muhammad, the mastermind behind the murderous Washington sniper spree of 2002, is due to be executed in Virginia on Tuesday without revealing exactly how many victims he claimed."

The Times of London reports that "Beltway sniper John Allen Muhammad to be executed by lethal injection."

The Associated Press has reports headlined "US Supreme Court refuses to stop sniper execution" and "DC area relives terror as sniper's execution nears."

And Greg Stohr of Bloomberg News reports that "Convicted Sniper Muhammad Rejected by U.S. High Court."
Posted at 08:17 PM by Howard Bashman



"Senate tips Richmond appeals court to Democrats": The Associated Press has this report.
Posted at 06:28 PM by Howard Bashman


"High court seems to be taking a familiar split over life in prison for juveniles": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "U.S. Supreme Court considers limiting life prison terms for youths; The justices, in reviewing two Florida cases, seem inclined to prohibit life sentences without parole for young criminals who are not convicted of murder."

The Miami Herald has a news update headlined "Attorneys for Florida juvenile 'lifers' present case to Supreme Court."

Mark Sherman of The Associated Press reports that "High court looks at life sentences for juveniles."

And at "SCOTUSblog," Lyle Denniston has a post titled "The Chief leads on juvenile sentences?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Graham v. Florida, No. 08-7412.

Update: And you can access today's oral argument transcript in Sullivan v. Florida, No. 08-7621, at this link.
Posted at 04:42 PM by Howard Bashman



"Justices Question Patent for Abstract Business Innovations": John Schwartz of The New York Times has this news update.

Brent Kendall of Dow Jones Newswires reports that "Justices Skeptical in Patent Case on Business Methods."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Bilski Case Provokes Patent Skepticism from Justices."

At "SCOTUSblog," Lyle Denniston has a post titled "The 'Lorenzo Jones' case emerges."

And earlier, in today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Justices to Study Patents on Business Methods."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Bilski v. Kappos, 08-964, at this link.
Posted at 04:32 PM by Howard Bashman



"Court won't hear case with conflict question": The Associated Press has a report that begins, "The Supreme Court will not review an $18 million verdict won by a lawyer who served as a co-chairman of the trial judge's re-election committee."
Posted at 04:27 PM by Howard Bashman


Programming note: This afternoon, I'll be delivering an appellate oral argument to a three-judge panel of the Commonwealth Court of Pennsylvania in an appeal that I previously mentioned in this post.

"SCOTUSblog" will provide timely coverage of today's U.S. Supreme Court Order List, which should be available at this link shortly after 10 a.m. eastern time today. And you will be able to access the transcripts of today's U.S. Supreme Court oral arguments via this link just as soon as the Court posts them online.

Additional posts will appear here later today.
Posted at 09:02 AM by Howard Bashman



"Juvenile life sentences go to high court": Joan Biskupic has this article today in USA Today.

Robert Barnes of The Washington Post has a news update headlined "High court to look at life in prison for juveniles." Today's edition of that newspaper also contains an editorial entitled "Locked away forever: The Supreme Court case of a boy sentenced to a mandatory life sentence."

Yesterday's edition of The Miami Herald contained an article headlined "U.S. Supreme Court to review Florida juvenile 'lifers'; Lawyers for two Florida men who were sentenced to life without parole as juveniles will argue to the U.S. Supreme Court Monday that the penalty is cruel and unusual."

The Pittsburgh Post-Gazette contains an article headlined "Supreme Court decision could affect imprisoned teens."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "High Court Weighs Life Terms For Minors" featuring Nina Totenberg.

The New York Times contains an editorial entitled "Imprisoning a Child for Life."

And today in The Boston Globe, Paul Farmer has an op-ed entitled "A 2d chance at freedom for juvenile offenders."
Posted at 08:57 AM by Howard Bashman



"No refuge when innocent are framed": The Des Moines Register today contains an editorial that begins, "Some U.S. Supreme Court members reacted with confusion bordering on dismay at arguments for dismissing a suit against former Pottawattamie County prosecutors accused of conspiring to put two men in prison for 25 years for a murder they did not commit."
Posted at 08:47 AM by Howard Bashman


"Long wait may soon end for appeals court nominee from Md.; Federal judge in Baltimore could get confirmed today": Today's edition of The Baltimore Sun contains an article that begins, " It has been nine years since federal District Judge Andre M. Davis of Baltimore was first nominated to fill the so-called Maryland seat on the U.S. Court of Appeals in Richmond, Va."
Posted at 08:45 AM by Howard Bashman


"Microsoft Battles Novartis in High Court Patent Limits Dispute": Greg Stohr of Bloomberg News has a report that begins, " The U.S. Supreme Court today considers a patent dispute that will determine how much legal protection is afforded abstract business innovations and has drawn in companies including Microsoft Corp., Google Inc. and Novartis Corp."
Posted at 08:40 AM by Howard Bashman


Sunday, November 8, 2009

"Tragic cases could change juvenile sentencing laws": Bill Mears of CNN.com has this report.
Posted at 08:50 PM by Howard Bashman


"Supreme Court £350 fee for papers attacked": Monday's edition of Financial Times will contain an article that begins, "The new Supreme Court will charge members of the public a minimum of £350 a time to access documents -- a fee critics say makes a mockery of official promises of open justice in the country's most important cases."
Posted at 08:45 PM by Howard Bashman


"Execution of Beltway sniper John Allen Muhammad is on schedule; In 2002, then-Atty. Gen. John Ashcroft 'made the right call' to try Muhammad and his accomplice in Virginia instead of Maryland; On Tuesday, he is set to die by lethal injection": David G. Savage of The Los Angeles Times has this news update.
Posted at 08:44 PM by Howard Bashman


"Supreme Court to decide: What kind of innovations get a patent? The Supreme Court on Monday takes up this fundamental question in patent law; The answer holds billion-dollar implications for the US economy." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:40 PM by Howard Bashman


"Supreme Court case: juvenile offenders serving life in prison; The Supreme Court on Monday takes up two cases that explore the question: Should juveniles convicted of nonlethal crimes be sentenced to life in prison without parole?" Warren Richey of The Christian Science Monitor has this report.

Today's edition of The Lakeland Ledger contains an article headlined "High Court To Review Sentences of Fla. Youth."

Yesterday's edition of The Nashua (N.H.) Telegraph contained an article headlined "High court may redefine case."

Michael Kirkland of UPI has a report headlined "U.S. Supreme Court: Life without parole for a 13-year-old."

CBS News legal analyst Andrew Cohen has a CourtWatch essay headlined "Young Lives, Long Sentences."

And today in The News Journal of Wilmington, Delaware, law professor Alan E. Garfield has an op-ed entitled "Do kids belong in prison? The answer will say a lot about what type of society we are."
Posted at 02:24 PM by Howard Bashman



"Kentucky's troubled death-penalty system lets cases languish for decades": This article appeared yesterday in The Louisville Courier-Journal, along with an article headlined "Killer's appeals drag on 29 years."
Posted at 10:12 AM by Howard Bashman


"Quick, Patent It!" Today's edition of The New York Times contains an editorial that begins, "The Supreme Court hears arguments Monday in a case about what kind of inventions deserve patents."

And today in the News & Observer of Raleigh, North Carolina, Rob Tiller has an op-ed entitled "Patent law must not stifle innovation."
Posted at 10:02 AM by Howard Bashman



"Wild card on the court": Today in The Pittsburgh Tribune-Review, Brad Bumsted has an essay that begins, "To say the least, the state's new Supreme Court Justice-elect, Joan Orie Melvin, who ran as a reformer and turned down the judicial pay raise, will be viewed with considerable skepticism by her colleagues on the high court. Her brethren will treat her with respect and courtesy, of course. But many of the justices will have a constant eye out for this Marshall mother of six. She now is, without question, the court's wild card."
Posted at 10:00 AM by Howard Bashman


"Muhammad execution nears, some victims' families move on": Frank Green has this article today in The Richmond Times-Dispatch.

Today's edition of The Virginian-Pilot contains an article headlined "How the Beltway Sniper came to face death."

And The Associated Press reports that "Killings remain unsolved as sniper execution nears."
Posted at 09:57 AM by Howard Bashman



Saturday, November 7, 2009

Access Lyle Denniston's previews of Monday's U.S. Supreme Court oral arguments: At "SCOTUSblog," he has posts titled "Inquiring into the juvenile mind" and "A patent dispute for the Information Age."
Posted at 10:37 PM by Howard Bashman


"Appeals court rules in favor of city of Santa Cruz in Robert Norse Nazi salute case": This article appears today in The Santa Cruz Sentinel.

You can access Tuesday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:54 PM by Howard Bashman



"Chief Justice Takes to the Mound on Supreme Court Baseball Cards": law.com's Tony Mauro has this report. My earlier coverage appears at this link.
Posted at 03:44 PM by Howard Bashman


"In Robert Wone Case, Defense Lawyers Lodge Attack on Indictment": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 03:42 PM by Howard Bashman


"Who Is a Jew? Court Ruling in Britain Raises Question." This article will appear Sunday in The New York Times.
Posted at 03:40 PM by Howard Bashman


"Pennsylvania should stop electing judges and use merit selection": Lynn A. Marks and Shira J. Goodman have this op-ed in The Patriot-News of Harrisburg, Pennsylvania.
Posted at 03:38 PM by Howard Bashman


"Justices Weigh Life in Prison for Youths Who Never Killed": Adam Liptak will have this article Sunday in The New York Times.
Posted at 01:52 PM by Howard Bashman


"High court to look at life in prison for juveniles": Mark Sherman of The Associated Press has this report.

Today's edition of The Los Angeles Times contains an editorial entitled "Cruel life in prison: Juvenile offenders should not receive a sentence that offers no hope for eventual release."

Monday's edition of The Washington Times will contain an editorial entitled "Full 'time' for heinous crimes: Some juvenile criminals merit no parole."

At AlterNet, Liliana Segura has an article headlined "16-Year Old Got Life Without Parole for Killing Her Abusive Pimp -- Should Teens Be Condemned to Die in Jail?"

In this past Wednesday's edition of The Milwaukee Journal Sentinel, columnist Patrick McIlheran had an op-ed entitled "Endangering the next victim."

Online at FindLaw, Kristin Henning has an essay entitled "The Case Against Juvenile Life Without Parole: Good Policy and Good Law."

And at Psychology Today's "plus2sd" blog, Dr. Gregory Berns has a post titled "My Immature Brain Made Me Do It? Should the 'adolescent brain' be a mitigating factor when sentencing juveniles?"
Posted at 10:58 AM by Howard Bashman



"U.S. top court to hear business method patent case": Reuters has this report.

law.com's Tony Mauro has an article headlined "A Math Geek's Ride to the High Court in Landmark Patent Fight."

The Associated Press reports that "Software cos. eye key patent case in Supreme Court."

And at Forbes.com, you can access an article headlined "Dark Cloud For The Software Industry; Tech companies worry the Supreme Court may go too far in a weather derivatives case and ban patents on anything that doesn't involve a machine."
Posted at 10:40 AM by Howard Bashman



"Ruling gives Crown stronger shield against lawsuits": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Crown attorneys are breathing easy today after a Supreme Court of Canada ruling made it exceedingly difficult to sue them for malicious prosecution. The 7-0 ruling overturned a finding of civil liability against a Saskatchewan prosecutor who had pursued a bizarre case where children claimed to have been sexually abused and forced to participate in mutilation and ritualistic killings of animals, dismemberment of babies and drinking of human blood."

Today's edition of The Saskatoon StarPhoenix contains an article headlined "Prosecutor 'relieved' at decision' 'I got what I want,' Richard Klassen says."

The Canadian Press has a report headlined "Prosecutor not malicious in pressing satanic sex-abuse case: Supreme Court."

Canwest News Service reports that "Ruling in 'satanist' case gives prosecutors more leeway."

And CBC News reports that "Saskatchewan prosecutor wins Supreme Court appeal."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 10:30 AM by Howard Bashman



Friday, November 6, 2009

When browsing to "Mattress.com," please do not leave off the final "s" for "savings": As The Associated Press reported earlier this year, the story of the founder of "Dial-A-Mattress" is a sad one.

And today, the U.S. Court of Appeals for the Federal Circuit delivered a bit more bad news in a trademark-related ruling.

By the way, the title of this post is in fact untrue, as www.mattres.com automatically redirects to www.mattress.com.
Posted at 03:44 PM by Howard Bashman



Used car salesmen plus lawyers equals appellate ruling: The Associated Press reports that "Neb. court says dealers must check used-car safety."

You can access today's ruling of the Supreme Court of Nebraska at this link.
Posted at 03:30 PM by Howard Bashman



"Long wait about over for Baltimore judge": According to this news update from The Baltimore Sun, on Monday the U.S. Senate will hold a confirmation vote on the nomination of U.S. District Judge Andre M. Davis to serve on the U.S. Court of Appeals for the Fourth Circuit. Additional biographical information about Judge Davis can be accessed here.
Posted at 03:18 PM by Howard Bashman


"Teacher Claims Fingerprinting Is 'Mark of the Beast'": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A 22-year veteran kindergarten teacher in the Texas Bible Belt could lose her job for refusing, on religious grounds, to give fingerprints under a state law requiring them."
Posted at 08:33 AM by Howard Bashman


"Kennedy predicts 'Carcieri fix' bill might pass": Today's edition of The Providence (R.I.) Journal contains an article that begins, "Rep. Patrick J. Kennedy said Thursday that a bill to reverse a U.S. Supreme Court decision blocking special land status for the Narragansett Indian tribe could become law during this Congress."
Posted at 08:23 AM by Howard Bashman


"Judge weighs dead woman's right to cash": The Boston Herald today contains an article that begins, "Whether a dead woman is entitled to loss-of-companionship damages 28 years after her daughter was murdered by mob monster James 'Whitey' Bulger is at the heart of a potential landmark decision by the city's federal court."
Posted at 08:22 AM by Howard Bashman


"Va. high court rules on Henrico wrongful-death suit": Today's edition of The Richmond Times-Dispatch contains an article that begins, "Parents have a broad duty to assure the welfare of a juvenile guest, even when harm comes to that guest from a third party outside the home. In a split decision yesterday, the state Supreme Court reinstated and sent back to Henrico County Circuit Court a wrongful-death case in which a 14-year-old guest died in a car crash."

And The Associated Press reports that "Virginia court reinstates wrongful death suit."

You can access yesterday's ruling of the Supreme Court of Virginia at this link.
Posted at 08:17 AM by Howard Bashman



"State gun storage law is argued before SJC": This article appears today in The Boston Globe.
Posted at 08:07 AM by Howard Bashman


"Bill allowing taxpayer money for state Supreme Court races passes": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Supreme Court candidates would get taxpayer money to run their campaigns, under a bill approved Thursday by the Legislature. Democrats said the bill would improve the tone of the increasingly nasty Supreme Court races by limiting the role of special interests, even while some advocates for campaign finance reform said it didn't go far enough."

And The Wisconsin State Journal reports today that "Wis. Senate OKs new election money for justices."
Posted at 08:05 AM by Howard Bashman



"Supreme Court query puts Janet Napolitano on the spot": At Politico.com, Josh Gerstein has an article that begins, "A simple query from the Supreme Court is forcing the Obama administration to wrestle with the limits of states' authority to enforce immigration laws -- and also is throwing an uncomfortable spotlight on Secretary of Homeland Security Janet Napolitano."
Posted at 07:54 AM by Howard Bashman


"Death penalty foes rip Coakley for signing brief": Today's edition of The Boston Globe contains an article that begins, "Attorney General Martha Coakley, who says she is firmly against capital punishment, has drawn the ire of some death penalty opponents by urging the US Supreme Court to limit federal review of state court decisions, which opponents say could make it harder for defendants on death row to challenge their sentences."
Posted at 07:52 AM by Howard Bashman


Available online from law.com: An article reports that "D.C. Court of Appeals Resurrects Cell Phone Radiation Cases; Cases target some of the biggest names in the wireless industry, who in turn have recruited a battery of big-name defense firms." You can access last week's ruling of the District of Columbia Court of Appeals at this link.

An headlined "Expect Calif. Same-Sex Marriage Case to Stay Two-Party Affair" reports on an appeal argued Wednesday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And in other news, "Law School Professor Withdraws Suit Against Legal Blog."
Posted at 07:33 AM by Howard Bashman



"Catholics angered by S.F. supes win new hearing": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court granted a Catholic advocacy group's request Thursday for a new hearing on whether San Francisco expressed official hostility to religion in 2006 when the Board of Supervisors denounced a Vatican order to Catholic Charities not to place children with same-sex couples for adoption."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.

My earlier coverage of the now-vacated three-judge panel's ruling, which issued in June 2009, can be accessed here.
Posted at 07:22 AM by Howard Bashman



Thursday, November 5, 2009

"New Hampshire Suit Challenges Mortgage Blogger's Use of Anonymous Sources": The "E-Media Tidbits" blog at Poynter Online has a post that begins, "The New Hampshire Supreme Court heard oral arguments Wednesday in a lawsuit that calls into question the legal protections available to independent Web sites that cover news."
Posted at 10:22 PM by Howard Bashman


"2 N.C. judges nominated for 4th Circuit; Albert Diaz of Charlotte and Jim Wynn of Cary, both with military ties, could make appeals court less conservative": This article appears today in The Charlotte Observer.
Posted at 10:18 PM by Howard Bashman


"Gun storage law defended in state's highest court": The Boston Globe has a news update that begins, "The Middlesex district attorney's office argued today in the state's highest court that a state law that requires guns to be stored in locked containers or outfitted with trigger locks is valid. But the attorney for a Billerica man charged with keeping a gun in an unlocked carrying case said the law should be negated by a recent decision of the US Supreme Court."

And The Associated Press reports that "Supreme Judicial Court hears challenge to Mass. law that requires guns to be locked in homes."
Posted at 08:40 PM by Howard Bashman



"Posting deputy by defendant is OK, court rules": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A judge did not violate an Oakland man's right to a fair trial on sex and drug charges by placing a sheriff's deputy near him when he testified, the state Supreme Court ruled Thursday."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 08:33 PM by Howard Bashman



"We Can't Execute Them: But should we lock up teens for life?" Dahlia Lithwick will have this essay in the November 16, 2009 issue of Newsweek.
Posted at 08:22 PM by Howard Bashman


"Note to Justices: Specter Saw You on TV." David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 08:20 PM by Howard Bashman


Ninth Circuit considers whether to finally hold a super-duper en banc rehearing: Law professor Orin Kerr has the details in this post at "The Volokh Conspiracy." As the post notes, if Orin's computer crime casebook were a Ninth Circuit judge in regular active service, it would vote "yes."
Posted at 06:18 PM by Howard Bashman


"Supreme Court wades into mutual fund fee disparity": The Associated Press has this report.
Posted at 05:30 PM by Howard Bashman


By a vote of 7-4, the en banc Ninth Circuit announces a "newly stated 'abuse of discretion' test": And apparently it's even more difficult to satisfy than the "abuse of discretion" test that it replaces, which, according to the majority, provided "no effective limit on our power to substitute our judgment for that of the district court."

You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:52 PM by Howard Bashman



Seventh Circuit decides copyright dispute involving photographs of Thomas the Tank Engine and his friends: The fictional world of Thomas the Tank Engine contains very little mention of litigation (or of FELA, for that matter). But in the real world, litigation does exist, and today's ruling of the U.S. Court of Appeals for the Seventh Circuit demonstrates that Thomas & Friends don't always end up on the winning side.
Posted at 02:42 PM by Howard Bashman


"Defense Lawyers in Wone Case Seek to Exclude Uncharged Conduct": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 02:30 PM by Howard Bashman


In today's mail: Today's mail contained a copy of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."

And, from The Green Bag, I received a Chief Justice John G. Roberts, Jr. "Supreme Court Sluggers" baseball trading card.
Posted at 01:21 PM by Howard Bashman



Federal Circuit enters "Cold War" battle: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit in Cold War Museum, Inc. v. Cold War Air Museum, Inc. at this link.

"The TTABlog" previously covered the case in posts you can access here and here. And the ruling of the Trademark Trial and Appeal Board in this matter can be accessed here.
Posted at 12:00 PM by Howard Bashman



"Comment decision in high court's hands": Today's edition of The Nashua Telegraph contains an article that begins, "The New Hampshire Supreme Court heard arguments Wednesday in a free-speech case that calls into question whether media outlets can protect the identities of anonymous online commenters. The case also has potentially broad implications in determining who constitutes the media in an Internet age that has blurred the line between traditional news outlets and bloggers or citizen journalists."
Posted at 08:07 AM by Howard Bashman


"Court should prevent use of Prop. 9 to take beach": J. David Breemer has this op-ed today in The Houston Chronicle.
Posted at 08:04 AM by Howard Bashman


"Top court to hear teacher e-mail dispute next week": The Wisconsin Rapids Daily Tribune contains this article today.
Posted at 08:03 AM by Howard Bashman


"$2.3 million or $800,000 the question in court; Justices consider whether new law applies to contingency fee": Today's edition of The Las Vegas Review-Journal contains an article that begins, "A voter initiative that fundamentally altered medical malpractice litigation in Nevada was the basis of an appeal heard last week by a panel of Nevada Supreme Court justices."
Posted at 07:58 AM by Howard Bashman


"Lawyers fight law on sex offenders before Ohio Supreme Court": This article appears today in The Columbus Dispatch.
Posted at 07:55 AM by Howard Bashman


"Former NM high court chief dies during speech": The Associated Press has a report that begins, "Former state Supreme Court Chief Justice Gene Franchini has died while addressing first-year law students at the University of New Mexico. KOB-TV reported that Franchini was giving his annual speech on ethics and the role of a judge Wednesday evening when he collapsed."

And KOB-TV reports that "Former state Chief Justice dies giving lecture at UNM."
Posted at 07:52 AM by Howard Bashman



"Butler faces pointed queries at confirmation hearing": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Judge Louis Butler was ready with a quip at his judicial confirmation hearing Wednesday when a Republican senator asked him about losing two elections for Wisconsin Supreme Court."
Posted at 07:48 AM by Howard Bashman


"Women begin to dominate state appellate courts": This article appears today in The Pittsburgh Tribune-Review.
Posted at 07:40 AM by Howard Bashman


"Calif. Justices Seem OK With DNA-Based Warrant": law.com has this report.
Posted at 07:38 AM by Howard Bashman


"Justices, in Aftermath of 2 Murder Cases, Hear Claims of a Process Gone Wrong": Adam Liptak has this article today in The New York Times.

Today in USA Today, Joan Biskupic has an article headlined "High court weighs lawsuits against prosecutors; Roberts: Claims could have a 'chilling effect.'"

The Omaha World-Herald reports today that "Court weighs legal shield."

The Des Moines Register reports that "Court reviews Iowa prosecutors' immunity."

law.com's Tony Mauro reports that "High Court Justices Weigh Tradition of Prosecutorial Immunity Against Potential Civil Rights Violations."

And the web site of Time magazine has an article headlined "When Is It Legal To Frame A Man For Murder?"
Posted at 07:33 AM by Howard Bashman



"Analysis: Democrats have short memory on judges." The Associated Press has a report that begins, "Ten months into Barack Obama's presidency, Democrats are accusing Republicans of creating 'a dark mark on the Senate' by delaying confirmation of his federal court nominees."
Posted at 07:20 AM by Howard Bashman


Wednesday, November 4, 2009

"New Albany again rebuffed in battle against adult bookstore": Yesterday's edition of The Louisville Courier-Journal contained this article.
Posted at 09:30 PM by Howard Bashman


"18 And a Life To Go: The U.S. is the only country that sentences juveniles to life in prison without parole; Will the Supreme Court declare it unconstitutional?" This article appears online at the web site of Newsweek magazine.

And online at Slate, Amy Bach has a jurisprudence essay entitled "All Locked Up: Did Joe Sullivan, sentenced to life at 13, have a fair trial?"
Posted at 09:25 PM by Howard Bashman



"Supreme Court orders new trial in CV defamation case": The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "The state Supreme Court ordered a new trial today in $3.5 million defamation verdict against The Citizens' Voice that the newspaper's attorneys allege was possibly fixed in a conspiracy between a Luzerne County judge and a convicted mobster."

And The Associated Press reports that "NE Pa. paper wins new trial in defamation case."

You can access today's order of the Supreme Court of Pennsylvania at this link. The Report and Recommendation referenced in today's order can be accessed here.
Posted at 09:08 PM by Howard Bashman



"The Framers on the Framers: Does the Constitution protect prosecutors who fabricate evidence?" Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:57 PM by Howard Bashman


"DC sniper proclaims innnocence in 2008 letter": The Associated Press has this report.
Posted at 07:50 PM by Howard Bashman


"Death sentence upheld for Julie Love's killer": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The federal appeals court in Atlanta on Wednesday upheld the death sentence against a man convicted of one of Atlanta's most infamous murders -- the abduction and killing of 27-year-old Julie Love."

Circuit Judge Ed Carnes wrote today's 116-page ruling of the U.S. Court of Appeals for the Eleventh Circuit for a unanimous three-judge panel.
Posted at 07:22 PM by Howard Bashman



"Panel to discuss U.S. Supreme Court and the media": Princeton University has issued a news release that begins, "Noted law reporters and media analysts will participate in a panel discussion titled 'Full Court Press: The Supreme Court, the Media and Public Understanding' at 4:30 p.m. Wednesday, Nov. 11."
Posted at 05:50 PM by Howard Bashman


"Supreme Court appears split on tackling rogue prosecutors; The Supreme Court Wednesday heard arguments in a lawsuit brought by two Iowa men who spent 25 in prison after prosecutors allegedly fabricated evidence against them; Justices seemed divided on the issue of how much immunity prosecutors should enjoy": Warren Richey of The Christian Science Monitor has this report.

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court Weighs Prosecutors' Immunity" featuring Nina Totenberg.
Posted at 05:48 PM by Howard Bashman



"Melvin Brunetti dies at 75; federal appeals court judge; He sat on the 9th Circuit Court of Appeals for 24 years; His key opinions include upholding Robert Alton Harris' death penalty and broader Pentagon scrutiny of homosexuals' security clearances": Carol J. Williams had this obituary yesterday in The Los Angeles Times.

And yesterday's edition of Metropolitan News-Enterprise contained an article headlined "Services Set for Ninth Circuit Senior Judge Brunetti."
Posted at 03:14 PM by Howard Bashman



This U.S. Supreme Court case does not involve Woody Allen: Although, if glanced at too quickly, the case of
Wood v. Allen
in which the U.S. Supreme Court heard oral argument today (the transcript is available at this link) does look a bit like "Woody Allen."

But while speaking of Hollywood, it is noteworthy that petitioner Wood's first name actually is Holly. Because this is a death penalty case, it remains to be seen whether -- and, if so, for whom -- it will have a happy ending.
Posted at 03:10 PM by Howard Bashman



"Court worries about stifling prosecutors": Jesse J. Holland of The Associated Press has a report that begins, "The Supreme Court on Wednesday seemed worried that allowing people to sue prosecutors who fabricate evidence to win convictions might chill other prosecutions - even if those prosecutors are doing their jobs correctly and honestly."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Pottawattamie County v. McGhee, No. 08-1065.
Posted at 03:07 PM by Howard Bashman



"Charlotte judge nominated to 4th Circuit Court of Appeals": The Charlotte Observer has this news update, along with a news update headlined "Wynn, Diaz tapped for U.S. appeals court."

At the "44" blog of The Washington Post, Michael A. Fletcher has a post titled "Obama nominates two to the 4th Circuit Court of Appeals."

The Daily Reflector of Greenville, North Carolina has a news update headlined "Robersonville native nominated to U.S. Court of Appeals."

The News & Record of Greensboro, North Carolina has an update headlined "Obama appoints two N.C. judges to Fourth Circuit."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Obama Nominates Two from N.C. to the 4th Circuit."

Today's official news release from the White House is headlined "President Obama Nominates Judge Albert Diaz and Judge James Wynn to the Fourth Circuit Court of Appeals."
Posted at 02:57 PM by Howard Bashman



To quote from a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today, "Bow wow wow, yippie yo, yippie yea": It's true, the "Bow Wow refrain" is at issue in a copyright infringement appeal that the Sixth Circuit decided today. You can access today's ruling at this link.
Posted at 11:10 AM by Howard Bashman


"Prosecutors keep eyes on Bluffs case": This past Sunday's edition of The Omaha World-Herald contained an article that begins, "A case that began in a dark used car lot 32 years ago will see the light of the U.S. Supreme Court chamber this week. The issue before the high court isn't whether Curtis McGhee and Terry Harrington, both of Omaha, were wrongly convicted of murdering a retired Council Bluffs police officer. Or whether the two men were unjustly imprisoned for 25 years. The court also isn't tasked with deciding whether county prosecutors fabricated evidence that led to the men's conviction. Rather, the question is: If prosecutors in fact fabricated evidence, can they be sued for it?"

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Can Prosecutors Be Sued By People They Framed?"
Posted at 08:45 AM by Howard Bashman



"Wisconsin Supreme Court hears lawsuit on civil unions; Case could overturn amendment which bans gay marriage": The Badger Herald, the student newspaper of the University of Wisconsin-Madison, contains this article today.

And The Milwaukee Journal Sentinel reports today that "State Supreme Court hears arguments on gay marriage amendment."
Posted at 07:28 AM by Howard Bashman



"Orie Melvin bucks odds to win Pa. Supreme Court seat": This article appears today in The Pittsburgh Post-Gazette.

The Philadelphia Inquirer reports today that "Melvin wins Supreme Court race."

The Patriot-News of Harrisburg, Pennsylvania reports that "Melvin will become next justice."

And The Pittsburgh Tribune-Review reports that "Orie Melvin leads Panella for Pennsylvania Supreme Court seat."
Posted at 07:24 AM by Howard Bashman



"State justices debate limits on sex offenders": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The California Supreme Court appeared to be searching for a middle ground Tuesday in a dispute over whether thousands of formerly imprisoned sex offenders must live at least 2,000 feet from parks and schools, a voter-approved restriction that would exclude them from most of the state's urban areas."
Posted at 07:20 AM by Howard Bashman


"Supreme Court is asked to spare sniper; Lawyers: Muhammad shouldn't have been allowed to represent self." This article appears today in The Washington Post.
Posted at 07:18 AM by Howard Bashman


"Michigan Supreme Court justices take up doctor liability; Patient shot in '99 sued psychiatrist's estate": Today's edition of The Detroit Free Press contains an article that begins, "More than 10 years after an explosion of violence and death at the office of a Southfield psychiatrist, the Michigan Supreme Court heard arguments Tuesday about whether the estate of the slain psychiatrist is liable for injuries a patient suffered when a former patient shot them."
Posted at 07:14 AM by Howard Bashman


"Justices split on Series": Mark Sherman of The Associated Press has a report that begins, "He's a right-leaning New Jersey native with a lifelong love of the Phillies. She's a liberal New Yorker who grew up near Yankee Stadium. They're eying each other warily these days from opposite ends of the Supreme Court bench. Justices Samuel Alito and Sonia Sotomayor make no secret of their rooting interests in the World Series, though neither would say whether they have a wager on the outcome."
Posted at 07:10 AM by Howard Bashman


Tuesday, November 3, 2009

"Republican Melvin wins Supreme Court seat": The Patriot-News of Harrisburg, Pennsylvania has an update that begins, "Republican Joan Orie Melvin has won a seat on the Pennsylvania Supreme Court. Unofficial returns showed Melvin besting Democrat Jack Panella by a 53 percent to 47 percent margin with 91 percent of the state's 9,313 precincts reporting."
Posted at 11:58 PM by Howard Bashman


"At Supreme Court: Can prosecutors be sued for framing defendants? Two African-American men wrongly imprisoned for 25 years filed a lawsuit against prosecutors for fabricating evidence against them; The Supreme Court hears the case Wednesday." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:15 PM by Howard Bashman


"Supreme Court seeks White House views on hiring illegals": Michael Doyle of McClatchy Newspapers has this report.

And The Arizona Republic reports today that "Justices may hear disputed Arizona law; High court seeks Obama input on migrant hiring."
Posted at 10:14 PM by Howard Bashman



"Federal judges pursue judicial pay dispute in appeals court; Eight federal judges argue that Congress violated the Constitution when it nixed scheduled judicial pay hikes; They want an appeals court to overturn its own precedent or let the case move to the Supreme Court": Warren Richey of The Christian Science Monitor has this report.
Posted at 08:55 PM by Howard Bashman


"Justices Scrutinize Adviser Pay": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Justices tackle case on investment fees; Court seems disinclined to tighten oversight of mutual fund advisers."

David G. Savage and Walter Hamilton of The Los Angeles Times report that "U.S. Supreme Court debates whether mutual funds' fees are too high; Investors may be allowed to sue funds' board members if the fees are considered excessive."

And Jess Bravin of The Wall Street Journal reports that "Justices Weigh Fees Investment Advisers Charge Mutual Funds."
Posted at 08:52 PM by Howard Bashman



"Bill signing finally outlaws indoor prostitution in R.I." The Providence Journal has this news update.
Posted at 08:40 PM by Howard Bashman


"Plea to delay execution in sniper case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:27 PM by Howard Bashman


"DC sniper to ask Supreme Court to block execution": The Associated Press has this report.

And last week in The Richmond Times-Dispatch, Frank Green had an article headlined "Sniper's ex-wife says his real aim was to kill her."
Posted at 04:54 PM by Howard Bashman



"Holder, Gates oppose restrictions on Gitmo trials": The Associated Press has this report, along with a report headlined "Guantanamo hunger striker losing weight."
Posted at 03:48 PM by Howard Bashman


"Judge rules artist Daniel Moore needs no University of Alabama license for paintings": Today's edition of The Birmingham News contains an article that begins, "Daniel Moore, the artist beloved by University of Alabama football fans for preserving some of the Crimson Tide's most memorable exploits, won the right to keep painting without having to be licensed by UA. A federal judge today said in a memorandum opinion that Moore's art does not violate any UA trademark."

The Tuscaloosa News reports today that "Judge sides with Daniel Moore in lawsuit."

The Associated Press reports that "Football artist Daniel Moore wins court decision over University of Alabama."

And yesterday's edition of The Crimson White, the student newspaper of the University of Alabama, contained a related article headlined "Trademark funds total estimated $3.5 million; Funds pay for scholarships."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of Alabama.
Posted at 11:40 AM by Howard Bashman



"Guantanamo detainees begin life in Palau": The Associated Press has this report from Koror, Palau.
Posted at 10:18 AM by Howard Bashman


"Law Professor sues 'Above the Law' blog; time to go back to complaint-drafting school": Ben Sheffner has this post, providing access to the complaint initiating suit, at his "Copyrights & Campaigns" blog.
Posted at 10:15 AM by Howard Bashman


"Nation's high court rejects Seale appeal": Today's edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, "Reputed Klansman James Ford Seale lost one appeal argument Monday before the U.S. Supreme Court in his quest to overturn his 2007 federal kidnapping convictions in the deaths of two black teens more than 45 years ago. But the attorney for the former Roxie cropduster says it won't be the last."

The New York Times reports today that "Court Declines Case of Klansmen in '64 Slayings."

Warren Richey of The Christian Science Monitor reports that "Supreme Court declines to hear civil-rights era KKK case; The Supreme Court refuses to hear a case on whether the federal statute of limitations applies to a 1964 Ku Klux Klan kidnap-murder; That leaves the issue unresolved for future civil-rights era cases."

Bill Mears of CNN.com reports that "Justices reject appeal in 1964 kidnapping case related to civil rights."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Rejects 5th Circuit Plea in Kidnap Case."
Posted at 10:12 AM by Howard Bashman



"New damages trial for Wyeth in Ark. hormones case": The Associated Press has this report.

And at the "Am Law Litigation Daily" blog, Alison Frankel has a post titled "Wyeth to Face New Trial on Punitive Damages in Hormone Replacement Case."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 10:02 AM by Howard Bashman



Philadelphia Phillies 8, New York Yankees 6: For the second year in a row, my son and I had the pleasure of attending game five of the World Series at Citizens Bank Park in Philadelphia. And once again, the Phillies won!

Unlike last year, where the game five victory came after an interruption of several days and resulted in a world championship, this year the victory assured a return to Yankee Stadium for game six and game seven (if necessary).

You can access the box score of Monday night's game at this link, while wraps are available here and here.
Posted at 12:50 AM by Howard Bashman



Monday, November 2, 2009

"Court of Appeals Mourns Loss of Senior Circuit Judge Melvin T. Brunetti": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release today.
Posted at 03:37 PM by Howard Bashman


"Maher Arar's U.S. lawsuit rejected; Victims of extraordinary rendition have no recourse to sue Washington for torture suffered overseas, appellate court rules": The Toronto Globe and Mail contains this news update.

Reuters reports that "Canadian sent to Syria can't sue U.S. over torture."

And Bloomberg News reports that "U.S. Appeals Court Upholds Rendition Suit Dismissal."

My earlier coverage of today's en banc Second Circuit ruling appears at this link.
Posted at 03:33 PM by Howard Bashman



"Mutual Fund Fee Dispute Divides U.S. Supreme Court": Greg Stohr of Bloomberg News has a report that begins, "U.S. Supreme Court justices signaled they are split over the role judges should play in reviewing the compensation of mutual fund advisers in a case that might force reductions in the $90 billion in annual fees advisers collect."

James Vicini of Reuters reports that "U.S. top court considers mutual fund fees."

And Jesse J. Holland of The Associated Press reports that "Justices seem unwilling to get involved in fees."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Jones v. Harris Associates L.P., No. 08-586.
Posted at 03:05 PM by Howard Bashman



"Time Gets Away From Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:00 PM by Howard Bashman


"Full Appeals Court Rejects Suit in Rendition Case": At the "City Room" blog of The New York Times, Benjamin Weiser has a post that begins, "A federal appeals court in New York ruled on Monday that Maher Arar, a Canadian man who claimed that American officials sent him to Syria in 2002 to be tortured, cannot sue for damages because Congress has not authorized such suits."

And The Associated Press has a report headlined "Appeals court: Detained Canadian cannot sue in US."

You can access today's 181-page ruling of the en banc U.S. Court of Appeals for the Second Circuit at this link.

The en banc ruling was by a 7-4 margin. Each of the four dissenting judges issued a separate opinion in which the other three dissenting judges joined.
Posted at 12:05 PM by Howard Bashman



Unanimous three-judge Eighth Circuit panel affirms jury's $2.7 million compensatory damages award in favor of woman who proved hormone replacement therapy drugs caused her breast cancer and orders new trial limited to punitive damages against defendant Wyeth: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

Update: Bloomberg News reports that "Pfizer Doesn't Have to Pay $27 Million Prempro Award."
Posted at 11:52 AM by Howard Bashman



"With Obama Proceeding Reasonably To Fill Federal Judgeships, the Bottleneck Is the Senate": Law professor Carl Tobias has this essay online at FindLaw.
Posted at 10:32 AM by Howard Bashman


"Judge snubbed U.S. Islamic groups in secret ruling": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 10:28 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List online at this link. The Court granted review in three cases and requested the views of the Solicitor General in four cases.

Justice John Paul Stevens issued a statement respecting the dismissal of the certified question from the U.S. Court of Appeals for the Fifth Circuit in United States v. James Ford Seale. Justice Stevens' statement, in which Justice Antonin Scalia has joined, is essentially a dissent from the Court's refusal to answer the certified question. Justice Stevens' statement concludes:

The certification process has all but disappeared in recent decades. The Court has accepted only a handful of certified cases since the 1940s and none since 1981; it is a newsworthy event these days when a lower court even tries for certification. Section 1254(2) and this Court's Rule 19 remain part of our law because the certification process serves a valuable, if limited, function. We ought to avail ourselves of it in an appropriate case. In my judgment, this case should be briefed and set for argument.
My earlier coverage of the Fifth Circuit's certification order can be accessed here.

At "SCOTUSblog," Lyle Denniston has a post titled "Court grants 3 cases, turns aside detainee plea."

And in early news coverage, The Associated Press reports that "Court to decide if two-person Labor Board legal"; "High court won't review civil rights-era case"; and "Court won't stop release of church documents."
Posted at 10:10 AM by Howard Bashman



"Health insurance mandate alarms some; Critics say it may be unconstitutional to charge a penalty for not buying a product; Supporters compare the mandate to car insurance requirements": David G. Savage had this article yesterday in The Los Angeles Times.
Posted at 07:38 AM by Howard Bashman


"Supreme Court race: Nasty campaign belittles quality candidates." This editorial appears today in The Patriot-News of Harrisburg, Pennsylvania.
Posted at 07:35 AM by Howard Bashman


"Bogle Takes on Mutual Fund Industry as Top Court Considers Fees": Greg Stohr of Bloomberg News reports that "Bogle Takes on Mutual Fund Industry as Top Court Considers Fees."

Financial Times reports today that "Top US court to rule on mutual fund fees."

MarketWatch reports that "Supreme Court case spotlights fund fees; Investors could see greater disclosure, better explanation of ownership costs."

The New York Times contains an editorial entitled "The Court and Your Savings."

And in The Wall Street Journal, Paul S. Atkins has an op-ed entitled "Tort Lawyers Target Mutual Funds."
Posted at 07:33 AM by Howard Bashman



Sunday, November 1, 2009

"Judicial nominations pile up, and parties blame each other": Rob Hotakainen of McClatchy Newspapers has this report.
Posted at 07:48 PM by Howard Bashman


"Woman left broke by divorce payout takes fight to Supreme Court": Monday's edition of The Times of London contains an article that begins, "A British woman left almost penniless by divorce goes to the Supreme Court this week in a case that will test London's reputation as the divorce capital of the world."
Posted at 07:38 PM by Howard Bashman


"Nine years and Hispanic farmers still waiting for discrimination suit ruling": This article appeared yesterday in The Fresno Bee.
Posted at 07:32 PM by Howard Bashman


"More districts use income, not race, as basis for busing": Monday's edition of USA Today will contain an article that begins, "Struggling to improve schools that have large populations of poor and minority students and under legal pressure to avoid racial busing, a small but growing group of school districts are integrating schools by income."
Posted at 07:30 PM by Howard Bashman


"California killer's case back before Supreme Court; Fernando Belmontes was sentenced to death in 1982 for murdering a 19-year-old woman; The San Francisco-based 9th Circuit Court of Appeals has overturned his sentence three times": David G. Savage will have this article in Monday's edition of The Los Angeles Times.
Posted at 07:28 PM by Howard Bashman


Papers of note available online from SSRN: Law professor Suja A. Thomas has an essay entitled "The New Summary Judgment Motion: The Motion to Dismiss Under Iqbal and Twombly" (via "Legal Theory Blog").

And law professor Penelope Pether has an article entitled "Constitutional Solipsism: Toward a Thick Doctrine of Article III Duty; or Why the Federal Circuits' Nonprecedential Status Rules are (Profoundly) Unconstitutional" (via "Legal Theory Blog").
Posted at 04:37 PM by Howard Bashman



"Father wins a family by fighting his firing": Today's edition of The News & Observer of Raleigh, North Carolina contains an article that begins, "Jim Dotson spent the past six years seeking the truth, not only from his employer who he charged wrongly fired him, but for himself and his family. In October, the U.S. Supreme Court declined to hear his former employer's appeal, handing Dotson a victory even as it cost him his career, his home and most of his life savings. Once a fast-rising division salesman for Pfizer, a pharmaceutical company based in New York, Dotson was fired in 2003. The firing came just days after he and his wife, Ann, returned to Raleigh from Russia with a 13-month-old adopted baby girl with chronic upper respiratory infections."
Posted at 04:15 PM by Howard Bashman


"Bringing justice to them all: Thousands of cases are overturned, thanks to a family that refused to give up." This article about the juvenile court scandal in northeastern Pennsylvania appears today in The Times Leader of Wilkes-Barre, Pennsylvania.
Posted at 04:11 PM by Howard Bashman


"Court hears appeal on Mass. wine shipment law": The Associated Press has this report on a case to be argued tomorrow before the U.S. Court of Appeals for the First Circuit.
Posted at 04:10 PM by Howard Bashman


"U.S. Supreme Court: Knots could tighten around abortion." Michael Kirkland of United Press International has this report.
Posted at 03:57 PM by Howard Bashman


"Attacks drown out issues in state Supreme Court race": This article appears today in The Patriot-News of Harrisburg, Pennsylvania.

And The Associated Press reports that "Pa. high court race yields cash, but not clarity."
Posted at 03:44 PM by Howard Bashman



"'Thug' senator Alan Simpson condemns teen convicts' life sentence": The Times of London contains this article today.
Posted at 03:40 PM by Howard Bashman


"Privacy Looms Over Gay Rights Vote": This article appears today in The New York Times.
Posted at 03:35 PM by Howard Bashman


"Obama administration: Toss wiretap lawsuit." The Associated Press has a report that begins, "Attorney General Eric Holder says a lawsuit in San Francisco over warrantless wiretapping threatens to expose ongoing intelligence work and must be thrown out."
Posted at 03:33 PM by Howard Bashman


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