How Appealing

Wednesday, August 31, 2011

"Orie's appeal rejected": The Pittsburgh Tribune-Review has a news update that begins, "A state appeals court rejected state Sen. Jane Orie's claim that she cannot be retried on corruption charges, ruling on Wednesday that she was responsible for her case ending in a mistrial."

You can access today's per curiam ruling of the Superior Court of Pennsylvania at this link.
Posted at 10:48 PM by Howard Bashman



"US appeals court considers wiretapping lawsuits": The Associated Press has this report.
Posted at 09:03 PM by Howard Bashman


"Bonds Avoids Perjury Retrial": The New York Times has this news update.

The San Francisco Chronicle has a news update headlined "Perjury charges against Bonds dropped."

Howard Mintz of The San Jose Mercury News has an update headlined "Prosecutors won't retry Barry Bonds on three perjury counts."

And The Associated Press reports that "Feds drop remaining charges against Bonds."
Posted at 08:57 PM by Howard Bashman



"Panel confirms Liu to state Supreme Court": Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Goodwin Liu confirmed to California Supreme Court."

And The Associated Press reports that "UC Berkeley prof. confirmed to Calif. high court."
Posted at 08:44 PM by Howard Bashman



"Court case lifts lid on secret post 9/11 flights": The Associated Press has this report.
Posted at 05:22 PM by Howard Bashman


"Revolt Weakens Jones' Control of Fifth Circuit Law: Bankruptcy." On Monday, Bloomberg News columnist Bill Rochelle had this essay.
Posted at 02:00 PM by Howard Bashman


"Orie attorney: Latest charges 'vindictive.'" Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And today's edition of The Pittsburgh Tribune-Review contains an article headlined "Charges put Orie attorney in tough spot" and an op-ed by columnist Eric Heyl entitled "Defense for Orie may just be a snooze."
Posted at 08:37 AM by Howard Bashman



"Judge strikes down key provisions of sonogram law; Attorney general says he will appeal ruling on law requiring women to receive procedure before an abortion": Chuck Lindell and Tim Eaton have this article today in The Austin American-Statesman.

The Houston Chronicle reports today that "Judge stays sonogram law."

And The Associated Press reports that "Federal judge rejects major parts of new Texas law on sonograms and abortions."

You can access yesterday's ruling of the U.S. District Court for the Western District of Texas at this link.
Posted at 08:32 AM by Howard Bashman



"Judges consider Jared Lee Loughner's medication; Lawyers for the Tucson shooting suspect say his involuntary treatment with anti-psychotic drugs is a violation of his rights": Carol J. Williams has this article today in The Los Angeles Times.

The Arizona Republic reports today that "Appeals panel weighs Loughner's treatment; At core of debate are safety issues, defendant's rights."

And The Arizona Daily Star reports that "Appeal judges skeptical about Loughner medication."
Posted at 08:22 AM by Howard Bashman



Tuesday, August 30, 2011

"Loughner Asks Court to Stop Forced Drugging While Shooting Trial on Hold": Bloomberg News has this report.

And The Associated Press reports that "Court grapples with medicating rampage suspect."

You can access via this link the audio of today's oral argument to a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 07:58 PM by Howard Bashman



"Getting Away With Torture: Dick Cheney's memoir shows the importance of the law, not of torture." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 06:22 PM by Howard Bashman


"Sen. Jane Orie hit with charges of perjury, tampering, forgery": The Pittsburgh Tribune-Review has this news update.
Posted at 02:11 PM by Howard Bashman


"This Week: Appeals Court to Weigh NSA Dragnet Surveillance." David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 10:40 AM by Howard Bashman


"Court to hear appeal over medicating Loughner": The Associated Press has this report.
Posted at 09:12 AM by Howard Bashman


"2 sides clash on release of Prop. 8 trial videos": Bob Egelko has this article today in The San Francisco Chronicle.

The Washington Times reports today that "California judge plans to rule on whether to unseal Prop 8 videotape."

And The Associated Press reports that "Judge mulls unsealing videos of gay marriage trial."
Posted at 09:10 AM by Howard Bashman



"Supreme Court investigation shows justices are no less screwed-up than anyone else": Columnist Chris Rickert has this op-ed today in The Wisconsin State Journal.
Posted at 09:00 AM by Howard Bashman


"A key Sept. 11 legacy: more domestic surveillance; In one of the biggest changes to American life since the 2001 terrorist attacks, the government now collects vast quantities of information about its citizens." This article appears today in The Los Angeles Times.
Posted at 08:52 AM by Howard Bashman


"Defense Tack in Family Killings Promises More Harrowing Jolts": Today's edition of The New York Times contains an article that begins, "For weeks last fall, until Steven J. Hayes was sentenced to death, Connecticut was riveted by testimony describing the nightmarish fate of the Petit family in Cheshire."
Posted at 08:47 AM by Howard Bashman


"State Bar gives rave review to nominee Goodwin Liu": Bob Egelko has this article today in The San Francisco Chronicle.

And The Recorder reports that "JNE Gives Goodwin Liu Highest Rating."
Posted at 08:40 AM by Howard Bashman



"Supreme Court Justice Ginsburg gives historical, humorous lecture": The SMU Daily Campus contains this article today.

And The Associated Press reports that "Ruth Bader Ginsburg speaks at SMU."
Posted at 08:33 AM by Howard Bashman



Monday, August 29, 2011

"Fort Worth attorney considers challenging Supreme Court ruling for airman": Yesterday's edition of The Fort Worth Star-Telegram contained an article that begins, "There are few battles with worse odds for a U.S. serviceman than trying to sue the U.S. government for negligence."

The newspaper also contained an article headlined "Airman who lost both legs in botched surgery fights for compensation."
Posted at 11:23 PM by Howard Bashman



"Goodwin Liu appears to have clear path to California Supreme Court": Howard Mintz of The San Jose Mercury News has this update.
Posted at 10:11 PM by Howard Bashman


"Judicial commission is next in line to tackle court incident": The Milwaukee Journal Sentinel has a news update that begins, "With two Supreme Court justices avoiding criminal charges last week, the pressure in the case now shifts to the state's commission for disciplining judges."
Posted at 10:08 PM by Howard Bashman


"Appeals court throws out sanctions against Miami federal prosecutors; A federal appeals court found that the U.S. attorney's office did not act improperly in the high-profile prosecution of a Miami Beach doctor acquitted of overprescribing pain medication": Jay Weaver of The Miami Herald has this news update.

The Associated Press reports that "Sanctions against Miami prosecutors overturned."

And from Thomson Reuters, Alison Frankel's "On the Case" has a report headlined "11th Circ. on prosecutorial misconduct: What does 'or' mean?"

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:00 PM by Howard Bashman



"Warrantless surveillance memos remain under wraps": Pete Yost of The Associated Press has this report.
Posted at 06:26 PM by Howard Bashman


"Impeached Judge Thomas Porteous' former secretary loses appeal to regain job": The Times-Picayune of New Orleans has this news update reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued last Friday.
Posted at 04:52 PM by Howard Bashman


"This case requires us to determine whether a child conceived through artificial insemination more than a year after her father's death qualifies for benefits under the [Social Security] Act." Addressing an issue that is already the subject of a circuit split, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit answered "no" in a ruling issued today.
Posted at 11:33 AM by Howard Bashman


Appellate practice pointer -- the Eleventh Circuit demonstrates the advantages of understanding the meaning of a biblical allusion before persisting in an objection to it: On Tuesday of last week, Circuit Judge Ed Carnes issued this opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.

On pages 32 through 34 of the opinion, the court rejects the argument that a federal district judge's statement to the jury of "may you have the judgment of Solomon" before deliberations began should be understood as improperly encouraging the jury to "split the baby."
Posted at 11:22 AM by Howard Bashman



"Commentary: The Court's increasing reliance on amicus curiae in the past term." R. Reeves Anderson and Anthony J. Franze have this essay in the August 24, 2011 issue of The National Law Journal's "Supreme Court Insider."
Posted at 11:11 AM by Howard Bashman


"Judge mulls unsealing videos of gay marriage trial": The Associated Press has this report.
Posted at 11:02 AM by Howard Bashman


On judges as umpires -- a recent Wall Street Journal article demonstrates that even baseball umpires can have style: An article that The Wall Street Journal published earlier this month was headlined "Baseball's Masked Men Show Their Inner Hams on Strike Three; Gyrating Umpires Get Chance to Show Off When Batter Looks His Worst."

A related graphic, which seeks to describe the strike-three mechanics of each major league baseball umpire, can be accessed here. Of course, when it comes to strike-three calls, it is difficult to compete with this one.
Posted at 11:00 AM by Howard Bashman



"Judge Tani Cantil-Sakauye backs off camera push": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:42 AM by Howard Bashman


"Partners: Will Clarence and Virginia Thomas succeed in killing Obama's health-care plan?" Jeffrey Toobin had this "Annals of Law" essay in the August 29, 2011 issue of The New Yorker.
Posted at 07:34 AM by Howard Bashman


Sunday, August 28, 2011

"Many death sentences in U.S. military overturned": Marisa Taylor of McClatchy Newspapers has this report, along with related articles headlined "Study: Racial disparities taint military's use of death penalty" and "Military capital cases deserve better defense, critics say."
Posted at 08:00 PM by Howard Bashman


"Revisiting the 2nd Amendment's right to bear arms; So far the courts have limited guns mostly to the home; But the National Rifle Assn. is asking the Supreme Court to clarify that the right extends further": David G. Savage has this article today in The Los Angeles Times.
Posted at 06:00 PM by Howard Bashman


"Under the U.S. Supreme Court: Just how fair does justice have to be?" Michael Kirkland of UPI has this report.
Posted at 05:27 PM by Howard Bashman


Saturday, August 27, 2011

"Court upholds strip club tax": Chuck Lindell has this article today in The Austin American-Statesman.

The New York Times reports today that "Strip Club 'Pole Tax' Is Upheld in Texas."

The Amarillo Globe-News reports that "Strip club fees don't block rights, court rules."

The Houston Chronicle reports that "Lawmaker cheers court OK for strip club 'pole' tax."

The Associated Press reports that "Texas Supreme Court upholds $5 strip club fee."

And Mark Kernes of AVN News reports that "Texas Supremes Uphold Adult Club Entrance Fee; Justices claim the speech restriction is 'de minimis' and justified."

You can access yesterday's ruling of the Supreme Court of Texas at this link.
Posted at 10:24 PM by Howard Bashman



"Prosser admits touching Bradley's neck; she says she suffered no harm": This article appears today in The Milwaukee Journal Sentinel.
Posted at 07:03 PM by Howard Bashman


"State Supreme Court to decide racial data case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The California Supreme Court has agreed to decide whether the State Bar must release racial data from the bar exam to a law professor who believes affirmative action may hurt minorities."

And Metropolitan News-Enterprise reports that "S.C. to Consider Disclosure of State Bar Admission Records."
Posted at 07:00 PM by Howard Bashman



"Court rejects lawyer suspension secrecy; Justices say the public's need to know reasons for discipline outweighs a need to expedite prosecutions": The Des Moines Register contains this article today.
Posted at 06:57 PM by Howard Bashman


"Srinivasan Leaving O'Melveny to Become Deputy Solicitor General": Matthew Huisman has this post at "The BLT: The Blog of Legal Times."
Posted at 06:42 PM by Howard Bashman


"Throw open the Prop. 8 video records: It is time for the courts to acknowledge that video records are a natural, lawful and useful evolution in the American judicial tradition of open court proceedings." Lucy A. Dalglish will have this op-ed Monday in The Los Angeles Times.
Posted at 02:50 PM by Howard Bashman


"Judge allows Loughner's forcible medication": This article appears today in The Arizona Republic.

The Arizona Daily Star reports today that "Loughner went downhill fast off meds, hearing told."

And The Associated Press reports that "Arizona shooting suspect's condition worsens."
Posted at 02:44 PM by Howard Bashman



"Case of 8,000 Menacing Posts Tests Limits of Twitter Speech": Today's edition of The New York Times contains this front page article.
Posted at 10:30 AM by Howard Bashman


"Judge denies motion to suppress Komisarjevsky statements to police": This article appears today in The New Haven Register.

The Hartford Courant reports today that "Judge Rules That Komisarjevsky Confession May Be Used In Cheshire Home Invasion Case; Judge rules against defense."

And The Associated Press has a report headlined "Judge: Jury can hear Conn. home invasion statement."
Posted at 10:05 AM by Howard Bashman



"Bonds's Obstruction Conviction in Steroids Probe Upheld by Federal Judge": Bloomberg News has this report.

The Associated Press reports that "Barry Bonds' conviction upheld by judge."

The New York Times reports today that "Conviction of Bonds on Obstruction Charge Is Upheld by Judge."

And at "Trial Insider," Pamela A. MacLean has a post titled "Barry Bonds Conviction Stands." You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 09:56 AM by Howard Bashman



Thanks to Hurricane Irene, we arrived home a day early: Instead of visiting Wake Forest University yesterday and watching the Winston-Salem Dash play baseball last night, we traveled yesterday from Durham, North Carolina to our home in the Philadelphia suburbs via an inland route that avoided any hurricane-related traffic jams along the coasts.

Among the highlights of the trip -- in addition to visiting six beautiful undergraduate institutions -- were: (1) breakfast at Dahlia Lithwick's house!; (2) experiencing the earthquake centered at nearby Mineral, Virginia from our room on the sixth floor of the Omni Hotel in Charlottesville; (3) visiting Appomattox Court House; (4) taking a tour of Naval Station Norfolk; and (5) traveling over the Chesapeake Bay Bridge-Tunnel.

Our trip took us to see the following schools, listed in the order that we visited them: The College of William & Mary; the University of Richmond; the University of Virginia; the University of North Carolina at Chapel Hill; Duke University; and Davidson College.

Finally, my favorite meal of the trip was the pan roasted NC red grouper that I enjoyed at Nana's of Durham.

Aside from an occasional day-trip to see colleges in New York City and the Baltimore-Washington, DC areas that may occur over the upcoming academic year, our next big college expedition likely will occur next summer on a pre-senior year journey to New England and upstate New York.
Posted at 09:28 AM by Howard Bashman



Friday, August 19, 2011

Programming note: This year's summer vacation will consist of a road trip to Virginia and North Carolina, to see the sights and visit various colleges and universities with my soon-to-be college age child. We also have tickets to see minor league baseball games at Harbor Park and BB&T Ballpark. Additional posts will appear here on Saturday, August 27th.
Posted at 11:30 PM by Howard Bashman


"Funeral protest fight seems destined, again, for Supreme Court": Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:45 PM by Howard Bashman


"U.S. court sets deadline for womens' Wal-Mart claims": Dan Levine of Reuters has this report.
Posted at 10:44 PM by Howard Bashman


"White House Faces Political Dilemma on Health Law Challenge": FoxNews.com has this report.
Posted at 10:42 PM by Howard Bashman


"Prosecutors say Clemens should face second trial": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Prosecutors: Clemens Seeking 'Unwarranted Windfall' from Trial Error." You can access the prosecution's brief at this link.
Posted at 05:52 PM by Howard Bashman



"In this case, a former public high school student alleges that his history teacher violated his rights under the Establishment Clause by making comments during class that were hostile to religion in general, and to Christianity in particular." So explains an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:32 PM by Howard Bashman


"White House: Confirming Judges a 'Top Priority.'" David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 12:18 PM by Howard Bashman


"Supremes could be must-flee TV in Pa." Columnist Eric Heyl has this op-ed today in The Pittsburgh Tribune-Review.

Update: Today's edition of The Philadelphia Inquirer contains an editorial entitled "High court is camera-ready."
Posted at 08:32 AM by Howard Bashman



"Prosser asks parties whether he should step aside in case": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Supreme Court Justice David Prosser asked the parties in a lawsuit over campaign finance rules Thursday whether he should recuse himself, saying he could be impartial but acknowledging some legal experts who had said he should pull out."
Posted at 08:22 AM by Howard Bashman


"Texas Secession Comes to Supreme Court, in a Way": Jess Bravin has this post at WSJ.com's "Washington Wire" blog.
Posted at 08:20 AM by Howard Bashman


"Justice Ginsburg finds history out of order": The San Diego Union-Tribune contains this article today. The newspaper has also posted online this related photo gallery.
Posted at 08:17 AM by Howard Bashman


"Supreme Court Justice Breyer calls Davies a pioneer; Says Fargo judge 'began to end segregation'": This article appears today in The Forum of Fargo, North Dakota.
Posted at 08:14 AM by Howard Bashman


"Law grad exempt from overtime, appeals court rules": Bob Egelko has this article today in The San Francisco Chronicle.

And Metropolitan News-Enterprise reported yesterday that "Court Rules Law Clerk Qualified as Exempt Employee."

You can access Wednesday's ruling of California's Court of Appeal for the First Appellate District, Division Three, at this link.
Posted at 08:05 AM by Howard Bashman



"CA Supreme Court tort case ruling helps insurers": Bob Egelko has this article today in The San Francisco Chronicle.

The Sacramento Bee reports today that "Medical insurers win big in California Supreme Court decision."

And Bloomberg News reports that "Californians Can't Claim Billed Costs in Injury Lawsuits."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:02 AM by Howard Bashman



Thursday, August 18, 2011

"Should Supreme Court Justices be Appointed, not Elected?" Milwaukee Public Radio station WUWM has this report (transcript with link to audio) today.
Posted at 06:05 PM by Howard Bashman


"Court Backs Discipline of Student Over Violent Essay": Mark Walsh has this post today at the "School Law" blog of Education Week reporting on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 05:58 PM by Howard Bashman


"Court Rejects Publishers' Deal With Writers": This article appears today in The New York Times.

My earlier coverage of yesterday's Second Circuit ruling appears here and here.
Posted at 05:55 PM by Howard Bashman



"Justice Kennedy on Vanishing Big Civil Suits": Pamela A. MacLean has this post at "Trial Insider."
Posted at 02:30 PM by Howard Bashman


"Judges mingle at La Costa amid budget cutbacks; Other circuits curtail meetings; the 9th is off to Hawaii next year": This article appears today in The San Diego Union-Tribune.
Posted at 12:23 PM by Howard Bashman


"State Supreme Court to hear Morris Plains case and decide if owner of killed dog can claim emotional distress": Yesterday's edition of The Daily Record of Parsippany, New Jersey contained an article that begins, "Acting on the case of a woman whose maltipoo was shaken to death in Morris Plains by a larger dog, the state Supreme Court has agreed to decide whether dog owners who witness the killing of their pets by another dog can sue for emotional distress."
Posted at 12:03 PM by Howard Bashman


"A recusal required: Justice David Prosser should not hear a case involving a lawyer closely tied to the recount; The connection is too close." The Milwaukee Journal Sentinel contains this editorial today.
Posted at 12:00 PM by Howard Bashman


"California prisoners make inroads with hunger strike": This front page article appears today in The Sacramento Bee.
Posted at 11:58 AM by Howard Bashman


"Supreme Court Ethics And Reviewing The Health Law": Nina Totenberg had this audio segment (transcript with link to audio) on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 11:55 AM by Howard Bashman


"Tobacco: Court upholds big award in smoker's case." Bob Egelko has this article today in The San Francisco Chronicle reporting on a ruling that California's Court of Appeal for the Second Appellate District, Division Three, issued yesterday.

By a vote of 2-to-1, the appellate court upheld an award of $13.8 million in punitive damages on an award of $850,000 in compensatory damages.
Posted at 10:40 AM by Howard Bashman



Law professor who teaches contract law wins reinstatement of his own breach of contract lawsuit against book publisher: The U.S. Court of Appeals for the Sixth Circuit issued this ruling today, a victory for law professor Scott D. Gerber.
Posted at 10:20 AM by Howard Bashman


Wednesday, August 17, 2011

"Court: Farm workers entitled to nearly $2 million." The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:46 PM by Howard Bashman


"Music Group Ends YouTube Lawsuit Appeal": Bloomberg News has this report.
Posted at 05:32 PM by Howard Bashman


"Freelance Writers, Publisher Settlement Rejected by Federal Appeals Court": Bloomberg News has this report.

Reuters reports that "Writers' US settlement with publishers thrown out."

And The Associated Press reports that "NY court rejects $18M class action writers deal."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 05:26 PM by Howard Bashman



"Spin Master Recalls Aqua Dots -- Children Became Unconscious After Swallowing Beads": The U.S. Consumer Product Safety Commission issued this news release in November 2007.

Today, in an opinion written by Chief Judge Frank H. Easterbrook, the U.S. Court of Appeals for the Seventh Circuit issued its ruling on the issue of class certification in a case captioned In re: Aqua Dots Products Liability Litigation.
Posted at 02:42 PM by Howard Bashman



"Judge Shields 3rd Circuit Mediator From Subpoena in Legal Mal Suit": Shannon P. Duffy had this article (registration required) in yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

The ruling that the U.S. District Court for the Eastern District of Pennsylvania issued earlier this month, which the article reports on, can be accessed here.
Posted at 11:55 AM by Howard Bashman



Second Circuit issues ruling in case captioned In re Literary Works in Elect. Databases Copyright Litig., on remand from the U.S. Supreme Court's ruling in Reed Elsevier, Inc. v. Muchnick: Today's majority opinion of a three-judge Second Circuit panel summarizes the court's holding as follows: "Although we reject objectors' arguments regarding the release, we conclude that the district court abused its discretion in certifying the class and approving the Settlement, because the named plaintiffs failed to adequately represent the interests of all class members."

As a result, the Second Circuit has vacated the district court's order certifying the class and approving the settlement and has remanded the case for further proceedings.
Posted at 11:00 AM by Howard Bashman



Majority on divided three-judge Sixth Circuit panel affirms the rejection of Tennessee death row inmate Abu-Ali Abdur'Rahman's Brady claims: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:52 AM by Howard Bashman


"Madoff Trustee Wins Ruling on 'Net Winners'; Appeals Court Finds Trustee Is Right to Pay Only 'Net Losers'; 'the Final Word on This Issue'?" The Wall Street Journal contains this article today.

The New York Times reports today that "Madoff Decision Is Significant Setback for Owners of Mets."

USA Today reports that "Court ruling angers some Madoff investors."

And New York Law Journal reports that "Circuit Sides With Madoff Trustee Over 'Net Winners' in Ponzi Scam."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:45 AM by Howard Bashman



"Lawyers for Defendant in Giffords Shooting Seem to Be Searching for Illness": This article appears today in The New York Times.
Posted at 08:44 AM by Howard Bashman


"ACLU sues state of Kansas over limits on abortion insurance": Today's edition of The Kansas City Star contains an article that begins, "A new Kansas law that bans insurers from providing elective abortion coverage is the state's third abortion-related measure to draw a legal challenge this summer."
Posted at 08:40 AM by Howard Bashman


"Lawmakers' destructive gamesmanship with judicial nominees": This editorial appears today in The Washington Post.
Posted at 08:36 AM by Howard Bashman


"Newest justice is second woman to serve on state's high court": The Argus Leader of Sioux Falls, South Dakota contains this article today.
Posted at 08:33 AM by Howard Bashman


"City to pay $30 million, hire 111 black firefighters": This article appears today in The Chicago Sun-Times.
Posted at 08:30 AM by Howard Bashman


"Election Looms in Health-Law Review": Jess Bravin has this article today in The Wall Street Journal. Free access to the full text of the article is available via Google News.
Posted at 08:24 AM by Howard Bashman


"St. Joseph Abbey's lawyers not worried by challenge to victory in casket lawsuit": This article appears today in The Times-Picayune of New Orleans.

And The Associated Press reports that "La. casket dispute headed to federal appeals court."
Posted at 07:55 AM by Howard Bashman



"New Blood at Federal Circuit; Recent appointees bring fresh viewpoints, which could alter fate of patent cases": law.com has this report.
Posted at 07:48 AM by Howard Bashman


Tuesday, August 16, 2011

"US court rejects appeal in Iraq rape, slaying": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 03:50 PM by Howard Bashman


"Court security guards investigated for accepting baseballs autographed by Roger Clemens": Del Quentin Wilber of The Washington Post has this news update.

And The Associated Press reports that "Guards under investigation for accepting baseballs."
Posted at 02:18 PM by Howard Bashman



"Madoff Trustee Wins Appeals Court Ruling on Calculating Investors' Losses": Bloomberg News has this report.

And The Associated Press reports that "NYC court upholds trustee's calculation of losses."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:23 AM by Howard Bashman



"Loughner's attorneys ask court to halt medication": The Associated Press has this report.

Once the Ninth Circuit posts it online, appellant's reply brief should be available via this link.
Posted at 08:52 AM by Howard Bashman



"PCN allowed to tape Pennsylvania Supreme Court proceedings": This article appears today in The Pittsburgh Tribune-Review.

My earlier coverage appears here and here.
Posted at 08:45 AM by Howard Bashman



"Bill Puts Ethics Spotlight On Supreme Court Justices": Nina Totenberg of NPR has this report.
Posted at 08:36 AM by Howard Bashman


"Human rights group questions court ruling; Pueblo native says Castle Rock police failed to protect her three children": Today's edition of The Pueblo Chieftain contains an article that begins, "An international human rights organization contradicted the U.S. Supreme Court recently when it issued a ruling that the United States violated a Pueblo native's rights by failing to enforce a protection order against her estranged husband, who later killed their three daughters before police shot and killed him."
Posted at 08:32 AM by Howard Bashman


"ACLU agrees to wait on judge's ruling for a stay": The Associated Press has a report that begins, "The attorney for Dixie County says officials are waiting on a federal judge to rule on their request for a stay before removing a six-ton monument of the Ten Commandments from the front steps of the courthouse in north Florida."
Posted at 08:30 AM by Howard Bashman


"Execution set for killer again, despite appeal; Dispute over DNA tests has so far spared Skinner, convicted in 1993": Today's edition of The Houston Chronicle contains an article that begins, "Convicted triple killer Henry Skinner, spared from execution by a last-minute U.S. Supreme Court stay in 2010, again has been assigned a death date, even as an Amarillo federal court considers his fate."
Posted at 08:26 AM by Howard Bashman


"New Haven firefighter's lawsuit revived by appeals court": The New Haven Register contains this article today.

And Reuters reports that "Appeals court reinstates African-American firefighter suit."

My earlier coverage of yesterday's Second Circuit ruling appears here and here.
Posted at 08:23 AM by Howard Bashman



Monday, August 15, 2011

"Pa. Supreme Court to allow cable TV cameras": The Philadelphia Inquirer has this news update.

The Morning Call of Allentown, Pennsylvania has a news update headlined "State high court allows cameras."

And The Associated Press reports that "Pa. high court allows TV cameras to tape arguments."

My earlier coverage appears at this link.
Posted at 08:16 PM by Howard Bashman



"Obama healthcare law: two justices may decide fate." James Vicini of Reuters has this report.

And Politico.com reports that "Lawsuits hit faster track to Supreme Court."
Posted at 08:12 PM by Howard Bashman



"Sauk County DA named special prosecutor in alleged state Supreme Court fracas": The Wisconsin State Journal has this news update.

The Milwaukee Journal Sentinel has a news update headlined "Special prosecutor named in Prosser/Bradley altercation."

And Bloomberg News reports that "Wisconsin Prosecutor to Probe Pre-Labor Law Ruling Fight Between Justices."
Posted at 07:46 PM by Howard Bashman



"State Supreme Court Partners with PCN on First-Ever Television Coverage of High Court Proceedings": The Administrative Office of Pennsylvania Courts issued this news release today.

As coincidence would have it, I am scheduled to argue two separate cases to the Supreme Court of Pennsylvania on the first day of televised oral arguments in that court. Details on those two cases can be accessed via this post.

The Pa. Supreme Court's order issued today can be accessed here. That court's newly adopted Internal Operating Procedure, which contains some interesting requirements, can be viewed by clicking here.
Posted at 02:56 PM by Howard Bashman



"NY court reinstates lawsuit by New Haven fireman": The Associated Press has this report.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 02:42 PM by Howard Bashman



"Obama: Supreme Court will uphold health care law." The Associated Press has this report.
Posted at 02:40 PM by Howard Bashman


Ninth Circuit upholds Nevada Department of Corrections' policy prohibiting inmates' personal possession of typewriters: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:14 PM by Howard Bashman


"The principal question presented in this appeal is whether the first sale doctrine applies to copyrighted works produced outside of the United States but imported and resold in the United States." In a decision issued today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit answers "no" by a vote of 2-to-1.

At issue in John Wiley & Sons, Inc. v. Kirtsaeng was whether the defendant was properly held liable for damages on a theory of copyright infringement for having purchased textbooks overseas that he then resold in the United States. The majority opinion affirms the district court's entry of judgment against the defendant for copyright infringement.
Posted at 12:08 PM by Howard Bashman



Second Circuit reinstates lawsuit raising disparate-impact issue that was expressly anticipated in Ricci v. DeStefano: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:45 AM by Howard Bashman


"Threat law must use 'listener' guide, court rules": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "California's laws against threatening a crime victim or witness are constitutional as long as they apply only when a reasonable listener would conclude the speaker was serious and wasn't merely joking or blowing off steam, the state Supreme Court ruled last week."

You can access last Thursday's ruling of the Supreme Court of California at this link.
Posted at 08:47 AM by Howard Bashman



"California Supreme Court plays role in tort war": Columnist Dan Walters has this op-ed today in The Sacramento Bee.
Posted at 08:44 AM by Howard Bashman


"Should David Hicks, 'the Aussie Taliban,' Profit from His Memoir?" Time magazine has this report.
Posted at 08:42 AM by Howard Bashman


"Legal drama flares in Florida drug-law case; Two Miami-Dade judges have rejected an Orlando federal court's ruling that the state's drug statute is unconstitutional": Saturday's edition of The Miami Herald contained this article.
Posted at 08:32 AM by Howard Bashman


"Some in Lizzie Borden's Hometown Think Her Legend Is Out of Whack; Effort to Restore Her Reputation Cleaves History Buffs; No Burying the Hatchet Now": This article appears today in The Wall Street Journal.
Posted at 08:23 AM by Howard Bashman


Sunday, August 14, 2011

"11th Circuit strikes down individual mandate; Divided panel says portion of health care law mandating individuals to obtain health insurance exceeds Congress' powers but allows rest of law to stand": Alyson M. Palmer will have this article (free access) Monday in The Fulton County Daily Report.
Posted at 09:57 PM by Howard Bashman


"Records of alleged Supreme Court fight won't be released until special prosecutor's decision": This article appeared yesterday in The Wisconsin State Journal.
Posted at 08:50 PM by Howard Bashman


"Cases lining up to ask Supreme Court to clarify Second Amendment rights": Robert Barnes will have this article Monday in The Washington Post.
Posted at 08:42 PM by Howard Bashman


"Under the U.S. Supreme Court: Cracking the housing bust conspiracy." Michael Kirkland of UPI has this report.
Posted at 08:40 PM by Howard Bashman


Saturday, August 13, 2011

"Supreme Court is Elected, but Bears Perry's Stamp": The Texas Tribune has this report.
Posted at 10:34 PM by Howard Bashman


"Canada's poor ranking in access to courts should be wake up call, Chief Justice says": Kirk Makin of The Toronto Globe and Mail has this news update.
Posted at 08:04 PM by Howard Bashman


"Prosser's recount got ample funding; Lawyer who worked on justice's behalf has case pending before court": The Milwaukee Journal Sentinel has this news update.
Posted at 07:58 PM by Howard Bashman


Friday, August 12, 2011

"Health Law Mandate Is Rejected by Court": Michael Cooper will have this article Saturday in The New York Times.

In Saturday's edition of The Washington Post, N.C. Aizenman and Robert Barnes will have an article headlined "Appeals court strikes down health-care law's insurance mandate." Tomorrow's newspaper will also contain an editorial entitled "Health care and the Constitution."

In Saturday's edition of The Los Angeles Times, David G. Savage and Noam N. Levey will have an article headlined "Federal appeals court strikes down insurance mandate; The three-judge panel in Atlanta rules 2 to 1 that Congress does not have the power to require Americans to buy health insurance as required in President Obama's healthcare law."

And Warren Richey of The Christian Science Monitor has an article headlined "Health-care reform law set back, setting stage for Supreme Court showdown; A federal appeals court rejects the individual mandate, the crux of Obama's health-care reform; With another appeals court having already upheld the law, a Supreme Court showdown is far more likely."
Posted at 10:14 PM by Howard Bashman



The idea of hacking into a university's computer system to change bad grades to As apparently doesn't have such a pleasant ending in reality: The Associated Press has a report headlined "Court upholds sentence in Fla. hacking conviction" reporting on a legnthy ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

According to The AP's article, "Prosecutors say [the defendant] and two others in 2007 changed the grades of about 90 FAMU students, including raising 114 F's to A's."
Posted at 05:48 PM by Howard Bashman



"11th Circuit Quotes Wilde (The Other One)!" The blog "South Florida Lawyers" has this post on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

Perhaps the most notable aspect of the ruling is the dissenting opinion by Circuit Judge Ed Carnes (whose Wikipedia entry contains a "How Appealing" cite) lamenting the temptation "for a district court judge to grant, and for appellate judges to affirm, summary judgment even when there is conflicting evidence on a material issue."
Posted at 05:42 PM by Howard Bashman



"Court upholds conviction in Enron-related case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today in the case captioned United States v. James Brown.
Posted at 05:32 PM by Howard Bashman


"Health Care Challenge Doesn't Make the Cut": Courthouse News Service has a report that begins, "Former California legislator Steve Baldwin and a right-wing legal group lack standing to challenge health care reform, the 9th Circuit ruled Friday, the same day that the 11th Circuit said the law was unconstitutional."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:05 PM by Howard Bashman



"Appeals court finds healthcare mandate unconstitutional": David G. Savage of The Los Angeles Times has this news update.

Bill Mears of CNN.com reports that "Appeals court says key parts of health-care reform unconstitutional."

Brent Kendall of Dow Jones Newswires reports that "Health-Law Mandate Ruled Unconstitutional."

The Associated Press reports that "White House criticizes court's health care ruling."

Reuters has a report headlined "Analysis: Healthcare ruling and what it means."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health insurance mandate struck down."
Posted at 03:57 PM by Howard Bashman



"Appeals court strikes health insurance requirement": The Associated Press has a report that begins, "A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties."

Bloomberg News reports that "Health-Care Mandate Ruled Unconstitutional."

And Reuters reports that "Appeals court rules against Obama healthcare law."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 02:00 PM by Howard Bashman



"In my experience, it is rare for three appellate judges to disagree with each other so thoroughly, but in this hard case it may be just as well. With only a narrow holding between us, we have at least avoided making bad law." So concludes the separate opinion of Circuit Judge Janice Rogers Brown in a case in which all three judges on a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit wrote separately.
Posted at 12:22 PM by Howard Bashman


Defying the odds on rehearing en banc in the Fifth Circuit: It is, no doubt, more difficult to obtain rehearing en banc of a three-judge federal appellate panel's ruling when the ruling is unanimous. Nevertheless, a unanimous three-judge panel's ruling did not stop the U.S. Court of Appeals for the Fifth Circuit from granting rehearing en banc in a case captioned Reed v. City of Arlington in February of this year.

Yesterday, in perhaps an even more unlikely development, the Fifth Circuit issued its en banc ruling in the case, and by a vote of 13-to-3 the en banc court disagreed with the original three-judge panel's ruling. In fact, the only three dissenters were the three judges assigned to the original panel that decided the case.
Posted at 11:45 AM by Howard Bashman



"Mattel Files to Appeal Judge's Award to MGA Entertainment in Bratz Case": Bloomberg News has this report.

And The Associated Press reports that "Mattel to appeal $309M judgment in Bratz doll case."
Posted at 11:08 AM by Howard Bashman



"Evans, 71, served on federal appeals court": This obituary appears today in The Milwaukee Journal Sentinel.
Posted at 10:50 AM by Howard Bashman


Thursday, August 11, 2011

"Appeals court tosses injunction vs. Arizona abortion law": The Arizona Republic has a news update that begins, "The Arizona Court of Appeals on Thursday threw out an injunction against portions of state law governing abortion that were passed in 2009."

And Howard Fischer of The Arizona Daily Star has a news update headlined "Appeals Court: New Arizona abortion restrictions legal."

You can access today's ruling of the Arizona Court of Appeals at this link.
Posted at 04:58 PM by Howard Bashman



"Federal appellate Judge Terence Evans dies": The Associated Press has this report.
Posted at 04:54 PM by Howard Bashman


"Supreme Court May Consider Whether Companies Can Be Sued Over Human Rights": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 04:32 PM by Howard Bashman


"Reactions to death of Judge Terence Evans": Bruce Vielmetti of The Milwaukee Journal Sentinel has this post at that newspaper's "Proof & Hearsay" blog.
Posted at 04:26 PM by Howard Bashman


Statement from Seventh Circuit Chief Judge Frank H. Easterbrook regarding the death of Circuit Judge Terence T. Evans: A reader has forwarded the following statement:
Our colleague Judge Terence T. Evans died last night, a victim of idiopathic pulmonary fibrosis and acute respiratory distress syndrome. He was only 71 years old and until recently had been playing golf regularly. His sudden decline was a shock to all who knew this athletic, outgoing, and witty man. People can reasonably debate whether he was better at golf or at law; his friends know that he did both very well indeed.

Terry Evans was educated at Marquette University (B.A. 1962 , J.D. 1967). After graduation, and a year as law clerk to Justice Horace Wilkie of Wisconsin's Supreme Court, he became an assistant district attorney for Milwaukee County. Private practice and the state bench followed. In 1980 he was appointed to the U.S. District Court for the Eastern District of Wisconsin. His service there, including a stint as Chief Judge, ended in 1995 with his promotion to the court of appeals. He took senior status in 2010, after 30 years of active service to the federal judiciary, so that he could spend more time with his family and his golf game, but he continued to hear a substantial caseload. While on the district court he selected Diane S. Sykes as a law clerk; she became his colleague on the Seventh Circuit in 2004.

What his colleagues remember of him, in addition to his energy and his commitment to equal justice under law, was his joie de vivre. He was irrepressible, which lifted everyone's spirits. His opinions were apt to include details about popular songs pertinent to the litigation, or the number of college football teams with the nickname "Bulldogs." Crue v. Aiken, 370 F.3d 668 (7th Cir. 2004) (counting 53 "Eagles", 43 "Tigers", and only 40 "Bulldogs"). A trademark suit about toilet paper offered irresistible opportunity for irreverence, without being any the less analytic. Georgia-Pacific Consumer Products, LP v. Kimberly-Clark Corp., 2011 U.S. App. Lexis 15558 (7th Cir. July 28, 2011). And despite what the Supreme Court said in PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001), Terry Evans was firm in his belief that walking the course is a central element of the game of golf. See Olinger v. United States Golf Ass'n, 205 F.3d 1001 (7th Cir. 2000).

All of his colleagues mourn his passing and convey sympathy to his family.

The court will hold a formal memorial service in the coming months.

Frank H. Easterbrook
Chief Judge
U.S. Court of Appeals for the Seventh Circuit


Posted at 02:25 PM by Howard Bashman


"Federal Judge Terence Evans dies overnight": The Milwaukee Journal Sentinel has an update containing this very, very sad news.

Update: The Journal Sentinel, in July 2009, published a profile headlined "Moving to senior status, Judge Evans seen as funny but no joke."

On the day that this blog turned five years old in 2007, I traveled to Milwaukee to participate as a panelist at that year's Seventh Circuit Judicial Conference. Judge Evans, whom I had long admired from afar and had occasionally spoken with by phone, had kindly volunteered to pick me up at the airport in Milwaukee because we had plans to attend that day's Milwaukee Brewers game together (more details of the game can be accessed here). We had a little bit of extra time before the game, so Judge Evans and I stopped into his home, where he showed off some of the photographs of his family and beloved grandchildren. I also had the pleasure of spending a little bit more time with Judge Evans at dinner the next night.

I think that the first time I had ever heard from Judge Evans was in connection with a column of mine published in Philadelphia's legal newspaper that a former law clerk of his had forwarded to the judge. In that column from June 2001, I described Judges Posner, Easterbrook, and Evans as "the best appellate opinion writers working today." Judge Evans was calling on the phone to tell me that he enjoyed showing the column to his colleagues, Judges Posner and Easterbrook, as evidence that at least someone thought that he was as smart and talented as they were.

After my visit to Milwaukee in May 2007, Judge Evans and I would occasionally speak by phone or exchange emails, typically when one of our favorite sports teams was in the playoffs or nearing a milestone. He and I last corresponded not too long ago when I wrote to congratulate him on switching to senior status and to hope that he would perhaps get to spend more time with the grandkids as a result. U.S. Circuit Judge Terence T. Evans was a wonderful judge and an even better person. He will be missed.
Posted at 12:20 PM by Howard Bashman



"Pa. judge gets 28 years in 'kids for cash' case": The Associated Press has this report.
Posted at 10:39 AM by Howard Bashman


"Ciavarella to be sentenced today": This article appears today in The Scranton Times-Tribune.

The Citizens' Voice of Wilkes-Barre, Pennsylvania reports today that "Presiding judge's responses to letters prompt questions."

And The Times Leader of Wilkes-Barre contains an article headlined "Parents: Give him the max."
Posted at 08:40 AM by Howard Bashman



Wednesday, August 10, 2011

"MSU study: Low-income earners 30 percent less likely to have cases heard by U.S. Supreme Court." MLive.com has this report.

And Michigan State University today issued a news release headlined "Prisoners: Want to be heard? Get a good lawyer."
Posted at 11:04 PM by Howard Bashman



"Arizona appeals immigration ruling to Supreme Court; Gov. Jan Brewer is seeking a ruling to revive the state's controversial immigration law, SB 1070": David G. Savage will have this article Thursday in The Los Angeles Times.

The Arizona Republic has a news update headlined "Brewer files appeal with U.S. Supreme Court over immigration law."

And Howard Fischer of The Arizona Daily Star has a news update headlined "Arizona appeals to US justices on SB 1070.
Posted at 10:42 PM by Howard Bashman



"Prison officials should be able to force meds on Loughner, prosecutors say": The Arizona Daily Star has a news update that begins, "Whether an inmate is awaiting trial or has been convicted of a crime, prison officials still have the right to medicate them to reduce their dangerousness, federal prosecutors argued in a brief Wednesday in the Tucson shooting spree case."

The brief that the federal government has filed in the U.S. Court of Appeals for the Ninth Circuit should soon be freely available via this link.
Posted at 10:17 PM by Howard Bashman



"Another round in Ten Commandments fight hits Fla." The Associated Press has this report.

And in earlier coverage, The Ledger of Lakeland, Florida last month published an article headlined "Judge: 10 Commandments Monument Must Move; Granite monument violates the separation of church and state."
Posted at 05:36 PM by Howard Bashman



"Airline Pilots Allowed to Dodge Security Screening": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 05:28 PM by Howard Bashman


"Brewer asks court to hear immigration law appeal": The Associated Press has a report that begins, "Arizona Gov. Jan Brewer filed an appeal with the U.S. Supreme Court in a bid to overturn a ruling that put on hold key parts of the state's immigration enforcement law."

And at "SCOTUSblog," Lyle Denniston has a post titled "Arizona appeals on alien control law." You can access the petition for writ of certiorari at this link.
Posted at 05:15 PM by Howard Bashman



"Exxon Wants Rehearing In Corporate Liability Dispute": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Lawyers for Exxon Mobil Corp. have asked the full U.S. Court of Appeals for the D.C. Circuit to reject a panel decision that exposed the oil giant to corporate liability for alleged atrocities in Indonesia."

You can access the rehearing petition at this link. My earlier coverage of the divided three-judge D.C. Circuit panel's ruling appears here and here.
Posted at 03:27 PM by Howard Bashman



"Ariz. governor on deadline for immigration appeal": The Associated Press has a report that begins, "Arizona Gov. Jan Brewer faces a Wednesday deadline for asking the U.S. Supreme Court to accept her appeal of a ruling that put on hold key parts of the state's immigration enforcement law."
Posted at 08:46 AM by Howard Bashman


Tuesday, August 9, 2011

"$10 fee at Colorado's Mount Evans, site of highest paved highway, upheld by federal court": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:00 PM by Howard Bashman


"U.S. appeals court reverses self on rights warning": Reuters has a report that begins, "Reasoning that the law regarding Miranda rights changed following a 2010 Supreme Court decision, a U.S. appeals court on Monday reversed itself in a case involving a suspect's statements to the police."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:22 AM by Howard Bashman



First Name Unknown; Last Name Unknown: The U.S. Court of Appeals for the Second Circuit today issued its ruling in a case captioned United States v. FNU LNU.
Posted at 10:23 AM by Howard Bashman


"The 3rd Circuit's Report Card From the U.S. Supreme Court -- Part II." Today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contains this month's installment of my "Upon Further Review" column.

Last month's installment, which was part one of this two-part series, can be accessed here.

In somewhat related news, I'll be at the Philadelphia headquarters of the U.S. Court of Appeals for the Third Circuit this afternoon to take part in an appellate mediation.
Posted at 09:52 AM by Howard Bashman



"District May Be Liable in Student's Sexual Assault, Court Rules": At the "School Law Blog" of Education Week, Mark Walsh has this post reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued last Friday.

And in other coverage, The Associated Press has a report headlined "Suit: Girl was checked out of Miss. school, raped."
Posted at 09:44 AM by Howard Bashman



"Democrats Challenging Administration on Medicaid": The New York Times today contains an article that begins, "In an unusual break with the White House, the Democratic leaders of Congress told the Supreme Court on Monday that President Obama was pursuing a misguided interpretation of federal Medicaid law that made it more difficult for low-income people to obtain health care."
Posted at 09:38 AM by Howard Bashman


"Appeal of prayer ruling OK'd": Today's edition of The Winston-Salem Journal contains an article that begins, "The Forsyth County Board of Commissioners voted 6-1 Monday night to ask the U.S. Supreme Court to reverse a lower court ruling that bans sectarian prayers at the commissioners' board meetings."
Posted at 09:37 AM by Howard Bashman


"Strong Opinions -- This year's biggest surprise at the Supreme Court: Elena Kagan's prose." Law professor Jeffrey Rosen has this article (pass-through link) in the August 18, 2011 issue of The New Republic.
Posted at 09:33 AM by Howard Bashman


"Bonds' lawyers: Rambling is not a federal offense." The Associated Press has this report.
Posted at 09:20 AM by Howard Bashman


"S.F. gay married couple loses immigration battle": Carolyn Lochhead has this article today in The San Francisco Chronicle.
Posted at 09:18 AM by Howard Bashman


Monday, August 8, 2011

"Unabomb auction checks being sent to Kaczynski's victims": The Sacramento Bee has this blog post today.
Posted at 11:20 PM by Howard Bashman


"Challenge to Deportation Rests on Government's Word": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:11 PM by Howard Bashman


"Federal torture suit against Rumsfeld clears hurdle in Chicago appeals court; Whistle-blowers seek undisclosed damages from former defense secretary": This article will appear Tuesday in The Chicago Tribune.

Warren Richey of The Christian Science Monitor reports that "Appeals court allows US citizens' torture suit against Rumsfeld; The judges ruled 2-to-1 that two US citizens can bring a civil suit against former Defense Secretary Donald Rumsfeld for their alleged torture while they were held in a US military prison in Iraq in 2006."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Damages: An appeals court allows a suit against Donald Rumsfeld to go forward."

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 10:08 PM by Howard Bashman



"Court Upholds Ban On Foreign Citizens Donating To Candidates": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Court upholds ban on foreign donations to U.S. campaigns."

And at his "Election Law Blog," Rick Hasen has a post titled "Three-Judge Court Upholds Ban on Foreign Nationals' Contributions and Expenditures."

D.C. Circuit Judge Brett M. Kavanaugh is the author of today's three-judge ruling of the U.S. District Court for the District of Columbia.
Posted at 06:02 PM by Howard Bashman



"Judge allows American to sue Rumsfeld over torture": The Associated Press issued this report last Thursday.

The identical headline, however, could describe the ruling that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

Update: Bloomberg News reports that "Rumsfeld Must Face Suit by Two Americans Held in Iraq, Appeals Court Says."

Reuters reports that "Court allows torture lawsuit against Rumsfeld."

And The Associated Press, in coverage of today's ruling, reports that "Court upholds torture lawsuit against Rumsfeld."
Posted at 01:16 PM by Howard Bashman



Sunday, August 7, 2011

"California Supreme Court pick Liu accustomed to hot seat": Howard Mintz will have this article Monday in The San Jose Mercury News.
Posted at 10:52 PM by Howard Bashman


"Elena Kagan's First Year on Supreme Court Shows Judge With Chutzpah": The Harvard Crimson has this report.
Posted at 10:45 PM by Howard Bashman


"Dead people can't be sued for punitive damages, justices say": This article appeared yesterday in The Des Moines Register.

You can access Friday's ruling of the Supreme Court of Iowa at this link.
Posted at 11:03 AM by Howard Bashman



"Newly renovated Supreme Court building beautiful, but costly": The Oklahoman contains this article today.
Posted at 11:00 AM by Howard Bashman


"US olim want 'Israel' on passport of their J'lem-born son; Despite law passed in 2002 allowing Jerusalem-born US citizens to list Israel as birthplace, policy hasn't been implemented": This article appeared recently in The Jerusalem Post.

And The New York Sun has a report headlined "Jerusalem Case at Supreme Court May Pit White House Web Site Against the President."
Posted at 10:42 AM by Howard Bashman



"Breyer urges lawyers to teach civility": Reuters has this report.
Posted at 10:40 AM by Howard Bashman


"A matter of opinion: Judges, attorneys differ on sectarian prayer ruling." This article appears today in The Winston-Salem Journal.
Posted at 10:38 AM by Howard Bashman


"For Obama, a Record on Diversity but Delays on Judicial Confirmations": John Schwartz has this article today in The New York Times.
Posted at 10:32 AM by Howard Bashman


"Under the U.S. Supreme Court: Race-based affirmative action in peril." Michael Kirkland of UPI has this report.
Posted at 10:22 AM by Howard Bashman


Saturday, August 6, 2011

"U.S. appeals court upholds transgender ruling; Banning hormone therapy for Wisconsin inmates called unconstitutional": This article appears today in The Milwaukee Journal Sentinel.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 01:25 PM by Howard Bashman



"Airline passengers can sue if deals are revoked": In today's edition of The San Francisco Chronicle, Bob Egelko has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 01:22 PM by Howard Bashman


"The Supreme Court's Painful Season": Emily Bazelon will have this essay in tomorrow's issue of The New York Times Magazine.
Posted at 01:20 PM by Howard Bashman


Friday, August 5, 2011

"Transit agency loses appeal on ads": The Pittsburgh Tribune-Review has a news update that begins, "The Port Authority of Allegheny County's refusal to run ads on its buses telling convicted felons of their voting rights likely will end up costing the agency more than $500,000."

And The Pittsburgh Post-Gazette has a news update headlined "Court rules against Port Authority's ban on political ad."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:46 PM by Howard Bashman



"Accused Underpants Bomber Wants Trial Moved": Bloomberg News has this report.

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Abdulmutallab wants trial moved, statements suppressed."
Posted at 10:42 PM by Howard Bashman



"Court: Indian River prayers violate Constitution." Sean O'Sullivan of The News Journal of Wilmington, Delaware has a news update that begins, "The U.S. 3rd Circuit Court of Appeals reversed a lower-court ruling today and determined that the Indian River School District's practice of opening its board meetings with an explicitly Christian prayer is unconstitutional."

And The Associated Press reports that "Appeals court rejects Del. school board prayer."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:38 PM by Howard Bashman



"GOP devotion to states' rights tripping some Republicans; Some Republicans, like possible 2012 contender Rick Perry, are having a hard time reconciling their reverence for the 10th Amendment and their desire to federally ban abortion and same-sex marriage": This article will appear Saturday in The Los Angeles Times.
Posted at 10:30 PM by Howard Bashman


"Feds warn court: don't leak about NSA wiretapping." At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post that begins, "The Justice Department is warning a federal appeals court not to disclose classified information about the National Security Agency's domestic surveillance programs during upcoming arguments on a lawsuit challenging the NSA's effort."
Posted at 03:42 PM by Howard Bashman


Seventh Circuit affirms federal district court's decision invalidating Wisconsin statute prohibiting prison doctors from prescribing hormone treatment to transgender inmates: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

The district court's opinion in the case can be accessed here.
Posted at 01:28 PM by Howard Bashman



"Potential jurors shouldn't be dismissed for being gay, court told; An appellate panel hears arguments in an assault case against a gay inmate in which a lesbian was dismissed during jury selection; Defense lawyers want the panel to consider constitutional issues": Carol J. Williams has this article today in The Los Angeles Times.

You can access yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link. The panel consisted of Circuit Judges Stephen Reinhardt, Kim McLane Wardlaw, and Marsha S. Berzon.
Posted at 01:11 PM by Howard Bashman



By a vote of 8-to-4, en banc Federal Circuit rejects application of "discovery rule" to toll statute of limitations for injury claims arising under federal Vaccine Act: You can access today's en banc ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:06 PM by Howard Bashman


Thursday, August 4, 2011

"Sacred Sessions: Why can't we just vote on whether we pray to Jesus at county board meetings?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:00 PM by Howard Bashman


By a vote of 3-to-3, the U.S. Court of Appeals for the First Circuit denies rehearing en banc of lawsuit in which U.S. citizen-residents of Puerto Rico seek the right to vote for a Representative to the U.S. House of Representatives: You can access today's order denying rehearing en banc, and the opinions concurring in and dissenting from that order, at this link. The dissenting opinions devote a great deal of discussion to the standards for deciding whether a case qualifies for en banc review.

My earlier coverage of the original three-judge panel's ruling can be accessed here.
Posted at 10:48 PM by Howard Bashman



"Appeals Court: 'It's Going To Get Ugly' Was Not A Threat." At "The BLT: The Blog of Legal Times," Mike Scarcella has this post reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 10:26 PM by Howard Bashman


"Appeals court here forces truce in 'rum war'": The Philadelphia Daily News has this update.

Bloomberg News reports that "Bacardi's 'Havana Club' Rum Name Not False Advertising, Appeals Court Says."

Reuters reports that "Pernod loses US appeal on Bacardi Havana Club rum; No false advertising in Bacardi's Havana Club rum label; Pernod mulls options, may appeal."

And the South Florida Business Journal has an article headlined "Appeals court: 'Havana Club' doesn't mean 'made in Cuba.'"

Circuit Judge Kent A. Jordan wrote today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit.
Posted at 10:16 PM by Howard Bashman



"Justice Breyer offers perspective as Tunisia prepares to design a constitution": Harvard Law School has issued this news release.
Posted at 05:03 PM by Howard Bashman


"Court to reconsider Ahmed Ressam's sentence in millennium plot": The Seattle Times contains this article today.

My earlier coverage of Tuesday's Ninth Circuit order granting rehearing en banc can be accessed here.
Posted at 10:02 AM by Howard Bashman



"Obama Gets High Marks For Diversifying The Bench": This audio segment (transcript with link to audio) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:55 AM by Howard Bashman


Wednesday, August 3, 2011

"Wone family settles $20 million lawsuit against three former D.C. roommates": The Washington Post has this news update.
Posted at 11:36 PM by Howard Bashman


"U.S. District Judge Bernice Donald faces confirmation vote on Sept. 6": The Memphis Commercial Appeal has this news update.
Posted at 04:22 PM by Howard Bashman


"Settlement Announced In Robert Wone Wrongful Death Suit": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

Update: David Ingram of "The BLT: The Blog of Legal Times" has a follow-up post titled "Wone's Widow Explains the Decision to Settle."
Posted at 04:02 PM by Howard Bashman



"Judge Denies Komisarjevsky's Request To Make Statement; Defendant In Cheshire Home Invasion Case Asked To Respond To Petit Family's Characterizing Him As 'Evil'": The Hartford Courant has this news update.

The trial court's ruling can be accessed here.
Posted at 03:50 PM by Howard Bashman



"Third Circuit affirms dismissal in New Jersey Physicians v. President": Brad Joondeph has this post at his "aca litigation blog" reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 03:20 PM by Howard Bashman


"In this appeal, we once again consider a request by Perfect 10, Inc. for a preliminary injunction against Google, Inc." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Eric Goldman previously had this post about the district court's ruling in the case.
Posted at 01:32 PM by Howard Bashman



"Obama Looking at Munger, Tolles Partner for 9th Circuit Seat": This article (subscription required), about attorney Paul J. Watford, appears today in The Recorder.
Posted at 01:18 PM by Howard Bashman


"The Mechanics of Federal Appeals: Uniformity and Case Management in the Circuit Courts." Marin K. Levy has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 01:14 PM by Howard Bashman


"Justice Kagan speaks of life on the highest court; Newest justice describes peers as 'warm, collegial'": This article appears today in The Aspen Times.

The Aspen Daily News reports that "Kagan reflects on first year as Supreme Court justice."

And The Associated Press reports that "Justice Kagan mum about new health care law."
Posted at 10:05 AM by Howard Bashman



"Health Care Law: Two Eagerly Anticipated Rulings Expected This Summer." Ariane de Vogue of ABC News has this report.
Posted at 10:00 AM by Howard Bashman


"Discipline Upheld Over Student's Instant-Messaging Threats": At the "School Law" blog of Education Week, Mark Walsh has this post reporting on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued on Monday.
Posted at 09:58 AM by Howard Bashman


Ninth Circuit grants rehearing en banc to decide whether convicted "Millennium bomber" Ahmed Ressam's sentence was too light: You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

The ruling of a divided three-judge panel, whose majority ordered resentencing and reassignment of the case to a different district judge, can be accessed here. My earlier coverage of that ruling appears here and here.
Posted at 09:54 AM by Howard Bashman



"Religious clubs not entitled to funds, court says": Bob Egelko has this article today in The San Francisco Chronicle.

And Greg Moran of The San Diego Union-Tribune reports that "Court rejects religious groups' appeal of SDSU policy."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:44 AM by Howard Bashman



Tuesday, August 2, 2011

"Federal appeals court vacates ruling on Hazleton case": The Standard Speaker of Hazleton, Pennsylvania has a news update that begins, "The U.S. Third Circuit Court of Appeals vacated a mandate that declares Hazleton's immigration ordinances unconstitutional, the mayor confirmed Tuesday."
Posted at 10:50 PM by Howard Bashman


"Court freezes proceeds of Hicks book": The Sydney Morning Herald has a news update that begins, "The NSW Supreme Court has frozen assets relating to the sale of a revealing book by former Guantanamo Bay detainee David Hicks as Commonwealth prosecutors attempt to seize all proceeds from the sale of the book."
Posted at 10:48 PM by Howard Bashman


"President Obama Nominates Judge Adalberto Jose Jordan to the United States Court of Appeals": The White House has issued a news release that begins, "Today, President Obama nominated Judge Adalberto Jose Jordan to the United States Court of Appeals for the Eleventh Circuit."
Posted at 06:25 PM by Howard Bashman


"Prostitution found at Argentine justice's property": The Associated Press has this report.
Posted at 04:55 PM by Howard Bashman


"Chafee granted full-party status in Pleau appeal": Today's edition of The Providence (R.I.) Journal contains an article that begins, "A three-judge panel of the 1st U.S. Circuit Court of Appeals on Monday granted Governor Chafee's bid to become a full party in an accused murderer's appeal of a court order demanding that the state surrender him to federal custody."
Posted at 01:24 PM by Howard Bashman


"Notice for Drivers of Electric Vehicles": The U.S. Court of Appeals for the Ninth Circuit recently posted this notice online.
Posted at 01:20 PM by Howard Bashman


Perhaps this is why you cannot currently access the web site of the U.S. Court of Appeals for the D.C. Circuit: At "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Power Out in D.C. Federal Court."

Now that Congress has voted to raise the debt ceiling, power should be restored sometime soon.
Posted at 01:06 PM by Howard Bashman



"Four on board back prayer appeal": Today's edition of The Winston-Salem Journal contains an article that begins, "A majority of Forsyth County commissioners say they favor appealing a high court's ruling last week that bans Christian prayers at the start of board meetings."

My earlier coverage of last Friday's Fourth Circuit ruling appears at this link.
Posted at 08:42 AM by Howard Bashman



"Montana Court Says Pitcher Needed Warning About Aluminum Bat": Daniel Fisher has this post at his "Full Disclosure" blog at Forbes.com.

My earlier coverage of the ruling appears at this link.
Posted at 08:40 AM by Howard Bashman



"DA wants special prosecutor picked for court altercation; Special prosecutor would decide whether to file charges against justices": The Milwaukee Journal Sentinel contains this article today.

And Bloomberg News reports that "Wisconsin District Attorney Wants Prosecutor to Review High-Court Incident."
Posted at 08:35 AM by Howard Bashman



"Chief justice 'breaks' his family vacation rule, speaks in Maine; Justice Roberts takes time away from his family to speak at a Cleaves law library function in Portland": This article appears today in The Portland Press Herald.
Posted at 08:32 AM by Howard Bashman


"SEC Suit Against Gabelli Reinstated by U.S. Appeals Court": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 08:22 AM by Howard Bashman


Monday, August 1, 2011

"NTP Wins Court Ruling on 7 Patents From Apple, AT&T Cases": Bloomberg News has this report on two rulings that the U.S. Court of Appeals for the Federal Circuit issued today. You can access the rulings here and here.
Posted at 02:30 PM by Howard Bashman


"Appeals court tosses insurance fraud convictions": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 02:07 PM by Howard Bashman


"Komisarjevsky Objects To 'Pure Evil' Comment; Says He's 'Damaged Human Being,' Not 'Embodiment Of Evil'": The Hartford Courant has a news update that begins, "Joshua Komisarjevsky, accused of the 2007 Cheshire home invasion killings, wants to respond to comments made by the lone survivor of the attack, Dr. William Petit Jr."

The newspaper has posted a copy of the defendant's motion at this link.
Posted at 11:24 AM by Howard Bashman



"S.C. mourns death of civil-rights 'giant'; Federal judge, 89, found dead at his Columbia home": Today's edition of The State of Columbia, South Carolina contains an obituary that begins, "U.S. District Judge Matthew J. Perry, a towering civil rights figure who used intellect, hard work and courage to end segregation in South Carolina and usher in a more just society, was found dead at his home on Sunday. He would have turned 90 this week."

And The Associated Press reports that "Civil rights lawyer, federal judge Perry dies."
Posted at 11:17 AM by Howard Bashman



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