How Appealing



Monday, March 3, 2008

Available online from law.com: Tony Mauro has an article headlined “At Issue in ‘Exxon’ Case: How Decisive Is Stare Decisis? Justice Breyer’s opinion in the ‘Sand’ case may play a big role in how the Court decides the suit against the oil giant.”

An article reports that “Feds Ordered to Try Again on Bonds Perjury Indictment.”

And this week’s installment of my “On Appeal” column is headlined “Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court.”

Posted at 11:17 PM by Howard Bashman



Following an answer from New York State’s highest court regarding personal jurisdiction in this “libel tourism” challenge, the Second Circuit affirms the dismissal of the lawsuit captioned Ehrenfeld v. Mahfouz: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

My detailed coverage of the Second Circuit’s initial ruling in this appeal, which among other things certified a question to New York State’s highest court, can be accessed here.

In December 2007, the Court of Appeals of New York — that State’s highest court — issued its ruling in response to the certified question. My coverage of that ruling appears in posts you can access here and here.

Posted at 11:57 AM by Howard Bashman



“No new grants; ruling on tax evasion”: Lyle Denniston has this post at “SCOTUSblog.”

The U.S. Supreme Court today issued two decisions in argued cases.

In Warner-Lambert Co. v. Kent, No. 06-1498, a case argued on Monday of last week, the decision under review was affirmed by an equally divided Court. You can access the per curiam affirmance at this link and the oral argument transcript at this link. The folks at the “Drug and Device Law” blog were only off by one vote in their prediction posted yesterday.

The Court’s other ruling in an argued case issued today in Boulware v. United States, No. 06-1509. You can access Justice David H. Souter’s opinion for a unanimous Court at this link and the oral argument transcript at this link.

You can access today’s Order List at this link. Although there were no cases granted review today, the Court did request the views of the Solicitor General’s Office on two cases.

Posted at 10:12 AM by Howard Bashman



“Forget that day in court: Thanks to tort reform, closed-door arbitration instead of courtroom hearings are becoming more common.” Peggy Garrity has this op-ed today in The Los Angeles Times.

Posted at 8:25 AM by Howard Bashman



“Patients’ ability to sue at risk; Justices could shield FDA-backed drugs from suits, as they did for devices; Critics say the agency is fallible”: This article appears today in The Los Angeles Times.

Posted at 8:24 AM by Howard Bashman



“Black, ever hopeful of acquittal, buries the hatchet in old quarrels”: Today’s edition of The Toronto Globe and Mail contains a front page article that begins, “As he prepared to go to jail today, Conrad Black has been making peace with some former foes.” The newspaper also contains a related article headlined “‘Ready for anything that lies ahead’; Asked by e-mail yesterday about rumours that he was on antidepressants, Black replied, ‘Never.’

CBC News reports that “Black set to report to prison; ‘I expect it to be somewhat boring,’ Black says.”

And in The New York Sun, Conrad Black has an op-ed entitled “My Faith in American Justice.”

Posted at 7:54 AM by Howard Bashman



“A Chance to Determine the Fourth Amendment Limits On Search Incident to Arrest: The U.S. Supreme Court Grants Review in Arizona v. Gant.” Sherry F. Colb has this essay online today at FindLaw.

Posted at 7:38 AM by Howard Bashman



“Some crack convicts could soon be set free”: CNN.com provides a report that begins, “New sentencing guidelines were expected to lead Monday to the early release of more than a dozen federal inmates convicted on crack-cocaine charges. Approximately 1,600 federal inmates are currently eligible to ask a court to reduce their sentences because of December’s decision by a federal agency to make retroactive reduced sentences for some crack-cocaine related convictions.”

And Doug Berman, at his “Sentencing Law and Policy” blog, has a post titled “New lower USSC crack guidelines now officially retroactive.”

Posted at 7:34 AM by Howard Bashman