How Appealing



Wednesday, March 4, 2009

“Court worried about big penalty for phone buyer”: Jesse J. Holland of The Associated Press has this report on a case argued today before the U.S. Supreme Court.

You can access the transcript of today’s oral argument in Abuelhawa v. United States, No. 08-192, at this link.

Posted at 2:50 PM by Howard Bashman



“Gertner having second thoughts on Tenenbaum webcast order; invites motion for reconsideration”: Ben Sheffner has this post today at his “Copyrights & Campaigns” blog.

Posted at 2:30 PM by Howard Bashman



“Death by firing squad may not be an option in Idaho if bill passes; Idaho’s attorney general hopes to avoid potential appeals that could delay executions under the death penalty law”: This article appears today in The Idaho Statesman.

Posted at 11:54 AM by Howard Bashman



“Supreme Court rules patients can sue drug makers; The justices, acting in a Vermont case, reject the Bush administration’s contention that drug companies should be shielded from lawsuits if their products were approved by the FDA”: David G. Savage of The Los Angeles Times has this news update.

Posted at 11:52 AM by Howard Bashman



“Court allows drug label lawsuit”: Lyle Denniston has this post at “SCOTUSblog.” Lyle’s post begins, “The Supreme Court, voting 6-3, ruled that federal approval of labels giving warnings about effects of drugs does not bar lawsuits under state law claiming inadequate warnings.”

You can access today’s ruling of the U.S. Supreme Court in Wyeth v. Levine, No. 06-1249, at this link. Justice John Paul Stevens delivered the opinion of the Court, in which Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. Justice Breyer also filed a concurring opinion. Justice Clarence Thomas filed an opinion concurring in the judgment. Justice Samuel A. Alito, Jr. filed a dissenting opinion, in which the Chief Justice and Justice Antonin Scalia joined.

You can access the oral argument transcript at this link.

In early news coverage, Mark Sherman of The Associated Press reports that “Supreme Court rejects limits on drug lawsuits.”

Greg Stohr of Bloomberg News reports that “Wyeth, Drugmakers Lose as Top U.S. Court Allows Suits.”

And Reuters reports that “US top court rules against Wyeth in liability case.”

Posted at 10:08 AM by Howard Bashman



“Justices Hear Arguments on Money-Court Nexus”: Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that “Justices Consider When a Judge Should Bow Out; Case Involves Campaign Contributor With Business Before Recipient’s Court.”

In USA Today, Joan Biskupic reports that “High court weighs when judges should step aside; Expresses support for standard tied to appearance of bias.”

In The Wall Street Journal, Jess Bravin reports that “High Court Split Over Case on Judicial Ethics.”

The Pittsburgh Post-Gazette reports that “Supreme Court hears W.Va. recusal case; Should standard be established for judicial campaign contributions?

The Charleston (W. Va.) Gazette reports that “Justices clash over Benjamin case; Supreme Court debates fairness, campaign money.”

The Charleston (W. Va.) Daily Mail reports that “Manchin wants to examine court system.”

law.com’s Tony Mauro reports that “Supreme Court Justices Appear Ready to Set Recusal Rules.”

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled “Cash Bar: The Supreme Court ponders when your right to a fair trial collides with their right to be divine.”

Posted at 8:07 AM by Howard Bashman



“California Supreme Court may reveal stance on Prop. 8 on Thursday; The hearing will be televised; demonstrations are planned statewide; The justices will rule on whether to uphold the gay-marriage ban and the marriages of an estimated 18,000 same-sex couples”: Maura Dolan has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko has an article headlined “Prop. 8 hearing: majority vote, minority rights.”

Posted at 7:55 AM by Howard Bashman