How Appealing



Wednesday, March 5, 2014

“Massachusetts Supreme Judicial Court: Upskirt photos not illegal under state law.” Garrett Quinn of The Republican of Springfield, Massachusetts has this news update, along with news updates headlined “Massachusetts legislature must revamp upskirting laws, says Suffolk DA Dan Conley, Senate President Therese Murray” and “House Speaker Robert DeLeo vows to work to update state law after SJC’s ruling on upskirt photos,”

The Boston Herald has a news update headlined “High court rules ‘upskirt’ photos legal in Massachusetts.”

The Boston Globe has a news update headlined “Speaker DeLeo vows to fix law after ruling says ‘upskirting’ — shooting a picture under a woman’s dress — is legal.”

And The Associated Press has a report headlined “Mass. court: Subway ‘upskirt’ photos not illegal.”

You can access today’s ruling of the Supreme Judicial Court of Massachusetts at this link.

This blog’s earlier coverage of the oral argument of this appeal, which includes a link to the video of the oral argument, can be accessed here.

Posted at 5:38 PM by Howard Bashman



“Supreme Court Appears Ready to Rule for Police in Deadly Car Chase; Qualified immunity will likely be extended to officers who used deadly force”: Damon Root has this essay today at Reason.com.

Posted at 5:09 PM by Howard Bashman



“The Senate’s Hierarchy of Victimhood”: Jesse Wegman has this post today at the “Taking Note” blog of The New York Times, wherein he asks, “Under the new hierarchy of victimhood that today’s vote appears to establish, is it safe to assume that if one of [John Errol] Ferguson’s victims had been a cop, John Roberts would not now be on the Supreme Court?”

Posted at 5:06 PM by Howard Bashman



“At Halliburton argument, justices show little appetite for killing Basic”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 4:23 PM by Howard Bashman



“With billions at stake, U.S. court weighs Madoff clawback claims; Appeals court reviews clawbacks from Madoff customers; Trustee seeks 6-year window for recovering money”: Jonathan Stempel of Reuters has this report.

Posted at 2:40 PM by Howard Bashman



USA v. Andrew Auernheimer to be argued before a three-judge panel of the U.S. Court of Appeals for the Third Circuit on Wednesday, March 19, 2014: The three-judge panel assigned to hear and decide the appeal will consist of Circuit Judges Michael A. Chagares, Joseph A. Greenaway, Jr., and Thomas I. Vanaskie. The Third Circuit posts oral argument audio online, so I will link to the audio of this oral argument after it occurs.

Electronic Frontier Foundation has this page providing access to appellate filings in the case.

Posted at 12:57 PM by Howard Bashman



“U.S. High Court Seeks Middle Ground on Shareholder Suits”: Greg Stohr and Jef Feeley of Bloomberg News have this report.

Lawrence Hurley of Reuters reports that “U.S. justices searching for middle ground in major securities case.”

The Associated Press reports that “Court weighs class-action securities suits change.”

And Richard Wolf of USA Today reports that “Supreme Court seeks compromise in securities fraud case; Landmark 1988 opinion that allowed class action lawsuits based on investors’ trust in market prices teeters, but may not be toppled.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317.

Posted at 12:46 PM by Howard Bashman



“TPM Interview: Why Kentucky’s Attorney General Refuses To Defend His State’s Anti-Gay Law.” Sahil Kapur of TPM DC has this report today.

Posted at 11:33 AM by Howard Bashman



“Court Backs Whistleblower Protection for Private Contractors; Supreme Court Says Sarbanes-Oxley Law Applies in Fidelity Case”: Brent Kendall has this article today in The Wall Street Journal.

Posted at 10:24 AM by Howard Bashman



Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Rosemond v. United States, No. 12-895. Justice Antonin Scalia joined in the majority opinion with the exception of two footnotes. And Justice Samuel A. Alito, Jr. issued an opinion concurring in part and dissenting in part, in which Justice Clarence Thomas joined. You can acces the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in BG Group plc v. Republic of Argentina, No.12-138. Justice Sonia Sotomayor issued an opinion concurring in part. And Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion of the Court in Lozano v. Montoya Alvarez, No. 12-820. Justice Alito issued a concurring opinion, in which Justices Breyer and Sotomayor joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Justices order new look at Utah gun conviction“; “Court upholds $185 million award against Argentina” and “High court sides with parent who fled with child.”

Lawrence Hurley of Reuters reports that “U.S. top court rules against Argentina in arbitration fight.”

And Greg Stohr of Bloomberg News reports that “BG Wins as Court Restores $185 Million Argentina Award.”

Posted at 10:05 AM by Howard Bashman



“Court weighs securities fraud class-action cases”: The Associated Press has this report.

Richard Wolf of USA Today reports that “Supreme Court case may limit securities fraud suits; A majority of justices are expected to side with companies that want to reduce their exposure to class action claims, but a 1988 precedent stands in the way.”

At WSJ.com’s “Law Blog,” Jacob Gershman has a post titled “For Class Action Defense Lawyers, A Supreme Court Win May Come at a Price.”

In commentary, online at Slate, Chanakya Sethi has a jurisprudence essay titled “The Gift of Halliburton: Will a case against the company kill shareholder lawsuits at the Supreme Court?

And at Bloomberg View, Jonathan Weil has an essay titled “A Semi-Defense of the Efficient-Market Hypothesis.”

Posted at 8:00 AM by Howard Bashman