How Appealing



Friday, March 7, 2008

“Anthrax Reporter Held in Contempt”: Pete Yost of The Associated Press provides a report that begins, “A federal judge held a former USA Today reporter in contempt of court Friday and ordered her to pay up to $5,000 a day if she refuses to identify her sources for stories about a former Army scientist under scrutiny in the 2001 anthrax attacks.”

You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 11:33 PM by Howard Bashman



“When Should a Judge Face Discipline for What an Opinion Says?” The May 14, 2007 installment of my “On Appeal” column for law.com began, “Earlier this month, the Investigative Panel of the Florida Judicial Qualifications Commission issued formal disciplinary charges against an appellate judge serving on Florida’s 1st District Court of Appeal based on statements contained in a concurring opinion the judge had issued in the course of deciding a case on appeal.”

Just two days ago, Special Counsel for Florida’s Judicial Qualifications Commission filed its trial memorandum in that judicial disciplinary proceeding, and you can access that trial memorandum at this link.

Attorneys for the judge who is the subject of the disciplinary proceeding filed their pretrial memorandum last week. It describes the proceeding as “the first time in Florida history that an appellate judge has been charged with misconduct based on his written and published opinion.”

Posted at 8:32 AM by Howard Bashman



“A true story could cost newspaper $18-million; The high court mulls a ‘false light’ ruling”: The St. Petersburg Times today contains an article that begins, “Florida’s free press could be paralyzed if the courts affirm an $18-million judgment against the Pensacola News Journal for publishing a true story about a man who shot and killed his wife while a divorce was pending. That was the claim from Robert C. Bernius, a Washington lawyer arguing Thursday before the Florida Supreme Court for the newspaper in a case with important consequences for Florida journalism.”

And The Tallahassee Democrat reports today that “‘False light’ cases get day in court; Justices weigh merit of lawsuits against media.”

Yesterday, the Supreme Court of Florida heard oral argument in the cases captioned Jews for Jesus, Inc. v. Edith Rapp and Joe Anderson, Jr. v. Gannett Co., Inc.

In the Jews for Jesus case, you can access the briefs via this link. And you can view the oral argument online using either RealPlayer or Windows Media Player.

In the Anderson case, you can access the briefs via this link. And you can view the oral argument online using either RealPlayer or Windows Media Player.

Posted at 8:22 AM by Howard Bashman



“What Judges Look for in Law Clerks”: Former U.S. District Judge Paul Cassell has this post at “The Volokh Conspiracy.”

Posted at 8:00 AM by Howard Bashman



“Justice Scalia’s Two-Front War: Despite lip service to ‘judicial restraint’ Scalia has been waging a war against consumer product regulation as well as protections for workers, at both the state and federal level.” Simon Lazarus and Harper Jean Tobin have this essay online at The American Prospect.

Posted at 7:54 AM by Howard Bashman



“Lawsuit over book on sex blog on DeWine staffer can continue”: The Associated Press provides a report that begins, “A former staffer of then-U.S. Sen. Mike DeWine of Ohio can continue his lawsuit against a publisher that released a 2005 book based on an online sex diary that included the staffer as fodder, a federal appeals court ruled Thursday.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 7:45 AM by Howard Bashman



“Pa. Supreme Court Hears Arguments in Removal Action Against Judge; Arguments mark judge’s second visit to state high court to face a challenge to her office”: law.com provides a report that begins, “Philadelphia Municipal Court Judge Deborah S. Griffin’s use of a false Social Security number to obtain credit card accounts doesn’t rise to the level of an infamous crime that would disqualify her from holding office, her attorney argued Wednesday before the Pennsylvania Supreme Court.”

Posted at 7:42 AM by Howard Bashman