How Appealing

Thursday, March 17, 2011

Seventh Circuit reverses entry of summary judgment in favor of the City of Chicago in civil rights class action suit filed by protesters against the Iraq war: Circuit Judge Richard A. Posner wrote the opinion for a unanimous three-judge panel. The opinion features two Google Maps images.

Judge Posner offers this practice pointer for appellate advocates:

We'll state the facts as favorably to the plaintiffs as the record permits, as we must given the procedural posture. The statements of facts in the defendants' briefs present the evidence they'd like a jury to accept, rather than just the evidence that, being unrefuted or irrefutable, provides a permissible basis for a grant of summary judgment. Such a mode of presentation is unhelpful to the court.
No doubt it pains many advocates to actually set forth the evidence in the light most favorable to the opposing party in an appellate brief, but failing to do so (when it is necessary to do so under the applicable standard of review) can inflict real harm on your own client's chances of prevailing on appeal.
Posted at 02:37 PM by Howard Bashman


"From Shady to Dark: One Year Later, Shady Grove's Meaning Remains Unclear." Attorneys Jack E. Pace III and Rachel J. Feldman have this interesting article in the Spring 2011 issue of Antitrust magazine, a publication of the American Bar Association.
Posted at 11:54 AM by Howard Bashman


"Supreme Court Lecture Recalls Amish School Case": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 10:28 AM by Howard Bashman


"Pennsylvania - New Important Allocatur Grant": This post appears today at the "Drug and Device Law" blog. My most recent earlier coverage appears at this link.
Posted at 10:26 AM by Howard Bashman


"TriMet loses free speech case over bus, train ads -- again": Today's edition of The Oregonian contains an article that begins, "Atheism. Booze. Sex. Charlie Sheen reruns. Political agendas. Anyone selling anything can keep plastering TriMet buses and MAX trains with ads, despite the transit agency's objections."

You can access yesterday's ruling of the Oregon Court of Appeals at this link.
Posted at 08:36 AM by Howard Bashman



"Let judicial candidates speak freely": This editorial appears today in The Las Vegas Review-Journal.

And in somewhat related commentary, today's edition of The Kansas City Star contains an editorial entitled "Stop political takeover of judicial selection in Kansas."
Posted at 08:34 AM by Howard Bashman



"SF lesbian wife's benefits denial upheld by judge": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge refused Wednesday to order the government to provide insurance benefits to the wife of a lesbian court employee in San Francisco, coverage the Obama administration has denied because of a law the president considers unconstitutional."

Dan Levine of Reuters reports that "Lesbian U.S. employee set back in benefits fight."

And The Recorder reports that "Court Employee Loses Bid to Get Spousal Benefits."

Lambda Legal has issued a news release titled "Judge Dismisses Federal Family Benefits Case, Invites Lambda Legal to File New DOMA Complaint" and has posted yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 08:15 AM by Howard Bashman



"No jurors seated on Day 1 of Komisarjevsky proceedings as many admit to having strong emotions about the case": The New Haven Register contains this article today.

And The Hartford Courant reports today that "No One Picked In 1st Day Of Jury Selection In Cheshire Trial; Komisarjevsky's Appearance So Changed, Prosecutor Didn't Recognize Him."
Posted at 08:00 AM by Howard Bashman



"Executions in Doubt in Fallout Over Drug": This article appears today in The New York Times.

Today in The Atlanta Journal-Constitution, Bill Rankin reports that "Executions on hold for now in Georgia."

And The Houston Chronicle reports that "Texas to change death cocktail for condemned inmates."
Posted at 07:50 AM by Howard Bashman







Related Blogs