How Appealing



Thursday, March 19, 2015

“AT&T Has to Pay $40 Million Because It Didn’t Read a Document”: Susan Decker of Bloomberg News has this report.

Ryan Davis of Law360.com reports that “Fed. Circ. Says Sidley Blown Deadline Axes $40M AT&T Appeal” (subscription required for full access).

And at his “Patently-O” blog, Dennis Crouch has a post titled “Docket Error Loses AT&T’s $40 Million Appeal.” The “docket error” in question was the CM/ECF system’s failure to fully describe all aspects of an order, the notice of which was emailed on a timely basis to all of AT&T’s attorneys, who apparently all neglected to access the actual order itself, the text of which would have revealed all of the order’s various aspects.

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link.

My earlier post linking to the appellate oral argument audio (9.58 MB mp3 audio file) can be accessed here. As I noted in that earlier post, “[v]eteran appellate advocate Carter G. Phillips argued the appeal for AT&T.”

Posted at 4:23 PM by Howard Bashman



“The Serious, Somber Boston Marathon Bombing Trial: Why we don’t — and shouldn’t — have cameras in federal courtrooms.” Thomas Doherty has this jurisprudence essay online today at Slate.

Of course, as many readers of this blog no doubt already appreciate, the question of whether to allow cameras in a trial court differs significantly from whether to allow cameras to televise appellate oral arguments.

Posted at 4:10 PM by Howard Bashman



“Dems put focus on gay marriage ahead of High Court arguments”: The Detroit News has an article that begins, “Just over a month away from historic oral arguments before the U.S. Supreme Court challenging Michigan’s gay marriage ban, a group of Democratic state lawmakers intends to introduce a package of bills to repeal the 10-year-old state law.”

Posted at 4:02 PM by Howard Bashman



Programming note: I am meeting with trial counsel in a pending appeal this afternoon. As a result, additional posts will appear here late this afternoon.

Posted at 11:20 AM by Howard Bashman



“Hedge Fund Betting on Lawsuits Is Spreading; The U.S. Chamber of Commerce warns of wasteful litigation and corruption”: Paul Barrett of Bloomberg News has this report.

Posted at 9:21 AM by Howard Bashman



“Roberts at 10: Roberts’s Environmental Law Record — It’s Not Good, But Don’t Count Him Out.” Brianne Gorod has this report online at the Constitutional Accountability Center.

Posted at 8:32 AM by Howard Bashman



“The Seventh Circuit Injects Common Sense into Religious Liberty Debates with Official Committee of Unsecured Creditors v. Listecki“: Law professor Marci A. Hamilton has this essay online today at Justia’s Verdict.

Posted at 8:24 AM by Howard Bashman



“What Went Wrong with the FISA Court”: Elizabeth (Liza) Goitein and Faiza Patel have this report online at The Brennan Center.

Posted at 8:22 AM by Howard Bashman



“The Godmother of Gay Marriage: Edie Windsor’s Passionate Life; After her partner Thea Spyer died, Edie Windsor was left with a massive estate tax bill, just because they were gay; Her victorious fight has redrawn the LGBT equality map.” Justin Jones has this essay online at The Daily Beast.

Posted at 8:19 AM by Howard Bashman



“Supreme Court to rule on Loyola’s challenge of province’s religious curriculum”: The Montreal Gazette has this report.

CBC News reports that “Supreme Court to rule today on religious teaching in schools; Montreal’s Loyola High wants to opt out of Quebec’s ethics and religious culture course.”

The Canadian Press reports that “Top court to rule on Catholic school’s right to opt out of Quebec’s ethics course.”

And Postmedia News has an article headlined “Five things to know about upcoming Supreme Court ruling on Quebec’s mandatory religion course.”

Once the Supreme Court of Canada issues its ruling in this case this morning, I will link to it.

Posted at 8:12 AM by Howard Bashman



“Identity Crisis: The Supreme Court’s Identity Crisis on Voting Rights.” Linda Greenhouse has this essay online today at The New York Times.

Posted at 8:02 AM by Howard Bashman