How Appealing

Wednesday, April 8, 2015

"Abrahamson sues to keep her job for four more years": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "A day after voters approved changing the state constitution to allow members of the Wisconsin Supreme Court to elect their leader, Chief Justice Shirley Abrahamson on Wednesday sued the six other members of the court to hold onto her job."

And The Associated Press reports that "Chief Justice Shirley Abrahamson sues over amendment approved by voters."

You can access at this link the complaint initiating suit, filed today in the U.S. District Court for the Western District of Wisconsin.
Posted at 11:52 PM by Howard Bashman



"9th Tackles Duty to Warn in Model Mayhem Rape Case": Katherine Proctor of Courthouse News Service has a report that begins, "The 9th Circuit heard from both sides Wednesday in a case alleging liability of the Model Mayhem website after two of its users drugged and raped a woman by luring her to a bogus casting call."

The appeal was argued today on panel rehearing before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. You can view the oral argument video at this link.

My earlier coverage of the case appears here, here, and here.
Posted at 11:44 PM by Howard Bashman



"This case concerns the intersection between intellectual property rights and a Mardi Gras tradition." So begins an opinion about "bead dogs" that Circuit Judge Stephen A. Higginson issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 11:34 PM by Howard Bashman


"Court questions Google on patent values in Microsoft case": Dan Levine of Reuters has this report.

You can view at this link the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Kathleen M. Sullivan argued the appeal for Google, while Carter G. Phillips argued for Microsoft.

And in today's installment of "Who are these irresponsible and unconstrained lawyers inflicting unnecessarily long briefs on the federal appellate courts?" -- Sullivan's Brief for Appellants contained 13,786 words, Phillips's Brief for Appellee contained 13,976 words, and Sullivan's Reply Brief for Appellants contained 6,854 words. Each of these briefs, filed by two of the most highly regarded appellate advocates in private practice, is considerably in excess of the new word limits now under consideration for the Federal Rules of Appellate Procedure. Earlier installments in this series can be accessed here, here, and here.
Posted at 11:05 PM by Howard Bashman



"Questioning the Federal Circuit's Reduced Flow of Information": Dennis Crouch has this interesting post today at "Patently-O."
Posted at 10:54 PM by Howard Bashman


"U.S. appeals court deals setback to Florida tobacco plaintiffs": Reuters has this report.

My earlier coverage of today's Eleventh Circuit ruling appears at this link.
Posted at 10:50 PM by Howard Bashman



Eighth Circuit announces oral argument date and panel assigned to same-sex marriage cases affecting Arkansas, Missouri, Nebraska, and South Dakota: The oral argument date will be May 12, 2015. And the three-judge panel assigned to hear and decide the cases will consist of Circuit Judges Roger L. Wollman, Lavenski R. Smith, and Duane Benton.
Posted at 05:22 PM by Howard Bashman


"In Memoriam: George M. Cockle." This post appeared yesterday at the "Cockle News & Briefs" blog.
Posted at 05:02 PM by Howard Bashman


"Legal Conflicts on Medical Marijuana Enter a New Phase": Erik Eckholm will have this article in Thursday's edition of The New York Times.
Posted at 04:58 PM by Howard Bashman


"Tsarnaev guilty of Marathon bombings": Milton J. Valencia, Patricia Wen, Kevin Cullen, John R. Ellement, and Martin Finucane of The Boston Globe have this news update.

Laurel J. Sweet, Jack Encarnacao, and Lindsay Kalter of The Boston Herald have a news update headlined "Dzhokhar Tsarnaev convicted on all charges in Boston Marathon bombing trial." In addition, Laurel J. Sweet reports that "Death penalty win seen as tough sell in Tsarnaev case."

And Katharine Q. Seelye of The New York Times has a news update headlined "Dzhokhar Tsarnaev Is Guilty in Boston Marathon Bombing Trial."
Posted at 04:56 PM by Howard Bashman



"Michigan Firm Splits With Partner Who Will Argue For Gay Marriage Ban": Katelyn Polantz of The National Law Journal has an article that begins, "The private-practice lawyer who will defend Michigan's ban on same-sex marriage before the U.S. Supreme Court had to leave his law firm temporarily to take the case. And the firm, Warner Norcross & Judd, has distanced itself from its colleague John Bursch and from the state's case against same-sex couples."

You can freely access the full text of the article via Google.
Posted at 03:54 PM by Howard Bashman



Florida "may not enforce a duty, as it has through the Engle jury findings, premised on the theory that all cigarettes are inherently defective and that every cigarette sale is an inherently negligent act." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit in a ruling issued today.
Posted at 03:35 PM by Howard Bashman


"Dzhokhar Tsarnaev convicted in Boston Marathon bombing": The Associated Press has this report.
Posted at 02:16 PM by Howard Bashman


"Verdict Reached in Boston Marathon Bombing Trial": Katharine Q. Seelye of The New York Times has this news update.
Posted at 01:33 PM by Howard Bashman


"Thibodaux attorney to present case to U.S. Supreme Court": Bridget Mire of The Houma (La.) Courier has an article that begins, "In his 20 years practicing law, Mark Plaisance has stood before all of Louisiana's appellate courts, the Louisiana Supreme Court and the 5th U.S. Circuit Court of Appeals."

Congratulations to longtime "How Appealing" reader Mark D. Plaisance on his upcoming U.S. Supreme Court oral argument in this very important case.
Posted at 01:04 PM by Howard Bashman



"Pa. Justices Nix 'Kids For Cash' Abuse-Of-Process Suits": Matt Fair of Law360.com has a report (subscription required for full access) that begins, "The Pennsylvania Supreme Court issued orders on Tuesday nixing a series of appeals aimed at reviving abuse-of-process claims a businessman launched against a group of law firms after he was named as a defendant in class actions stemming from the state's infamous 'kids for cash' judicial bribery scandal."

You can access yesterday's order of the Supreme Court of Pennsylvania dismissing review as improvidently granted at this link.

The appeal was argued last month before only three Justices serving on Pennsylvania's highest court, because the remaining two current justices were recused. You can view the video of last month's oral argument of the case via this link (scroll down to part 3 of 3 for March 11, 2015).
Posted at 11:27 AM by Howard Bashman



"Texas judge refuses to lift block on Obama immigration plan": Reuters has this report.

And The Associated Press reports that "Judge denies request to let immigration action take effect."

At "Josh Blackman's Blog," you can access a post titled "Two Orders From Brownsville: Motion for Stay Denied and Motion for Discovery Granted" containing this link to the district court's memorandum opinion and order denying a stay.
Posted at 11:14 AM by Howard Bashman



"Guam Public Health turns down same-sex couple's marriage license application": The Pacific Daily News of Hagatna, Guam has this report.

And The Associated Press reports that "Guam rejects lesbian couple's marriage license application."
Posted at 10:40 AM by Howard Bashman



"The Irony of Justice Stevens's Immunity Amendment": At "PrawfsBlawg," Richard M. Re has a post that begins, "Justice Stevens is one of the most famous and persistent critics of the Supreme Court's broad view of state sovereign immunity."
Posted at 10:35 AM by Howard Bashman


"Activists Target State Supreme Court Chief Justice": Daniela Altimari of The Hartford Courant has an article that begins, "Activists with a variety of grievances against the court system are joining together to try to scuttle the reappointment of one of Connecticut's most powerful jurists."
Posted at 08:40 AM by Howard Bashman


"Huguely to appeal case to U.S. Supreme Court": The Daily Progress of Charlottesville, Virginia has this report.
Posted at 08:36 AM by Howard Bashman


"Alan Page leaving Supreme Court to focus on youth": The Pioneer Press of St. Paul, Minnesota has this report.
Posted at 08:32 AM by Howard Bashman


"Rauner: Can't trust Illinois Supreme Court justices 'to be rational.'" Kim Geiger of The Chicago Tribune has an article that begins, "Gov. Bruce Rauner, who has been barnstorming the state to promote his message that Illinois government is corrupt and in need of 'structural reform,' took aim Tuesday at the Illinois Supreme Court, saying he doesn't trust its justices."
Posted at 08:30 AM by Howard Bashman


"Lawyers for health agency, religious nonprofits present case to federal appeals court; Federal lawyers ask 5th Circuit panel to overturn ruling in favor HBU, other religious nonprofits on mandated": Allan Turner of The Houston Chronicle has this report. You can freely access the full text of the article via Google.

And Tom Howell Jr. of The Washington Times reports that "Religious colleges seek contraception mandate exception like for-profit companies."

Last night, I linked to the oral argument audio and identified the composition of the three-judge Fifth Circuit panel in this post.
Posted at 08:24 AM by Howard Bashman



"Kansas Limits Abortion Method, Opening a New Line of Attack": Erik Eckholm and Frances Robles have this front page article in today's edition of The New York Times.
Posted at 08:16 AM by Howard Bashman


"Wisconsin Re-elects Liberal Judge, but Opens Door for Conservative Chief Justice": Mitch Smith has this article in today's edition of The New York Times.

And Patrick Marley of The Milwaukee Journal Sentinel reports that "Voters back amendment on chief justice selection."
Posted at 08:12 AM by Howard Bashman







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