How Appealing



Wednesday, April 15, 2015

“Appeals Court Agrees to Review Sirius XM’s Challenge Over Pre-1972 Music; The 2nd Circuit will take up the issue of whether New York protects the public performance of older songs — and whether that violates the U.S. Constitution”: Eriq Gardner has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.

Posted at 10:57 PM by Howard Bashman



“The 2nd Circuit can’t agree on reach of civil RICO. Next stop SCOTUS?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight today has a report that begins, “If there was any doubt about the complexity of applying the U.S. Supreme Court’s 2010 ruling in Morrison v. National Australia Bank to the Racketeer Influenced and Corrupt Organizations Act, it was resolved Monday by the 2nd U.S. Circuit Court of Appeals in a case called European Community v. RJR Nabisco.”

My earlier coverage of the Second Circuit’s recent order denying rehearing en banc, and the opinions concurring in and dissenting therefrom, can be accessed here.

Posted at 6:00 PM by Howard Bashman



“Supreme Court Has Opportunity To Halt Lawsuits By Uninjured Plaintiffs”: Rich Samp of Washington Legal Foundation has this post today at Forbes.com.

Posted at 1:10 PM by Howard Bashman



“Appeals court backs Wal-Mart on barring stockholder proposal”: The Arkansas Democrat-Gazette has this report.

The Washington Times reports that “Wal-Mart wins gun-sales case against investors who want to bar such purchases.”

The Wall Street Journal reports that “Court Lets Wal-Mart Block Investor Proposal on Gun Sales; New York church had challenged sales of semiautomatic rifles.” You can freely access the full text of the article via Google.

And Jonathan Stempel of Reuters reports that “Wal-Mart defeats bid for shareholder vote on gun sales.”

My earlier coverage of yesterday’s Third Circuit order appears at this link.

Posted at 8:34 AM by Howard Bashman



“Proposed Maryland Rule Heads Wrong Way on Unpublished Opinions”: David R. Cleveland has this post at the “Appellate Advocacy Blog.”

Posted at 8:26 AM by Howard Bashman



“Federal Circuit takes on En Banc Patent Exhaustion Case to Examine Impact of Kirtsaeng and Quanta”: Dennis Crouch has this post at “Patently-O.”

Posted at 8:23 AM by Howard Bashman



“Preview on same-sex marriage — Part III, Supporting the couples”: Lyle Denniston has this post — the third in a four-part series — today at “SCOTUSblog.”

Posted at 8:14 AM by Howard Bashman