How Appealing



Friday, April 24, 2015

“Arpaio: PI hired to investigate judge’s wife.” Megan Cassidy of The Arizona Republic has an article that begins, “In a bombshell diversion from his contempt-of-court proceedings, Maricopa County Sheriff Joe Arpaio testified under oath Thursday that his attorneys had hired a private agent to investigate the wife of the federal judge who ruled that the Sheriff’s Office had engaged in racial profiling.”

And The Associated Press reports that “Arizona sheriff reveals investigation into judge’s wife.”

Posted at 1:38 PM by Howard Bashman



“King: Ban federal courts from overturning traditional marriage laws.” The Des Moines Register has an article that begins, “U.S. Rep. Steve King, R-Kiron, has introduced a bill in Congress that would ban federal judges from ruling on lawsuits aimed at overturning state bans on same-sex marriage.”

Posted at 1:18 PM by Howard Bashman



“Gay marriage defies opinions of American majority, legal brief tells Supreme Court”: Cheryl Wetzstein of The Washington Times has this report.

Posted at 1:14 PM by Howard Bashman



“How a Cincinnati judge could shape the gay marriage case”: Ariane de Vogue of CNN.com today has a report that begins, “Judge Jeffrey Sutton doesn’t have a lot of company on the appeals courts these days.”

Posted at 10:27 AM by Howard Bashman



“ESPN Beats Pro Wrestler in Dispute Over Rebroadcast of Old Matches; An appellate ruling could be a good sign for broadcasters as they fight in court with college athletes”: Eriq Gardner had this post yesterday at the “Hollywood, Esq.” blog of The Hollywood Reporter.

You can access Wednesday’s per curiam ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

Posted at 8:32 AM by Howard Bashman



FRAP Advisory Committee agrees to scrap “3-day rule” for responding to documents served by electronic means: Also yesterday, after much discussion, the FRAP Advisory Committee agreed to approve an amendment that would eliminate the extra three days that the FRAP now provide for responding to documents served through electronic means, including via CM/ECF.

A similar change is scheduled to go into effect in the procedural rules applicable to district and bankruptcy courts. However, appellate attorneys on the FRAP Advisory Committee expressed concerns that the 14-day period for filing a reply brief is a uniquely short time for filing such an important document. As a result, the FRAP Advisory Committee plans to consider in the very near future whether the 14-day period for filing a reply brief should be extended to 17 or 21 days. In addition, the FRAP Advisory Committee intends to send a letter to the chief judges of all the U.S. Courts of Appeals explaining that expanding the time for reply briefs will remain under consideration, and that courts should consider continuing to afford 17 days in which to file reply briefs in the interim.

Lastly, the FRAP Advisory Committee is encouraging the Standing Committee to include a statement in the comments encouraging courts to freely grant extensions when documents are served electronically late at night or late at night before a weekend or holiday weekend. However, because the elimination of the extra three days following e-service will go into effect in district courts and bankruptcy courts at the same time it goes into effect in appellate courts, such a comment will only be included in the FRAP if the comment is also deemed acceptable for inclusion with the rules governing district courts and bankruptcy courts. Already, certain of the advisory committees overseeing those other rules have expressed their opposition to adding such a comment.

Posted at 8:15 AM by Howard Bashman