How Appealing

Tuesday, April 27, 2010

What effect, if any, does the withdrawal of a timely-filed post-judgment motion have on the time to appeal from the judgment in a civil case in federal court? A divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this interesting decision today.

I believe that Circuit Judge Carlos F. Lucero's dissenting opinion -- which argues that the notice of appeal was timely or, at worst, premature -- has the better of this argument.
Posted at 10:07 PM by Howard Bashman



"Oklahoma abortion bills become law": The Oklahoman has this news update.

And The Associated Press reports that "Abortion-rights group sues to block Okla. bill."
Posted at 08:20 PM by Howard Bashman



"Getting His Clerkship: How Winning a Coin Flip (Among Other Things) Led John Paul Stevens to Become a Law Clerk to Justice Wiley Rutledge." Law professor John Q. Barrett has this interesting post today at "SCOTUSblog."
Posted at 08:14 PM by Howard Bashman


Second Circuit determines whether a corporation's outside counsel can be liable for false statements that those attorneys allegedly create, but which are not attributed to the law firm or its attorneys at the time the statements were disseminated: Today's ruling affirms the dismissal of a securities fraud lawsuit that sought to hold the Mayer Brown law firm liable for matters that allegedly occurred during its representation of the now-bankrupt brokerage firm Refco Inc.
Posted at 02:50 PM by Howard Bashman


"Supreme Court questions ban of biotech alfalfa": The Associated Press has this report.
Posted at 01:30 PM by Howard Bashman


"Selecting Stevens' Successor; Politics recedes as a critical factor": Tom Goldstein has this lengthy post today at "SCOTUSblog."
Posted at 01:27 PM by Howard Bashman


"Key GOP Backing May Help Obama Nominee From Connecticut": Today's edition of The Hartford Courant contains an article that begins, "Strong support from influential Republicans with ties to the Justice Department appears to have substantially weakened partisan opposition to President Barack Obama's nomination of Hartford District Judge Robert N. Chatigny to the U.S. 2nd Circuit Court of Appeals."
Posted at 01:24 PM by Howard Bashman


"Court seems eager to tackle violent video games": Tony Mauro has this analysis online at the First Amendment Center.
Posted at 01:22 PM by Howard Bashman


Today's ruling of the U.S. Supreme Court in argued cases: The Court today issued two opinions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., No. 08-1198. The vote was 5-3 to reverse. The Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined in the majority opinion. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens and Stephen G. Breyer joined. Justice Sonia Sotomayor did not take part in the ruling. You can access the oral argument transcript at this link.

2. And Justice Breyer delivered the opinion of the Court in Merck & Co. v. Reynolds, No. 08-905. The vote was 9-0 to affirm. The Chief Justice and Justices Kennedy, Ginsburg, Alito, and Sotomayor joined in the majority opinion. Justice Stevens issued an opinion concurring in part and concurring in the judgment. And Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that "Court says Vioxx lawsuits can proceed."
Posted at 10:06 AM by Howard Bashman



"High court takes video game case; Calif. wants restriction on 'deviant' images": Joan Biskupic has this article today in USA Today.

And in today's edition of The San Jose Mercury News, Howard Mintz and Troy Wolverton report that "U.S. Supreme Court to consider California's violent video game law."
Posted at 08:37 AM by Howard Bashman



"Wal-Mart Gender Case Divides Court": This article appears today in The New York Times.

The Washington Post reports today that "Appeals court upholds women's right to sue Wal-Mart for alleged discrimination."

The Wall Street Journal reports that "Bias Suit Advances Against Wal-Mart." You can freely access the full text of the article via Google News.

Financial Times reports that "Walmart to seek lawsuit review."

Dan Levine of The Recorder reports that "9th Circuit OKs Huge Wal-Mart Class."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Wal-Mart To Face Massive Discrimination Lawsuit."

My earlier coverage of yesterday's en banc Ninth Circuit ruling appears here and here.
Posted at 08:33 AM by Howard Bashman



"The First Amendment and Kittens": Stanley Fish has this post at the "Opinionator" blog of The New York Times.
Posted at 08:22 AM by Howard Bashman


"Federal Circuit Reverses $4.3 Million Sanction Against McDermott and Medtronic; Though vitiating a Colorado federal judge's order, the Federal Circuit panel made a point of noting that judges should still rule their courtrooms as they see fit": law.com has this report.

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 08:20 AM by Howard Bashman



"Breathing While Undocumented": Linda Greenhouse has this op-ed today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"Jailbirds Order Up Hot Wings; Junk Food Lifts Inmates' Spirits, Prison Revenue, but Envy and Diet Are Concerns": Today's edition of The Wall Street Journal contains an article that begins, "In a bid to raise cash and keep the peace in crowded jails, wardens nationwide are offering inmates the chance to order meatball subs, cheeseburgers, chicken parmesan--even a 'Pizza and Wings Party Pack,' complete with celery, blue cheese and a Pepsi. The program goes beyond the old-fashioned prison commissary, with its cup-a-soups and bags of chips, and it can be quite lucrative for corrections departments."
Posted at 07:48 AM by Howard Bashman


"Possible court nominee had ties with Goldman; Solicitor General Kagan served on advisory panel": This article appears today in USA Today.

Today's edition of The Wall Street Journal reports that "Kagan's Harvard Stint Could Be Selling Point; Record as Conciliator in Law-School Post May Help Win Republican Support for Potential Supreme Court Nomination."

Bloomberg News reports that "Some Democrats Urge Obama to Avoid Fight Over High Court Choice."

In yesterday's edition of The Philadelphia Inquirer, law professor Craig Green had an op-ed entitled "Left's answer to John Roberts: As with the chief justice, a nomination of Merrick Garland to the high court would be hard to fight." Green clerked for Garland on the D.C. Circuit.

And at "SCOTUSblog," Tom Goldstein has a lengthy post titled "The Potential Nomination of Merrick Garland: Analysis of his record."
Posted at 07:36 AM by Howard Bashman



"Terror suspect's confessions at issue; Canadian Omar Khadr heads for a military commission, where a judge will decide whether to allow his confessions to be used during his summertime war-court trial": Carol Rosenberg has this article today in The Miami Herald.
Posted at 07:20 AM by Howard Bashman






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