How Appealing

Thursday, May 1, 2008

"Ore. court rejects medical costs claim on tobacco industry": The Associated Press provides a report that begins, "The same Oregon court that slapped Big Tobacco with a huge punitive damages award has handed the industry a victory by rejecting a class-action lawsuit for medical monitoring costs in a case where harm had yet to occur. Oregon's high court ruled unanimously Thursday that smokers must show actual harm to make a negligence claim against cigarette manufacturers - not just the possibility they will be harmed."

You can access today's ruling of the Supreme Court of Oregon at this link.
Posted at 10:00 PM by Howard Bashman



"6th Circuit to Rehear Major NCLB Case": At "The School Law Blog" of Education Week, Mark Walsh has a post that begins, "A federal appeals court today agreed to re-examine a ruling by a panel of the court that revived a lawsuit challenging the No Child Left Behind Act for imposing unfunded mandates on states and school districts."

Today's order grants rehearing en banc of a ruling that a divided three-judge panel issued in January 2008. My earlier coverage of that ruling appears at this link.
Posted at 04:12 PM by Howard Bashman



"Fourth Circuit Decides Two Important Campaign Finance Cases, Raising Issues that Could Get En Banc or Supreme Court Attention": Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 04:05 PM by Howard Bashman


Unanimous three-judge Fourth Circuit panel rejects constitutional challenge to North Carolina's system of voluntary public financing for candidates seeking election to that state's appellate courts: Attorney James Bopp, Jr. was on the winning side of the case mentioned in the post immediately below, but Bopp ends up on the losing side of this ruling, which the U.S. Court of Appeals for the Fourth Circuit also issued today.

The judge who wrote the dissenting opinion in the decision discussed immediately below wrote the opinion of the court rejecting the challenge to the public financing of campaigns for appellate judgeships. He was the only judge involved in these two rulings who served on both panels.
Posted at 03:30 PM by Howard Bashman



Divided three-judge Fourth Circuit panel holds unconstitutional various provisions of North Carolina's law governing the financing of political campaigns: You can access today's ruling, on a challenge brought by the organization North Carolina Right to Life, Inc., at this link.
Posted at 03:22 PM by Howard Bashman


"Federal appeals court won't yet overturn 'Plan B' ruling": Reuters provides a report that begins, "A federal appeals court on Thursday left in place a lower court's ruling that allowed Washington state pharmacists to refuse to sell emergency contraceptive 'morning after' pills on religious grounds."

You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:00 PM by Howard Bashman



After all, the case did involve trying to recoup from the federal government the value of lost medication to facilitate weight loss and to prevent baldness and erectile dysfunction: The price of liberty can be steep, the U.S. Court of Appeals for the Federal Circuit today reminds AmeriSource Corporation.

The concluding paragraph of an opinion that a unanimous three-judge Federal Circuit panel issued today begins, "It is unfair that any one citizen or small group of citizens should have to bear alone the burden of the administration of a justice system that benefits us all. But the war memorials only a short distance from the Federal Circuit courthouse remind us that individuals have from time to time paid a dearer price for liberties we all enjoy."

Accordingly, the Federal Circuit has today affirmed the rejection of AmeriSource's request to recover $150,826.26 from the federal government, representing the lost value of Viagra, Propecia, and Xenacil that the federal government seized in a criminal investigation.
Posted at 11:50 AM by Howard Bashman



"Alleged Driver for Bin Laden Boycotts Military Hearing": The Washington Post contains this article today.

And today in The Miami Herald, Carol Rosenberg reports that "Bin Laden's driver can send notes to detainees."
Posted at 09:40 AM by Howard Bashman



"Closing Arguments in Suit on Veterans' Mental Care": This article appears today in The New York Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Vets' case rests with call to overhaul system."
Posted at 09:34 AM by Howard Bashman



"Dead soldiers' parents seek class action for T-shirt lawsuit": The Associated Press provides a report that begins, "A Tennessee couple who lost their son in Iraq want an Arizona merchant to pay more than $40 billion in damages to survivors of soldiers whose names are on the anti-war shirts he is selling online. A complaint seeking class-action status for the lawsuit by Robin and Michael Read says Dan Frazier of Flagstaff has no right to profit from commercial sale of products that use the dead soldiers' names without permission."

And last Friday, The Arizona Republic reported that "Tenn. family sues maker of war T-shirt."
Posted at 09:30 AM by Howard Bashman



"Justice Dept. Will Share Interrogation Opinions": The New York Times today contains an article that begins, "In a partial concession to Congressional pressure, the Bush administration agreed on Wednesday to show the Senate and House Intelligence Committees secret Justice Department legal opinions justifying harsh interrogation techniques that critics call torture."

And The Washington Post reports today that "Lawmakers to See Secret Documents."

John P. Elwood, deputy assistant attorney general for the Office of Legal Counsel, was the Justice Department's representative who testified at yesterday's hearing of the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Property Rights. The title of yesterday's hearing was "Secret Law and the Threat to Democratic and Accountable Government." You can view video of the hearing by clicking here (RealPlayer required).
Posted at 09:22 AM by Howard Bashman



"U.S. Appeals Court Rejects City's Suit to Curb Guns": This article appears today in The New York Times.

Today in The New York Sun, Joseph Goldstein reports that "Bloomberg Anti-Gun Suit Suffers a Blow."

The New York Daily News reports that "Appeals court dismisses NYC's suit against gun makers."

The New York Post reports that "City suit misfires; Gun makers win."

And law.com reports that "2nd Circuit Dismisses NYC's Suit Against Gun Manufacturers; Gun makers found insulated under U.S. law."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:50 AM by Howard Bashman



"Trials and Triumphs on the Road to Justice": The New York Times today contains this review of the new play "Thurgood," which officially opened on Broadway last night. The review calls the play "surprisingly absorbing, at times even stirring."

And a review from Hollywood Reporter via Reuters is headlined "Fishburne wins case in rather dry 'Thurgood.'"
Posted at 08:44 AM by Howard Bashman



"Law Professor Accuses Students of Defamation": This article appears today in The New York Times.
Posted at 08:38 AM by Howard Bashman


"Cuomo Balks in Case on Judges' Pay; Refuses to Lead Defense in Judge Kaye's Lawsuit": Joseph Goldstein has this article today in The New York Sun.
Posted at 08:28 AM by Howard Bashman


"Feds ask for review of Nacchio case; Responding to a decision to toss Nacchio's conviction, Justice requests a rehearing before the full 10th Circuit": This article appears today in The Denver Post.

And The Rocky Mountain News reports today that "U.S. tries long shot on Nacchio; Appeals court asked to affirm 2007 conviction."

You can view at this link the federal government's petition for rehearing en banc filed yesterday in the U.S. Court of Appeals for the Tenth Circuit.
Posted at 08:20 AM by Howard Bashman



"Grand jury indicts justice's wife on arson charge": The Houston Chronicle provides a news update that begins, "For the second time, a Harris County grand jury indicted the wife of Texas Supreme Court Justice David Medina, alleging she burned down the couple's Spring home and damaged two neighbors' homes in a fire last year."

law.com reports that "Second Grand Jury Looking Into Fire at Texas Justice's House."

And The Associated Press reports that "Texas Supreme Court justice's wife re-indicted in house fire."
Posted at 12:10 AM by Howard Bashman







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