How Appealing



Thursday, May 10, 2012

“Howard Bashman’s ‘How Appealing’ Turns 10”: Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 10:44 PM by Howard Bashman



“Three states, one drug, and a Supreme Court ruling”: At Alison Frankel’s “On the Case” from Thomson Reuters News & Insight, Nate Raymond has a report that begins, “In the 11 months since the U.S. Supreme Court limited consumers’ ability to sue generic drug companies for personal injuries in Pliva v. Mensing, the acid reflux drug Reglan has been front and center as lower courts interpret the decision.”

Posted at 5:02 PM by Howard Bashman



“New York Kosher Label Act Is Constitutional, Court Says”: Bloomberg News has a report that begins, “A New York law regulating the marketing and labeling of kosher food doesn’t violate the U.S. Constitution, a federal appeals court ruled, rejecting a First Amendment challenge.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 4:51 PM by Howard Bashman



“Ben-Gal case can proceed; Appeals court rules on website lawsuit”: Today’s edition of The Cincinnati Enquirer contains an article that begins, “The 6th U.S. Circuit Court of Appeals on Wednesday ruled that 2011 Cincinnati Ben-Gals cheerleader Sarah Jones can proceed with her defamation lawsuit against the online gossip website TheDirty.com.”

Posted at 2:17 PM by Howard Bashman



Programming note: In connection with an appeal that I’m scheduled to argue on Tuesday of next week, I will be meeting with co-counsel this morning for an oral argument prep session. Additional posts will appear here this afternoon.

Posted at 8:30 AM by Howard Bashman



“Facebook bullying case heads to Supreme Court”: The Canadian Press has a report that begins, “Canada’s top court is scheduled to hear a case today involving a teenage Nova Scotia girl who was allegedly defamed on a bogus Facebook page.”

Postmedia News reports that “Supreme Court to hear Facebook cyberbullying case.”

And The Vancouver Sun reports that “Vancouver lawyer acts as ‘friend of court’ in first Facebook privacy case.”

The Supreme Court of Canada’s web site offers a summary of the case and provides access to the redacted brief for appellant.

Posted at 8:27 AM by Howard Bashman



“Plaistow woman’s lawsuit could end up before Supreme Court”: Today’s edition of The Manchester (N.H.) Union Leader contains an article that begins, “A lawsuit that netted a Plaistow woman the largest jury award in state history could potentially be argued in front of the U.S. Supreme Court, according to her attorney and a legal expert. The U.S. Court of Appeals for the First Circuit recently affirmed a trial court ruling that awarded Karen Bartlett of Plaistow more than $21 million in damages after an anti-inflammatory drug left her with extreme burns and permanent near-blindness.”

My earlier coverage of last Wednesday’s First Circuit ruling appears here and here.

Posted at 8:21 AM by Howard Bashman



“Oregon veteran seeks Supreme Court review of divorce court allocation of his disability pay”: Today’s edition of The Oregonian contains an article that begins, “It’s an argument that has raged in some veterans’ circles for years: Do family courts have the right to consider income from veterans’ benefits when calculating spousal or child support? A disabled Air Force reservist from Albany is seeking to bring the question before the U.S. Supreme Court — again.”

Posted at 8:15 AM by Howard Bashman



“Galveston beach homeowners prepare to exert rights; Battle may be looming after high court ruling”: Harvey Rice has this article today in The Houston Chronicle.

Posted at 8:14 AM by Howard Bashman