How Appealing



Monday, May 23, 2016

“Penalty Against Bank of America Overturned in Mortgage Case”: Michael Corkery will have this article in Tuesday’s edition of The New York Times.

Nate Raymond and Jonathan Stempel of Reuters report that “Bank of America $1.27 billion U.S. mortgage penalty is voided.”

The Associated Press reports that “Appeals court reverses fraud finding against Bank of America.”

Bloomberg News reports that “BofA $1.3 Billion ‘Hustle’ Judgment Tossed by Appeals Court.”

And Jon Prior of Politico.com reports that “Appeals court throws out Bank of America $1.27 billion penalty.”

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

Posted at 11:44 PM by Howard Bashman



“Court reinstates Libor antitrust lawsuits against banks”: Kevin McCoy of USA Today has this report.

Jonathan Stempel of Reuters reports that “Big banks lose as U.S. appeals court revives Libor lawsuits.”

The Associated Press reports that “Court reinstates lawsuits alleging collusion by big banks.”

Bloomberg News reports that “Banks Must Defend Libor Lawsuits After Judges Warn of Impact.”

And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post titled “2nd Circuit in Libor case v. banks: Rigging rates is price-fixing collusion.”

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

Posted at 11:35 PM by Howard Bashman



“Advocates eye challenge to judge’s order on Obama immigration relief recipients”: Josh Gerstein of Politico.com has this report.

Posted at 11:06 PM by Howard Bashman



In the June 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined “Court says criminal defendants should be allowed to pay lawyers with ‘untainted’ funds.”

G.M. Filisko has an article headlined “After Obergefell: How the Supreme Court ruling on same-sex marriage has affected other areas of law.”

Lorelei Laird has an article headlined “Police routinely read juveniles their Miranda rights, but do kids really understand them?

And Anna Stolley Persky has an article headlined “Contentious battles between couples over frozen embryos raise legal and ethical dilemmas.”

Posted at 5:06 PM by Howard Bashman



“Supreme Court Finds Racial Bias in Jury Selection for Death Penalty Case”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Justices throw out death sentence given to black man by all-white jury.”

David G. Savage of The Los Angeles Times reports that “Supreme Court rules that prosecutors intentionally kept blacks off jury.”

Bill Rankin of The Atlanta Journal-Constitution has a blog post titled “High court finds discrimination in jury selection in Georgia death case.”

Lawrence Hurley of Reuters reports that “Supreme Court rules for black Georgia death row inmate.”

Ariane de Vogue of CNN.com reports that “Supreme Court sides with death row inmate in racial discrimination case.”

Josh Gerstein of Politico.com has a blog post titled “Supreme Court finds jury tainted by race in murder case.”

Cristian Farias of The Huffington Post reports that “Supreme Court Rules Prosecutors Violated The Constitution When Excluding Black Jurors; Selection of an all-white jury in a Georgia capital case was ‘motivated in substantial part’ by race.”

Chris Geidner of BuzzFeed News has an article headlined “Supreme Court: Jurors Were Unconstitutionally Kept Off Murder-Trial Jury Based On Race.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: Telltale files on race-based jury selection.”

In commentary, Dahlia Lithwick has a jurisprudence essay online at Slate titled “Peremptory Prejudice: Racism still infects jury challenges, even if most aren’t as blatant as these awful Georgia prosecutors.”

And Ian Millhiser of ThinkProgress has a post titled “How Justice Thomas Would Give Prosecutors A Permission Slip For Race Discrimination.”

Posted at 4:44 PM by Howard Bashman



Access online today’s rulings in argued cases of the U.S. Supreme Court: The Court today issued rulings in three argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Green v. Brennan, No. 14-613. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. And Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Wittman v. Personhuballah, No. 14-1504. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Foster v. Chatman, No. 14-8349. Justice Alito issued an opinion concurring in the judgment. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Supreme Court throws out death sentence from all-white jury“; “Supreme court dismisses GOP appeal over Virginia districts“; and “High court ruling helps federal workers file job bias claims.”

And Richard Wolf of USA Today reports that “Supreme Court gives black death-row inmate new life.”

Posted at 10:02 AM by Howard Bashman



“The Legacy of Justice Scalia: Remembering a Conservative Legal Titan’s Impact on the Law.” The Heritage Foundation has posted on YouTube at this link the video of this event the organization hosted last Thursday.

Posted at 9:48 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

In Adams v. Alabama, No. 15-6289, the Court issued a GVR. In connection therewith, Justice Clarence Thomas issued a concurrence, in which Justice Samuel A. Alito, Jr. joined. Justice Alito issued a concurrence, in which Justice Thomas joined. And Justice Sonia Sotomayor issued a concurrence, in which Justice Ruth Bader Ginsburg joined.

Update: In early news coverage, The Associated Press reports that “High court rejects request to reconsider Blagojevich case.”

Posted at 9:33 AM by Howard Bashman



“For Trump, High Court List a Sop to Conservatives”: Kenneth Jost has this post at his blog, “Jost on Justice.”

Posted at 9:20 AM by Howard Bashman



“If Citizens United Falls, Will Progressives Notice? The remaining presidential candidates have each said they’d fix big money in political races; But if the Supreme Court overturned its latest campaign-finance rulings, would anything really change?” Bradley A. Smith has this essay online today at The Atlantic.

Posted at 9:18 AM by Howard Bashman



“Supreme Court rules for CRST in legal fee case; Company seeking $4.7 million after lawsuit thrown out”: George C. Ford of The Gazette of Cedar Rapids, Iowa has this report.

Posted at 9:16 AM by Howard Bashman



“Supreme Court Scorecard: Not the Class Action Rout Defendants Had Hoped For.” Perry Cooper of Bloomberg BNA has this report.

Posted at 9:02 AM by Howard Bashman