How Appealing

Thursday, May 29, 2008

The Associated Press is reporting: Now available online are articles headlined "Gitmo judge removed from Canadian's case" and "Lawyers want 9/11 trial dismissed."
Posted at 10:52 PM by Howard Bashman


"The state illegally removed more than 400 children from their parents last month after raiding a polygamist sect's West Texas ranch, the Texas Supreme Court said today." So begins this news update from The Houston Chronicle.

And The Associated Press provides a report headlined "Court: Sect children should be returned to parents."

Today's ruling of the Supreme Court of Texas consists of a majority opinion and an opinion concurring in part and dissenting in part. The majority opinion in a second, related case can be accessed here.
Posted at 05:25 PM by Howard Bashman



Second Circuit rules against high school student who claims her First Amendment rights were violated when she was disciplined by the school for posting a vulgar and misleading message about an upcoming school event on an publicly-accessible web log: The U.S. Court of Appeals for the Second Circuit today issued its ruling in the much-anticipated case of Doninger v. Niehoff.

Today's opinion begins, "Plaintiff-Appellant Lauren Doninger appeals from the August 31, 2007 order of the United States District Court for the District of Connecticut (Kravitz, J.) denying her motion for a preliminary injunction. Doninger v. Niehoff, 514 F. Supp. 2d 199 (D. Conn. 2007). Doninger sued Defendants-Appellees Karissa Niehoff and Paula Schwartz, respectively the principal of Lewis Mills High School and the superintendent of the district in which LMHS is located, when her daughter, Avery Doninger, was disqualified from running for Senior Class Secretary after she posted a vulgar and misleading message about the supposed cancellation of an upcoming school event on an independently operated, publicly accessible web log (or 'blog')."

The introductory paragraph continues, "Doninger, alleging principally a violation of her daughter's First Amendment rights, moved for a preliminary injunction voiding the election for Senior Class Secretary and ordering the school either to hold a new election in which Avery would be allowed to participate or to grant Avery the same title, honors, and obligations as the student elected to the position, including the privilege of speaking as a class officer at graduation. The district court denied the motion, concluding that Doninger had failed to show a sufficient likelihood of success on the merits. Because Avery's blog post created a foreseeable risk of substantial disruption at LMHS, we conclude that the district court did not abuse its discretion. We therefore affirm the denial of Doninger's preliminary injunction motion."

The federal district court's decision, which today's Second Circuit ruling affirms, can be accessed at this link. My earlier coverage of this case appears here (covering the Second Circuit's oral argument) and here (covering the trial court's ruling).
Posted at 04:11 PM by Howard Bashman



"Personhood amendment on Nov. ballot": The Denver Post provides a news update that begins, "Colorado voters will be asked to amend the state Constitution this November to define personhood as 'any human being from the moment of fertilization.' Colorado for Equal Rights, the grassroots group seeking a measure to extend constitutional protections to the earliest individuals, fertilized eggs, succeeded in submitting more than enough valid voter signatures, the secretary of state said Thursday morning."

And The Associated Press reports that "Anti-abortion measure OK'd for Colo. ballot."
Posted at 03:45 PM by Howard Bashman



"NJ, Texas courts scrap awards from Vioxx cases": The Associated Press provides this report on state intermediate appellate court rulings that issued today from Texas and New Jersey.

You can access today's ruling of the Fourteenth Court of Appeals of Texas at this link.

And you can access today's lengthy ruling of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 11:35 AM by Howard Bashman



Does Arkansas law prohibit marriage between a man and his adopted daughter's adopted daughter? As characterized by the dissenting judge, today's ruling of the U.S. Court of Appeals for the Sixth Circuit in a case involving convictions for conspiracy to defraud the United States Department of Defense and making material false statements to a federal agent involves a scheme notable for its "ickiness."
Posted at 11:12 AM by Howard Bashman


"For Blind High Court Clerk, the Sky's the Limit": law.com's Tony Mauro has this report. According to the article, in July 2008, Isaac Lidsky will become the first blind person to become a law clerk at the U.S. Supreme Court. According to the article, Lidsky previously clerked for Circuit Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit.

Thanks to YouTube, you can watch Isaac throw out the first pitch at a Florida Marlins game from last year and speak about his charitable organization, Hope For Vision.
Posted at 09:35 AM by Howard Bashman



"High court hearing pits religious vs. equal rights; Lesbian sued doctors who denied her fertility procedure": Greg Moran has this article today in The San Diego Union-Tribune.

Today in The San Francisco Chronicle, Bob Egelko reports that "Court weighs if doctors can not treat lesbian."

In The Los Angeles Times, Maura Dolan reports that "State Supreme Court may give gays a medical victory; Justices appear to be leaning toward forbidding doctors from denying treatment based on their religious views."

law.com reports that "Calif. Justices Appear to Favor Lesbian in Dispute Over Artificial Insemination; Case with unusually high number of amicus briefs involves doctors who claimed religious beliefs kept them from providing intrauterine insemination."

And The Bay Area Reporter has an article headlined "Infertility case goes to high court."
Posted at 09:33 AM by Howard Bashman



"Phila. fire paramedics win right to receive overtime pay": The Philadelphia Inquirer today contains an article that begins, "Philadelphia Fire Department paramedics who went to court to get overtime pay won a significant victory yesterday when a federal appeals court ruled they are entitled to overtime pay if they work more than 40 hours a week. The 2-1 ruling by the U.S. Court of Appeals for the Third Circuit came in a case involving about 300 fire service paramedics who are assigned to 40 different units at firehouses across the city. The appellate judges sent the case back to federal district court for a determination of damages."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 09:20 AM by Howard Bashman



"Justices Show Ability To Move to the Center": Robert Barnes has this news analysis today in The Washington Post.
Posted at 09:12 AM by Howard Bashman


"Day ends without a Fieger verdict; Deliberating jury asks to see exhibits": David Ashenfelter has this article today in The Detroit Free Press.
Posted at 09:05 AM by Howard Bashman


"Paul House will remain in jail until retrial; Prosecution won't seek death penalty": The Tennessean today contains an article that begins, "After 22 years on death row, after all the appeals, after a U.S. Supreme Court decision questioning the evidence and testimony against him, Paul House will remain in jail. A federal judge had considered releasing him from prison Wednesday after House had won some victories in federal court, but now that state prosecutors plan to retry House, U.S. District Judge Harry S. Mattice Jr. has decided he should stay in jail, saying the case is now under state jurisdiction."

And The Knoxville News Sentinel reports today that "House to be retried in Oct.; After state loses appeal, judge sets ruling in motion."
Posted at 09:03 AM by Howard Bashman



"In Defense of Workers": The New York Times today contains an editorial that begins, "The Supreme Court handed down a pair of well-reasoned, fair-minded rulings this week upholding the rights of employees who charge age and race discrimination."

And The Washington Post today contains an editorial entitled "Flawed Victory: The Supreme Court stretches the law to help victims of workplace retaliation."
Posted at 08:52 AM by Howard Bashman



"Watchdogs question lawyer's assistance to Medina's wife; Lawyer whose firm has a case before court aids in securing bail": The Houston Chronicle today contains an article that begins, "A prominent Houston lawyer whose firm is involved in a major asbestos liability case before the Texas Supreme Court helped Justice David Medina's wife obtain bail after she was indicted earlier this month on arson and related charges."

And The Associated Press reports that "Lawyer with case before court helped judge's wife get bail."
Posted at 08:44 AM by Howard Bashman



"Mentally incompetent defendants on rise; Trend tied to limited health care access, lawyers' strategies": This article appears today in USA Today.
Posted at 08:30 AM by Howard Bashman


"Why a Texas Appellate Court Seriously Erred In Concluding that Texas Child Protective Services Should Not Have Rescued All of the Children at the FLDS Compound": Marci Hamilton has this essay online today at FindLaw.
Posted at 08:23 AM by Howard Bashman






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