How Appealing



Tuesday, June 5, 2007

The Associated Press is reporting: An article headlined “Judge Now Wants Just $54M From Cleaner” begins, “A judge who was seeking $67 million from a dry cleaners that lost his pants has loosened the belt on his lawsuit. Now, he’s asking for only $54 million, according to a May 30 court filing in D.C. Superior Court.”

And an article headlined “Feds Appeal Posada’s Dismissal” begins, “Federal prosecutors have appealed a judge’s decision to dismiss an immigration fraud case against an anti-Castro militant who is wanted in Cuba and Venezuela on charges that he plotted a jetliner bombing.”

Posted at 11:45 PM by Howard Bashman



“Despite Docket Drop, Justices Face Packed Homestretch; After ‘B-movie’ term, will Supreme Court make blockbuster rulings in final weeks?” Marcia Coyle of The National Law Journal provides this report.

Posted at 11:33 PM by Howard Bashman



“Federal Appeals Court Rejects Michigan’s Ban on a Controversial Method of Abortion”: The New York Times contains this article today.

The Detroit News reports today that “Late-term abortion ban illegal; Appeals court decides on Mich. law despite the U.S. Supreme Court’s upholding of federal ban.”

And The Detroit Free Press reports that “State’s ban on some abortions is struck down.”

My earlier coverage of yesterday’s Sixth Circuit ruling appears at this link.

Posted at 8:55 PM by Howard Bashman



“Court restores Missouri executions; Ruling stems from Michael Anthony Taylor’s sentence in KC teenager’s murder”: The Kansas City Star contains this article today.

The St. Louis Post-Dispatch reports today that “Missouri kills moratorium on executions.”

And Henry Weinstein of The Los Angeles Times reports that “Lethal injections upheld in Missouri; A panel of the 8th Circuit Court of Appeals finds ‘no wanton infliction of cruel and unusual punishment,’ clearing the way for executions to resume.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 8:22 PM by Howard Bashman



“Military Judges Dismiss Charges for 2 Detainees”: This article appears today in The New York Times. And Adam Liptak has an article headlined “Tribunal System, Newly Righted, Stumbles Again.”

The Washington Post today contains an article headlined “Charges Against Guantanamo Detainee Set for Trial Dropped Over Limit in Law.” The newspaper’s web site also provides a news update headlined “White House Criticizes Guantanamo Trial Ruling.”

Carol Rosenberg of The Miami Herald reports that “Judges toss 2 war crimes cases; Guantanamo military judges dismissed war crimes charges against two detainees, citing the Pentagon’s failure to comply with an act of Congress.”

The Los Angeles Times reports that “Tribunals are dealt another legal setback; Dismissal rulings in two Guantanamo cases raise questions about the military’s jurisdiction over detainees.”

Wednesday in The Christian Science Monitor, Warren Richey will have an article headlined “Why detainee trials got snagged over a word: No one has designated those held at Guantanamo Bay ‘unlawful’ combatants; Does it matter?

And from National Public Radio, this evening’s broadcast of “All Things Considered” contained an audio segment entitled “Guantanamo Trials Likely to Resume After Change.” Today’s broadcast of “Day to Day” contained an audio segment entitled “Dismissed Guantanamo Charges: Legal Implications” featuring Dahlia Lithwick. And today’s broadcast of “Morning Edition” contained an audio segment entitled “Guantanamo War Crimes Charges Dismissed.” RealPlayer is required to launch these audio segments.

You can access the dismissal orders here and here.

Posted at 8:12 PM by Howard Bashman



“Insurers must warn consumers about rates; Notification is required if a credit report boosts the price, justices rule”: David G. Savage has this article today in The Los Angeles Times.

Posted at 7:48 PM by Howard Bashman



“Broadcasters Win Appeal Of FCC’s Profanity Ruling”: This front page article appears today in The Washington Post.

Jim Puzzanghera of The Los Angeles Times reports today that “FCC efforts on indecency dealt setback; TV networks can’t be penalized for unscripted expletives, a court rules.”

The Washington Times reports that “Court deals serious blow to FCC expletive policy.”

law.com reports that “2nd Circuit Finds FCC’s Policy on ‘Fleeting Expletives’ Arbitrary; Fox Network wins challenge after facing sanction for entertainers’ language on awards show.”

Finally, from National Public Radio, this evening’s broadcast of “All Things Considered” contained an audio segment entitled “Federal Appeals Court Overrules FCC on Indecency.” And today’s broadcast of “Day to Day” contained an audio segment entitled “Court Backs Broadcasters on ‘Fleeting Expletives.’” RealPlayer is required to launch these audio segments.

My earlier coverage of yesterday’s Second Circuit ruling appears here and here.

Posted at 7:42 PM by Howard Bashman



“Judge orders jail time for Libby in CIA leak case; The former White House aide was sentenced to 2-1/2 years in jail, plus a fine of $250,000”: This article will appear Wednesday in The Christian Science Monitor.

At Time magazine’s web site, Reynolds Holding has an article headlined “Why Libby’s Sentence Was So Tough.”

And from National Public Radio, on this evening’s broadcast of “All Things Considered,” Nina Totenberg had an audio report entitled “Lewis Libby Sentenced to 30 Months in Jail.” Today’s broadcast of “Day to Day” contained an audio segment entitled “Libby Sentenced in CIA Leak Case.” And today’s broadcast of “Morning Edition” contained an audio segment entitled “Ex-White House Aide Libby Faces Sentencing” also featuring Nina Totenberg. RealPlayer is required to launch these audio segments.

Posted at 7:20 PM by Howard Bashman



“Best Buy attorney falsified e-mails; A Robins Kaplan attorney representing the retailer in a class-action suit admitted tampering with documents”: The Minneapolis Star Tribune today contains an article that begins, “Timothy Block, an attorney representing Best Buy Co. Inc., has admitted falsifying e-mails and e-mail attachments submitted in a multimillion-dollar class-action lawsuit in Seattle.”

law.com reports that “Firm’s Mea Culpa Adds Twist to Class Action Against Best Buy.”

And The Associated Press reports that “Lawyer Altered Docs in Best Buy Case.”

Posted at 5:48 PM by Howard Bashman



Third Circuit vacates lifetime ban on computers and internet access, and lifetime ban on possessing legal pornography, imposed as conditions of supervised release on man convicted of possessing child pornography: You can access today’s ruling at this link.

Posted at 4:30 PM by Howard Bashman



“Libby Sentenced to 30 Months in Prison, Fined $250K”: The Washington Post provides this news update, along with a news update headlined “Bush Faces Libby Pardon Dilemma.”

Reuters provides reports headlined “Ex-Cheney aide sentenced to 30 months in leak case” and “White House: Bush won’t intervene now in Libby case.”

The Associated Press reports that “Libby Sentenced to 2 1/2 Years in Prison” and “Bush Feels ‘Terrible’ for Libby.”

And Bloomberg News reports that “Libby, Ex-Cheney Aide, Gets Prison Term in CIA Case.”

Posted at 4:05 PM by Howard Bashman



“Government suggests grant in Beal case”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “U.S. Solicitor General Paul D. Clement urged the Supreme Court on Tuesday to grant review in a new Sentencing Guidelines case replacing one that has been ordered vacated, and suggested that the new case could be decided before the Court finishes the current Term, perhaps later this month.” You can access the court filing directly at this link.

Posted at 3:50 PM by Howard Bashman



Programming note: Today, I’ll be before the Superior Court of Pennsylvania for oral argument in the In re Mary and Emanuel Rosenfeld Foundation Trust appeal, a quite interesting case involving the imposition of a surcharge against trustees of a charitable trust for failure to diversify the trust’s holdings from the assets used to create the trust.

You can access online both the Brief for Appellants and the decision that is the subject of the appeal.

Additional posts will appear online here later today.

Posted at 6:40 AM by Howard Bashman



“Ruling Helps Prosecutors in Death Penalty Cases”: Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that “Ruling Affirms Judges’ Authority; High Court Backs Exclusion of Juror In Capital Case.”

David G. Savage of The Los Angeles Times reports that “Supreme Court, in 5-4 vote, restores death sentence in Washington murder case; In their fourth reversal this term of the 9th Circuit Court of Appeals, the justices support a trial judge’s decision to exclude a juror who had qualms about the death penalty.”

Joan Biskupic of USA Today reports that “Court reinstates death sentence.”

The Seattle Times reports that “U.S. Supreme Court reinstates death sentence.”

And The Seattle Post-Intelligencer reports that “High court reinstates killer’s death sentence; Justices split 5-4 in Washington state case.”

Posted at 6:35 AM by Howard Bashman



“N.J. justice offers ‘profound’ apology amid ethics inquiry; Rivera-Soto calls bid to help son innocent”: This article appeared Saturday in The Newark (N.J.) Star-Ledger.

The Philadelphia Inquirer reported on Saturday that “Judge ‘profoundly sorry’ for actions.”

And law.com reports that “N.J. Justice Admits Ethics Infraction Stemming From Involvement in Son’s Dispute.”

You can access the response to the judicial misconduct charges by clicking here. My earlier coverage appears at this link.

Posted at 6:32 AM by Howard Bashman



“A Bid to Litigate the Legality of U.S.-Sponsored Torture in Federal Court: Will It Succeed?” Anthony J. Sebok has this essay online today at FindLaw.

Posted at 6:12 AM by Howard Bashman