Available online from law.com: Shannon P. Duffy has an article headlined “3rd Circuit: ‘Cashed-Out’ Ex-Worker Has Standing to Sue Under ERISA.” You can access Tuesday’s Third Circuit ruling at this link.

In other news, “States Look for Ways to Gauge Judge Performance; Judicial evaluation programs catching on.”

And Marcia Coyle reports that “Patent Reform Finds Traction; Debate on damages, validity challenges.”

“State law restricting birth certificates for gay adopting parents is unconstitutional, appeals court says”: The Tulsa World provides a news update that begins, “The 10th U.S. Circuit Court of Appeals has ruled that a state law preventing gay couples from getting birth certificates for children adopted in other states is unconstitutional. The appeals court upheld a previous ruling by U.S. District Judge Robin Cauthorn.”

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

“I am unable to share the majority’s view that Bell Atlantic left our notice pleading jurisprudence intact.” A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit today issued this decision addressing the impact of the U.S. Supreme Court‘s recent ruling in Bell Atlantic Corp. v. Twombly. The quote that appears in the title of this post comes from Circuit Judge Joel M. Flaum‘s concurring opinion issued today.

“High Court Has No Rules Governing Health”: Mark Sherman of The Associated Press provides this report.

“Court rules FBI violated Constitution in Jefferson raid”: The Times-Picayune of New Orleans provides this news update.

This blog’s earlier coverage of today’s D.C. Circuit ruling appears at this link.

“[W]e conclude that, where a party forfeits an objection to the untimeliness of a [Federal] Rule [of Civil Procedure] 59(e) motion, that forfeiture makes the motion ‘timely’ for the purpose of [Federal] Rule [of Appellate Procedure] 4(a)(4)(A)(iv).” The U.S. Supreme Court‘s recent decisions in Kontrick v. Ryan, Eberhart v. United States, and Bowles v. Russell rear their ugly heads once again in this decision that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.

A federal appellate court considers the First Amendment free speech rights of public high school football players who despise their team’s coach: A partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this very interesting decision today in a case from Tennessee.

The issue that divides the majority from the judge who has issued a separate opinion concurring in the judgment is whether the students’ effort to obtain the firing of the football coach, which led to the students’ expulsion from the football team, was protected by the First Amendment. All three judges conclude, however, that the defendant school officials are entitled to summary judgment on the students’ lawsuit challenging the students’ expulsion from the team.

“Court: FBI Violated Constitution in Raid.” The Associated Press provides a report that begins, “The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson’s office last year and viewed legislative documents, a federal appeals court ruled Friday. The court ordered the Justice Department to return any privileged documents it seized from the Louisiana Democrat’s office on Capitol Hill. The court did not order the return of all the documents seized in the raid.”

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

“Southwick nomination cleared for final vote; Fate of former Miss. judge in hands of full Senate after bold Feinstein move”: The Clarion-Ledger of Jackson, Mississippi contains this article today.

“Flood victims lose on appeal; Court rules insurers don’t have to pay on Katrina levee claims”: This article appears today in USA Today.

And The Times-Picayune of New Orleans reports today that “Flood damage verdict overruled; Appeal judges say exclusion is clear.”

This blog’s earlier coverage of yesterday’s Fifth Circuit ruling appears at this link.

“Schools’ course since race ruling OK’d; Fall assignments won’t change”: The Louisville Courier-Journal today contains an article that begins, “Jefferson County Public Schools’ decision to stop using race for new student assignments and transfers is “entirely consistent with the U.S. Supreme Court’s decision,” a federal judge said yesterday. In a court hearing, Chief U.S. District Judge John Heyburn said the high court’s recent 5-4 decision allows the district to adopt any plan it wants by any date — as long as it doesn’t use race to assign individual students to schools.”

“Witness for Padilla presents strong testimony; The Jose Padilla trial in Miami federal court neared its conclusion with strong defense testimony”: Jay Weaver has this article today in The Miami Herald.

The Los Angeles Times reports today that “Padilla trial defense cites relief work; Jurors see video of Muslim aid efforts by the defendants’ organization; Closing arguments are near.”

And The South Florida Sun-Sentinel reports that “Jose Padilla attorneys refrain from defense in Miami terrorism trial; Strategy may carry risks for suspect.”

“State high court rules California can’t restrict cigarette ads aimed at kids”: Bob Egelko has this article today in The San Francisco Chronicle.

And law.com reports that “Calif. Justices Snuff Suit Aimed at Joe Camel; State’s high court finds that federal law pre-empts a suit in state court alleging that tobacco companies marketed to kids.”

You can access yesterday’s ruling of the Supreme Court of California at this link.

“Roberts’ seizure shows fragility of high court”: This article appeared Wednesday in The Sacramento Bee.

“Reservations beyond the law: A legal loophole allows non-Indians who victimize Indian women and kids on reservations to escape justice.” Law Professor Gavin Clarkson has this op-ed today in The Los Angeles Times.

“Ruling Limited Spying Efforts; Move to Amend FISA Sparked by Judge’s Decision”: This front page article appears today in The Washington Post.

“D.C. Cannot Control Prescription Drug Prices, Court Rules”: The Washington Post today contains this article reporting on a ruling that the U.S. Court of Appeals for the Federal Circuit issued on Wednesday. My earlier coverage of that ruling appears at this link.

“Commission Weighs Future of Litigious Judge”: Today in The Washington Post, Metro columnist Marc Fisher has an essay that begins, “By the middle of next week, Roy Pearson, the D.C. administrative law judge who sued his neighborhood dry cleaners for $54 million and lost, will receive a letter that starts the process that could put him out of a job.”

“Bush Aide Addresses Missing RNC E-Mails; At Senate Hearing, Jennings Is Silent on U.S. Attorneys’ Firings; Rove Is Absent”: This article appeared today in The Washington Post.

Today in The New York Times, Neil A. Lewis reports that “White House Aide Won’t Answer Questions of a Senate Panel.”

And The Los Angeles Times reports that “No-show, no help in U.S. attorney probe; Rove claims executive privilege and another witness declines to answer many questions.”

“Judge Backs C.I.A. in Suit on Memoir”: Today in The New York Times, Adam Liptak has an article that begins, “Valerie Wilson may be the best known former intelligence operative in recent history, but a federal judge in New York ruled Wednesday that she was not allowed to say how long she worked for the Central Intelligence Agency in the memoir she plans to publish this fall.”

“Homelessness Could Mean Life in Prison for Offender”: The New York Times today contains an article that begins, “A sex offender who was unable to register his address with state officials because he was homeless is facing life in prison for violating a new registry law that politicians in Georgia have hailed as the nation’s toughest.”

“No Hate Required for Hate Crime in Gay Man’s Death, Judge Rules”: This article appears today in The New York Times.

“Stampeding Congress, Again”: The New York Times today contains an editorial that begins, “Since the 9/11 terrorist attacks, the Bush administration has repeatedly demonstrated that it does not feel bound by the law or the Constitution when it comes to the war on terror.”

And The Los Angeles Times today contains an editorial entitled “Don’t rush to modify FISA: Limited changes can be made quickly, but save the heavy lifting for after Congress’ recess.”

“Case involves a collision of rights; Calif. doctors accused of using faith to violate law against anti-gay bias”: Today’s issue of USA Today contains an article that begins, “When does the freedom to practice religion become discrimination? The California Supreme Court is being asked to answer that question when it hears a legal dispute between a lesbian mom and two doctors who refused to artificially inseminate her for religious reasons.” The newspaper also contains a related article headlined “Some doctors refuse services for religious reasons.”

In commentary available online from FindLaw: Elaine Cassel has an essay entitled “Chief Justice Roberts’s Health, After His Recent Seizure: What We Know, What We Don’t Know, and What We May Never Know.”

And Vikram David Amar has an essay entitled “The California Supreme Court Upholds a State Ban on Importing Kangaroo: A Case About State/Federal Legal Conflict that Might Interest the U.S. Supreme Court.”