How Appealing



Wednesday, August 17, 2011

Second Circuit issues ruling in case captioned In re Literary Works in Elect. Databases Copyright Litig., on remand from the U.S. Supreme Court‘s ruling in Reed Elsevier, Inc. v. Muchnick: Today’s majority opinion of a three-judge Second Circuit panel summarizes the court’s holding as follows: “Although we reject objectors’ arguments regarding the release, we conclude that the district court abused its discretion in certifying the class and approving the Settlement, because the named plaintiffs failed to adequately represent the interests of all class members.”

As a result, the Second Circuit has vacated the district court’s order certifying the class and approving the settlement and has remanded the case for further proceedings.

Posted at 11:00 AM by Howard Bashman



“Madoff Trustee Wins Ruling on ‘Net Winners’; Appeals Court Finds Trustee Is Right to Pay Only ‘Net Losers’; ‘the Final Word on This Issue’?” The Wall Street Journal contains this article today.

The New York Times reports today that “Madoff Decision Is Significant Setback for Owners of Mets.”

USA Today reports that “Court ruling angers some Madoff investors.”

And New York Law Journal reports that “Circuit Sides With Madoff Trustee Over ‘Net Winners’ in Ponzi Scam.”

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

Posted at 8:45 AM by Howard Bashman



“Lawyers for Defendant in Giffords Shooting Seem to Be Searching for Illness”: This article appears today in The New York Times.

Posted at 8:44 AM by Howard Bashman



“ACLU sues state of Kansas over limits on abortion insurance”: Today’s edition of The Kansas City Star contains an article that begins, “A new Kansas law that bans insurers from providing elective abortion coverage is the state’s third abortion-related measure to draw a legal challenge this summer.”

Posted at 8:40 AM by Howard Bashman



“Newest justice is second woman to serve on state’s high court”: The Argus Leader of Sioux Falls, South Dakota contains this article today.

Posted at 8:33 AM by Howard Bashman



“New Blood at Federal Circuit; Recent appointees bring fresh viewpoints, which could alter fate of patent cases”: law.com has this report.

Posted at 7:48 AM by Howard Bashman