How Appealing

Wednesday, August 27, 2014

Tenth Circuit considers applicability of NLRB v. Noel Canning to NLRB member appointed during an intra-session recess exceeding two weeks: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

And, because Circuit Judge Neil M. Gorsuch is the opinion's author, you are guaranteed a very well-written and highly readable decision.
Posted at 10:54 PM by Howard Bashman



"Christian evangelists lose appeal over police action at 2012 Detroit-area Arab festival": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:36 PM by Howard Bashman


"Convictions of Amish Sect Leader and Followers Overturned in Hair-Cutting Attacks": Erik Eckholm will have this article in Thursday's edition of The New York Times.

And Torsten Ove of The Pittsburgh Post-Gazette has a news update headlined "U.S. appeals court in Ohio overturns hate crime convictions of 16 Amish."

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 10:32 PM by Howard Bashman



"Sarah Parker leaves legacy on Supreme Court": The Charlotte Observer has this report.

And the newspaper also has a related editorial titled "How old is too old for judges?"
Posted at 10:26 PM by Howard Bashman



"Florida court fast-tracks key gay marriage case to state Supreme Court; In a somewhat unusual move, a Florida court directly referred a case involving the divorce of a same-sex couple to the state Supreme Court; The high court's decision could make Florida the 20th state to legalize gay marriage": Warren Richey of The Christian Science Monitor has this report.
Posted at 10:18 PM by Howard Bashman


"Timothy Wu for Lieutenant Governor": This editorial will appear in Thursday's edition of The New York Times.
Posted at 09:58 PM by Howard Bashman


"Checking In on the Town of Greece: The town set a new prayer policy, and -- surprise, surprise -- it doesn't include atheists." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:30 PM by Howard Bashman


"Judge finalizes 'Sister Wives' ruling as both sides prepare for appeals": Nate Carlisle of The Salt Lake Tribune has this news update.
Posted at 09:22 PM by Howard Bashman


"Court to FedEx: Your drivers are full time, entitled to benefits." Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Lawsuit targeting FedEx-driver work conditions can proceed."

Amanda Becker of Reuters reports that "U.S. court clears FedEx Ground drivers to pursue wage, benefit claims."

Dave Jamieson of The Huffington Post reports that "Reagan Appointee 'Unravels FedEx's Business Model' In Court Ruling."

Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued two related decisions in these cases, and you can access the rulings here and here.
Posted at 08:40 PM by Howard Bashman



"Gay marriage advocates to urge top court to strike down state bans": Lawrence Hurley of Reuters has this report.
Posted at 08:20 PM by Howard Bashman


"Landmark civil rights legal records deleted from Pacer": BBC News has this report.

At "Boing Boing," Cory Doctorow has a post titled "As Office of US Courts withdraws records for five top benches, can we make them open?"

And Jeff John Roberts of Gigaom has a post titled "Why the federal court record system PACER is so broken, and how to fix it."
Posted at 08:12 PM by Howard Bashman



"A bench slap portends trouble in paradise": Last Friday at his "Hercules and the Umpire" blog, Senior U.S. District Judge Richard G. Kopf had a post that begins "This post is about politics within the federal judiciary. It also about pecking order within the hierarchy of the federal judiciary. While I don't care a bit about the substantive issue, the dispute I am about describe is fascinating because it has the potential of setting up a battle of judicial titans and I am a voyeur."
Posted at 08:02 PM by Howard Bashman


"Plebiscite appeal heard: 9th Circuit judges take on political status vote." The Pacific Daily News of Guam has this report.

A photograph accompanying the article shows that Circuit Judge N. Randy Smith did his usual pre-argument courtroom meet-and-greet before the session began.
Posted at 07:58 PM by Howard Bashman



"NOM's appeal denied to defend Oregon marriage law": The Salem Statesman Journal has a news update that begins, "The right of same-sex couples to marry in Oregon was further solidified Wednesday afternoon through a ruling issued by the 9th Circuit Court of Appeals."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:40 PM by Howard Bashman



"Offerman appeals judgment in bat attack case": The Associated Press has a report that begins, "Former major league baseball player Jose Offerman is appealing a federal court order that he pay $940,000 to a catcher injured during a minor league brawl in 2007."

Late last month, The Connecticut Post reported on the verdict in an article headlined "Jury awards Bluefish catcher $940k in bat-attack trial."

My earlier coverage of this matter -- linking to an article about the plaintiff, who is now a practicing attorney -- can be accessed here.
Posted at 01:27 PM by Howard Bashman



"Court rules records of threats against Kasich are not public": The Columbus (Ohio) Dispatch has a news update that begins, "The Ohio Supreme Court ruled today that records of threats against Gov. John Kasich are not public records since they contain information that could threaten the safety of the governor."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 01:22 PM by Howard Bashman



"Democrats embrace 'McCutcheon' decision; New 'jumbo' joint fundraising committee follows liberals' harsh criticism of Supreme Court ruling": The Center for Public Integrity has this report.
Posted at 01:18 PM by Howard Bashman


"State court: Workers' comp OK for kickball injury." The Associated Press has this report on a 3-to-2 ruling that the Supreme Court of South Carolina issued today.
Posted at 01:12 PM by Howard Bashman


"Appeal Judge Sees Tradition of Racism in Gay-Marriage Ban": Andrew Harris of Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman


"Court overturns convictions in Amish hair attacks": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.

Circuit Judge Jeffrey S. Sutton delivered the opinion for the majority on a divided three-judge panel.

U.S. District Judge Edmund A. Sargus, Jr. (S.D. Ohio) (sitting by designation) begins his dissenting opinion as follows:

This is the first appellate case involving a religious hate crime under the Hate Crimes Prevention Act of 2009, 18 U.S.C. sec. 249. While I respect the majority's efforts to construe a deceivingly simple, but actually complex, statute, I dissent. In my view, the majority has adopted an unduly restrictive interpretation of the statute.
You can access the dissenting opinion directly via this link.

Update: In other coverage, The Cleveland Plain Dealer has a news update headlined "Federal appeals court overturns Amish beard-cutting convictions, citing erroneous jury instructions."
Posted at 12:03 PM by Howard Bashman



"Katyal ice bucket challenge": Neal Katyal has today posted this video online at YouTube.
Posted at 11:47 AM by Howard Bashman


"U.S. District Judge Mark Fuller should resign": Today's edition of The Montgomery (Ala.) Advertiser contains an editorial that begins, "A federal judgeship exemplifies the concept of an office of public trust, perhaps more than any other. Federal judges wield great authority and exercise great influence in the judicial system -- and they do so with the Constitution's provision of a lifetime appointment."
Posted at 10:04 AM by Howard Bashman


"Supreme Court may take up D.C. drug case; Civil liberties groups see judicial overreach": Jim McElhatton of The Washington Times has this report.
Posted at 10:02 AM by Howard Bashman


"Cleveland's 'jock tax' is legally justifiable, state tells Supreme Court": The Cleveland Plain Dealer has this report.

You can view the State of Ohio's amicus brief at this link, while the brief for appellant -- former Chicago Bears linebacker Hunter T. Hillenmeyer -- can be accessed here.
Posted at 09:57 AM by Howard Bashman



"In Boise, Justice Scalia calls Idaho water review 'a great state triumph'; The state asserts its authority by securing water rights along with those of Indian tribes": The Idaho Statesman has this report.
Posted at 08:24 AM by Howard Bashman






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