How Appealing

Thursday, August 29, 2013

"No circuit split on charity-only settlements: Facebook, Public Citizen." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:22 PM by Howard Bashman


"Appeals Court Upholds School Discipline for Off-Campus Threats": At the "School Law" blog of Education Week, Mark Walsh has this post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:26 PM by Howard Bashman


"Court withdraws ruling in BP insurance dispute": The Associated Press has a report that begins, "A federal appeals court reversed course Thursday on its earlier ruling favoring BP in a multimillion-dollar insurance dispute, handing at least a temporary setback to the energy giant as it seeks to defray some of the enormous costs associated with the huge 2010 Gulf oil spill."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit -- vacating the earlier decision and certifying questions to the Supreme Court of Texas -- at this link.
Posted at 04:11 PM by Howard Bashman



"The majority's holding that use of a thermal lance, when ignited to burn through and melt metal automated teller machine vaults during a bank robbery, does not involve the use of fire under 18 U.S.C. sec. 844(h)(1) is counter to the ordinary and common definition of fire." So writes Circuit Judge Mary H. Murguia, dissenting from a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Too Hot to Handle, but Not Fire."
Posted at 03:28 PM by Howard Bashman



"I write individually to acknowledge 'the elephant in the room': to whom does one go for review when an application for an exemption from PACER fees has been denied?" So begins a concurring opinion that Circuit Judge Diarmuid F. O'Scannlain issued today. Judge O'Scannlain also wrote the opinion of the court (but sadly no dissenting opinion, thereby missing the appellate judging trifecta by that much) that the U.S. Court of Appeals for the Ninth Circuit issued today dismissing for lack of appellate jurisdiction an appeal filed by two journalists with the Center for Investigative Reporting.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Reporters Must Pay for Court Documents."
Posted at 03:22 PM by Howard Bashman



"New York's Highest Court to Hear Appeals in Fracking Case": Bloomberg News has this report.
Posted at 01:48 PM by Howard Bashman


"California gay conversion therapy ban upheld": Howard Mintz of The San Jose Mercury News has this update.

Bloomberg News reports that "California Gay Conversion Therapy Ban Upheld in Appeal."

And The Associated Press reports that "Court upholds 1st ban on gay-to-straight therapy."

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

Update:Maura Dolan of The Los Angeles Times has a news update headlined "Court upholds law banning therapy to change sexual orientation."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Gay Conversion Therapy Ban Upheld."
Posted at 01:45 PM by Howard Bashman



"Prison rift deepens among California Democrats": Today's edition of The Sacramento Bee contains a front page article that begins, "Senate leader Darrell Steinberg has rejected Gov. Jerry Brown's plan to spend $315 million on more prison beds and is instead urging him to settle the lawsuit brought by inmate advocates who have convinced the courts that California's prisons are inhumanely overcrowded."

And The Associated Press reports that "Dems spar over plan to reduce Calif inmate count."
Posted at 10:32 AM by Howard Bashman



"California juice maker waging court battles on two fronts": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 10:28 AM by Howard Bashman


"Amazon asks Supreme Court to hear N.Y. state sales-tax case; The online retailer has hired former U.S. Solicitor General Theodore B. Olson to convince the nation's highest court to review the constitutionality of a New York tax law": This article appears today in The Seattle Times.

And WSJ.com's "Digits" blog has a post titled "Amazon Asks Supreme Court to Decide Sales Tax Fight."
Posted at 08:42 AM by Howard Bashman



"Township files brief to Supreme Court in Mt. Holly Gardens case": The Burlington County (N.J.) Times has this report.
Posted at 08:40 AM by Howard Bashman


"First year reader: U.S. Supreme Court Justice Sonia Sotomayor to speak at UD Sept. 19." The University of Delaware issued this news release yesterday.
Posted at 08:30 AM by Howard Bashman






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