How Appealing

Thursday, September 25, 2008

Grilled Nacchio's: The latest version of The Denver Post's news update is headlined "Appellate judges grill Nacchio's lawyer."

The article reports that "[b]ased on the judges' questions, a pair of legal experts who heard the arguments predicted that the court will rule against Nacchio."
Posted at 08:50 PM by Howard Bashman



"Ninth Circuit Hosts Law Clerk Orientation": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 08:44 PM by Howard Bashman


"Nacchio case goes to full court; Oral arguments take 40 minutes, decision to come in months ahead": The Rocky Mountain News provides this update.

And The Denver Post provides a news update headlined "Court hears Nacchio appeal of conviction."
Posted at 04:40 PM by Howard Bashman



"Pa. high court says newspaper can protect source": The Associated Press provides a report that begins, "The Pennsylvania Supreme Court ruled that a newspaper reporter does not need to reveal the identity of a confidential source used in a story about a grand jury investigation into alleged prison brutality. The 4-1 decision dated Wednesday and released Thursday upholds a lower court ruling that sided with Jennifer Henn and her former employer, the Times-Tribune of Scranton."

Yesterday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion.
Posted at 04:23 PM by Howard Bashman



"When Judges Make Foreign Policy": Law Professor Noah Feldman will have this article in this upcoming Sunday's issue of The New York Times Magazine.

The article begins, "Every generation gets the Constitution that it deserves. As the central preoccupations of an era make their way into the legal system, the Supreme Court eventually weighs in, and nine lawyers in robes become oracles of our national identity."
Posted at 03:24 PM by Howard Bashman



Federal Circuit affirms decision granting judgment as a matter of law in favor of Microsoft after jury awarded $1.5 billion to Lucent Technologies for alleged infringement of patents for compressing digital audio files: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

In early coverage of today's ruling, Bloomberg News reports that "Microsoft Doesn't Have to Pay $1.5 Billion Claim, Court Says."

And you can access an earlier industry publication report on the jury's verdict by clicking here.
Posted at 12:15 PM by Howard Bashman



"W.Va. court accepts appeals in $400m DuPont case": The Associated Press provides a report that begins, "West Virginia's Supreme Court has agreed to a full review of appeals arising from a nearly $400 million judgment against DuPont."
Posted at 11:55 AM by Howard Bashman


"Anthrax Suspect E-Mailed Himself About Solving the Case": This article appears today in The Washington Post.

The New York Times reports today that "Anthrax-Case Affidavits Add to Bizarre Portrait."

And USA Today reports that "FBI investigation did not analyze anthrax from biodefense lab; Samples taken after Bruce Ivins covered 2001 contamination."
Posted at 10:00 AM by Howard Bashman



"Court says Ivory Coast farmworkers in pesticide suit can't allege genocide; A federal appellate panel rules in a suit that claims nearly 700 people were made sterile by exposure to DBCP; The plaintiffs are Shell Oil, Dow Chemical, Dole and O.C.-based Amvac Chemical": Carol J. Williams has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Ivory Coast workers can't sue firms in U.S."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:54 AM by Howard Bashman



"Philip Morris sues S.F. over tobacco sales ban": The San Francisco Chronicle today contains an article that begins, "Philip Morris USA, the nation's largest tobacco company, filed suit in federal court Wednesday, arguing the city of San Francisco has unconstitutionally banned pharmacies from selling tobacco products. It is the second company to sue the city over the new ban, due to take effect Oct. 1; Walgreens filed suit earlier this month in Superior Court. Philip Morris is arguing that it has a First Amendment right of free expression to sell its products."
Posted at 09:50 AM by Howard Bashman


"No on Prop. 4: Proposition 4 isn't really about parental notification; it's an attack on the right to an abortion." This editorial appears today in The Los Angeles Times.
Posted at 09:48 AM by Howard Bashman


"Pastors plan to defy IRS ban on political speech; Ministers will intentionally violate ban on campaigning by nonprofits in hopes of generating a test case": The Los Angeles Times contains this article today.
Posted at 09:47 AM by Howard Bashman


"Orange County expert on federal prisons spoke from experience; Howard O. Kieffer, founder of Federal Defense Associates in Santa Ana, was incarcerated from 1989 to 1993; Now he is accused of submitting a false document to practice law in North Dakota": This article appears today in The Los Angeles Times.

And this past Sunday, The Duluth News Tribune published an article headlined "The strange journey of Howard Kieffer" and an editorial entitled "Let's get authorities on the same page."
Posted at 09:44 AM by Howard Bashman



"What you need to know about Nacchio appeal": The Rocky Mountain News provides this preview of today's en banc oral argument before the U.S. Court of Appeals for the Tenth Circuit. Edwin Kneedler will argue the case for the federal government, while Maureen Mahoney will argue the case for Nacchio.

And The Associated Press reports that "Appeals court reviews ruling on former Qwest CEO."
Posted at 09:30 AM by Howard Bashman



"Lawmaker Asks Court To Dismiss Charges": Today in The Washington Post, Jerry Markon has an article that begins, "Nearly all of the corruption charges against U.S. Rep. William J. Jefferson should be dismissed because prosecutors improperly presented evidence of his legislative activities to a grand jury, attorneys for the Louisiana Democrat told a federal appeals court Wednesday."

And today in The Times-Picayune of New Orleans, Bruce Alpert reports that "Jefferson appeal moves before panel of judges; 'Speech and Debate' cited by attorneys."
Posted at 09:27 AM by Howard Bashman



"Supreme Court 2.0: From term limits to circuit riding to cameras in the courtroom, rethinking, reforming and re-engineering the top bench." Richard Brust will have this article in the October 2008 issue of ABA Journal magazine.
Posted at 09:07 AM by Howard Bashman


"Judge declines to recuse himself from a 9/11 trial; A Marine Corps judge declined to recuse himself from a 9/11 mass murder trial despite arguments from an alleged al Qaeda kingpin that Guantanamo military commissions are an 'inquisition.'" Carol Rosenberg has this article today in The Miami Herald.
Posted at 08:54 AM by Howard Bashman


"Guantanamo Prosecutor Is Quitting in Dispute Over a Case": This article appears today in The New York Times.

The Washington Post reports today that "Guantanamo Prosecutor Quits, Says Evidence Was Withheld."

Carol Rosenberg of The Miami Herald reports that "Army prosecutor quits Gitmo war court case; In the latest Guantanamo war court tempest, a reserve prosecutor leaves service early in a dispute over whether to settle a terror case."

The Los Angeles Times reports that "Guantanamo prosecutor quits amid controversy; The Army reservist was concerned about a lack of due process for war crimes defendant, two defense attorneys say; A tribunal official denies their claims."

And The Associated Press reports that "Guantanamo prosecutor quits over detainee case."
Posted at 08:48 AM by Howard Bashman



"Ruling in Qualcomm-Broadcom Fight Brings Back Opinion Letters for Patent Cases": law.com provides this report.

The Associated Press reports that "Appeals court sides with Broadcom in patent case."

And at the "Patently-O" blog, Dennis Crouch has this related post.

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 08:37 AM by Howard Bashman



"Bush Aides Linked to Talks on Interrogations": The New York Times today contains an article that begins, "Senior White House officials played a central role in deliberations in the spring of 2002 about whether the Central Intelligence Agency could legally use harsh interrogation techniques while questioning an operative of Al Qaeda, Abu Zubaydah, according to newly released documents."

And The Washington Post reports today that "Top Officials Knew in 2002 of Harsh Interrogations."
Posted at 08:27 AM by Howard Bashman



"The Judge Says: Don't Get Pregnant; A Lapsed Law Now Sees New Life." Dan Slater has this article today in The Wall Street Journal.
Posted at 08:24 AM by Howard Bashman






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