How Appealing

Tuesday, October 9, 2007

Dahlia Lithwick of Slate and Jan Crawford Greenburg of ABC News discuss Justice Clarence Thomas's book on You can view the webcast by clicking here.
Posted at 11:08 PM by Howard Bashman

"Roberts, Alito Appear Skeptical Of Plaintiffs' Arguments in Stoneridge": Jess Bravin and Kara Scannell will have this article Wednesday in The Wall Street Journal.
Posted at 10:57 PM by Howard Bashman

Linda Greenhouse is reporting: Wednesday in The New York Times, she will have articles headlined "Plaintiffs Face Skeptical Court in Key Fraud Case" and "Supreme Court Refuses to Hear Torture Appeal."
Posted at 10:44 PM by Howard Bashman

"The Justice Looks Back and Settles Old Scores": In Wednesday's edition of The New York Times, William Grimes will have this review of Justice Clarence Thomas's new book, "My Grandfather's Son: A Memoir."
Posted at 10:32 PM by Howard Bashman

Greg Stohr of Bloomberg News is reporting: He has articles headlined "Shareholder Suits Against Vendors, Banks Questioned" and "German Alleging CIA Abduction Rejected by U.S. Supreme Court."
Posted at 10:17 PM by Howard Bashman

"Blinded teen seeks to compel use of unpublished court rulings": Michael Doyle of McClatchy Newspapers has an article that begins, "An errant paintball partially blinded Joshua Hild. It also opened his eyes to how courts work. Hild of Fresno County, Calif., won $704,633 in a civil lawsuit, only to lose the award in appeals court. Now, in a potentially ground-breaking federal lawsuit, the former resident of tiny Big Creek is challenging how judicial opinions are used while he gets a crash course in the law."

According to the article, "The 19-year-old restaurant worker is suing the California Supreme Court to reverse its practice of largely ignoring unpublished court opinions. In California, these opinions disposing of routine cases can't be cited as precedent. They also become difficult to appeal."
Posted at 08:57 PM by Howard Bashman

"Supreme Court leans toward business in fraud case": Michael Doyle of McClatchy Newspapers provides this report.

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Court Considers Investors' Rights in Stock Fraud" (RealPlayer required).
Posted at 08:54 PM by Howard Bashman

"Supreme Court Refuses to Hear Torture Appeal": Linda Greenhouse of The New York Times provides this news update.
Posted at 08:47 PM by Howard Bashman

"Rendition: High court refuses to hear the claims of a German man who says he was abducted and tortured by the CIA." This audio segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here & Now."
Posted at 06:00 PM by Howard Bashman

"Justice Is...Mute: With the opening of the Supreme Court's new term this week, Jeffrey Toobin's recently published book might help shed light on the inner workings of the notoriously tight-lipped nine." This segment (transcript with links to audio) appeared on last Friday's broadcast of NPR's "On The Media" (via "LawBeat").
Posted at 05:55 PM by Howard Bashman

"Punishing Clarence Thomas": Sunday in The San Diego Union-Tribune, columnist Ruben Navarrette Jr. had an op-ed that begins, "The confirmation hearings for Supreme Court Justice Clarence Thomas may be the ultimate Rorschach test. Americans look back at what transpired in that Senate hearing room in October 1991 and see what they want to see."

And today at Human Events Online, columnist Thomas Sowell has a two-part essay (access part one and part two) that begins, "It would be hard to think of anyone whose portrayal in the media differs more radically from the reality than that of Justice Clarence Thomas."
Posted at 05:45 PM by Howard Bashman

"New York Times U.S. Supreme Court correspondent to speak at U of M Law School": The University of Minnesota today issued a news release that begins, "Linda Greenhouse, long-time U.S. Supreme Court correspondent for The New York Times, will give the University of Minnesota Law School's Horatio Ellsworth Kellar Distinguished Visitors Lecture for 2007. It will be presented at 3:30 p.m. Monday, Oct. 22, in Willey Hall Auditorium (Room 125), 229 19th Ave. S., Minneapolis. This event is free and open to the public."
Posted at 05:37 PM by Howard Bashman

"Bush Admin., Texas Wrangle Over Death Penalty Case; Supreme Court to Examine State Sovereignty Fight Over Mexican National on Death Row": Ariane de Vogue has this report at
Posted at 05:35 PM by Howard Bashman

"LBJ talks of Thurgood Marshall, Vietnam in taped conversations": The Associated Press provides this report.
Posted at 05:34 PM by Howard Bashman

Access online the transcripts of today's U.S. Supreme Court oral arguments: You can now access the transcripts in Watson v. United States, No. 06-571, and Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., No. 06-43.
Posted at 05:30 PM by Howard Bashman

"Foul Ball Case Goes to Nevada Supreme Court": The Associated Press provides this report.
Posted at 03:55 PM by Howard Bashman

"Case Pits Texas Against International Court": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:45 PM by Howard Bashman

"Chief U.S. justice questions 3rd-party lawsuits": Reuters provides this report.
Posted at 02:50 PM by Howard Bashman

"Supreme Court won't hear the appeal of apparent CIA victim": David G. Savage of The Los Angeles Times provides a news update that begins, "The Supreme Court today refused to give a hearing to a German man who says he was wrongly abducted, imprisoned and tortured by the CIA in a case of mistaken identity."

And Robert Barnes of The Washington Post provides a news update headlined "Court Declines Case of Alleged CIA Torture Victim."
Posted at 02:35 PM by Howard Bashman

"In a twist, high court case sets Bush against Texas; A Mexican national's death sentence will have Supreme Court justices sorting out US treaty obligations, federal vs. state powers, and World Court rulings": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 02:30 PM by Howard Bashman

"Skeptical Court Considers Investors Case": Pete Yost of The Associated Press provides this report.

Dow Jones Newswires reports that "Key Justices Resist 3rd-Party Liability In Securities Suits."

And MarketWatch reports that "Supreme Court hears securities fraud case; Outcome could affect Enron investors' ability to sue."
Posted at 02:25 PM by Howard Bashman

"We must decide the proper burden of proof to be borne by the removing defendant when plaintiffs move to remand the case to state court and their complaint alleges damages less than the jurisdictional threshold for diversity cases but does not specify a total amount in controversy." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. Circuit Judge Diarmuid F. O'Scannlain wrote both the opinion of the court, noting that the Ninth Circuit has employed three arguably conflicting tests, and a concurring opinion, explaining which approach he views as best.
Posted at 01:32 PM by Howard Bashman

Is California's statutory rape law, which makes it a crime to engage in intercourse with a minor who is under 16 years of age when the perpetrator is 21 years of age or older, categorically a crime involving moral turpitude? By a vote of 2-1, today a panel of the U.S. Court of Appeals for the Ninth Circuit issued this ruling answering "no."
Posted at 01:23 PM by Howard Bashman

"No big threat to investment houses": At "SCOTUSblog," Lyle Denniston provides this recap of today's U.S. Supreme Court oral argument in Stoneridge Investment Partners v. Scientific-Atlanta, No. 06-43.
Posted at 01:08 PM by Howard Bashman

"Mukasey Backs Special Courts for Terror Suspects": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:54 AM by Howard Bashman

"Court to hear gay divorce argument": The Providence Journal today contains an article that begins, "The state Supreme Court will hear arguments this morning in Rhode Island's first same-sex divorce case."
Posted at 10:38 AM by Howard Bashman

"Supreme Court to Examine Scope of Investor Rights; Case Could Decide Whether Investors Can Pursue Firms That Aided Enron-Like Fraud": Ariane de Vogue has this report at

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Supreme Court Weighs Third Parties in Fraud" (RealPlayer required).
Posted at 10:32 AM by Howard Bashman

"Court grants no new cases, turns down CIA case": Lyle Denniston has this post at "SCOTUSblog."

Mark Sherman of The Associated Press reports that "Court Rejects Alleged CIA Kidnap Victim."

And Reuters reports that "Top court won't hear appeal in CIA torture case."

You can access today's U.S. Supreme Court Order List at this link.
Posted at 10:07 AM by Howard Bashman

"Error in major case tied to federal judge nominee": The Virginian-Pilot today contains an article that begins, "Two years ago, someone made a huge mistake at the Virginia Supreme Court -- a clerical error that cost a client a chance to win an $8 million appeal."

According to the article, "It was a simple goof -- someone forgot to file a trial transcript -- but it caused the Supreme Court to throw out an appeal of an $8 million jury verdict. The lead attorney for that appeal was E. Duncan Getchell Jr., who has been nominated by President Bush for a judgeship on the 4th Circuit Court of Appeals, based in Richmond."
Posted at 09:58 AM by Howard Bashman

"Handling of obscenity cases disputed; A Justice task force tackles small producers of porn's most extreme content; Conservative groups say it's not enough and many prosecutors say it's a waste of time": The Los Angeles Times contains this article today.
Posted at 08:54 AM by Howard Bashman

"Newspapers, bloggers now on same page; Journalistic websites see amateur scribes as partners, not rivals; They increase coverage and may share revenue": This article appears today in The Los Angeles Times.
Posted at 08:52 AM by Howard Bashman

"Democrats Seem Ready to Extend Wiretap Powers": The New York Times contains this article today.
Posted at 08:47 AM by Howard Bashman

"A First-Class Civil Rights Lesson: Stamp Commemorates Early Latino Victory Against Segregation." This article appears today in The Washington Post. You can view the postage stamp by clicking here (large image file).
Posted at 08:44 AM by Howard Bashman

"The Public's Right to Know": Today's edition of The New York Times contains an editorial that begins, "Efforts to enact a federal shield law for journalists have passed a critical milestone in the Senate."
Posted at 08:37 AM by Howard Bashman

"Political Parties, Under Challenge, Seem to Have Justices' Sympathy": Robert Barnes has this article today in The Washington Post.
Posted at 08:35 AM by Howard Bashman

"Sex Case to End After Defendant's Suicide": The New York Times today contains an article that begins, "Prosecutors plan to dismiss the case against a federal prosecutor who committed suicide in a Michigan prison after being accused of traveling there from Florida to have sex with a 5-year-old girl, the authorities said Monday."

And The Detroit News reports today that "Autopsy details lawyer suicide; Questions remain about death of man indicted in sex sting who hung sheet from shower head."
Posted at 08:33 AM by Howard Bashman

"Judge fighting subpoena to testify; He presided over terror trial in which ex-prosecutor is accused of obstructing": The Detroit News today contains an article that begins, "A Detroit federal judge is trying to stop the U.S. Justice Department from forcing him to testify in the criminal trial of former federal prosecutor Richard Convertino, which begins today. U.S. District Judge Gerald E. Rosen, who presided over the 2003 terrorism trial in which Convertino is accused of obstructing justice, filed a motion Friday to quash a government subpoena requiring him to testify at Convertino's trial."

Yesterday's newspaper, meanwhile, reported that "Terrorism prosecutor now is defendant."

And The Detroit Free Press reported yesterday that "Prosecutor to go on trial over conduct in terror case; Jury to decide whether he hid evidence."
Posted at 08:25 AM by Howard Bashman

"Recovered Emails Bedevil Qualcomm in Court": The Wall Street Journal contains this article today.
Posted at 08:12 AM by Howard Bashman

"Big-Money Battle Pits Business vs. Trial Bar; Supreme Court Case Could Open More Firms To Lawsuits Over Fraud": This front page article appears today in The Wall Street Journal. In addition, SEC Commissioner Paul Atkins has an op-ed entitled "Just Say 'No' to the Trial Lawyers."

And Pete Yost of The Associated Press reports that "High court to hear securities fraud case."
Posted at 08:10 AM by Howard Bashman

"The justice run amok": Today in The Boston Globe, columnist Derrick Z. Jackson has an op-ed that begins, "The bitterness in Clarence Thomas makes you wonder if he ever can realize that he won."

And today in The Wall Street Journal, Law Professor John Yoo has an op-ed entitled "The Real Clarence Thomas: His fidelity to the Constitution often leads to results liberals like."
Posted at 08:00 AM by Howard Bashman

Available online at An article reports that "Sports-Injury Plaintiffs Strike Out at Texas Appeals Court." The ruling consists of both a majority opinion and a dissenting opinion.

And Shannon P. Duffy reports that "$3 Million Verdict Reinstated for Real Estate Brokerage That Sued Its Lawyer, Insurer." You can access Friday's ruling of the Superior Court of Pennsylvania at this link. As I noted in this post on Friday, I served as co-counsel on appeal for plaintiffs-appellants and argued this appeal on their behalf.
Posted at 07:50 AM by Howard Bashman

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