How Appealing



Wednesday, October 13, 2010

“6 names on list for chief of SJC; Patrick decision could come soon”: Today’s edition of The Boston Globe contains an article that begins, “The short list of candidates to replace Margaret H. Marshall, the retiring chief justice of the state Supreme Judicial Court, includes a federal court judge, a state Appeals Court justice, and three associate justices of the SJC, people familiar with the selection process said yesterday.”

Posted at 10:20 PM by Howard Bashman



“The Appellate Safety Valve: When Courts of Last Resort Decide To Overrule Precedent Sua Sponte.” That’s the title of this month’s installment of my “Upon Further Review” column, which appeared in Monday’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

The column focuses on a decision that the Supreme Court of Pennsylvania issued on September 29, 2010 following reargument in a case captioned Freed v. Geisinger Medical Ctr. That ruling conisted of a majority opinion, a concurring opinion, and two dissenting opinions (here and here).

Posted at 10:22 AM by Howard Bashman



“Lackawanna County doctor loses appeal in landmark malpractice case”: This article appears today in The Scranton (Pa.) Times-Tribune.

As very careful readers of this blog may recall, I briefed this case on behalf of the plaintiffs-appellees and presented oral argument on appeal in May 2010. Plaintiffs’ appellate brief and earlier news coverage can be accessed via this post.

You can access yesterday’s non-precedential ruling of the Superior Court of Pennsylvania at this link.

Posted at 10:04 AM by Howard Bashman



“Gore vs. the Supreme Court: The justices and the ‘CSI effect.'” Columnist Dana Milbank has this op-ed today in The Washington Post.

Posted at 7:38 AM by Howard Bashman



“Ternus decries anti-judge vote”: Today’s edition of The Des Moines Register contains an article that begins, “Iowa Supreme Court Chief Justice Marsha Ternus on Tuesday said that efforts to unseat justices because of last year’s gay-marriage ruling are an attempt to intimidate judges and force the opponents’ political beliefs on the courts.”

Posted at 7:36 AM by Howard Bashman