How Appealing

Wednesday, October 14, 2009

"High Court Justices Doubt Lawyers Should Be Paid Extra for Winning": law.com's Tony Mauro has an article that begins, "The nine justices of the U.S. Supreme Court are all lawyers, but most showed little empathy for their fellow attorneys on Wednesday as they debated whether legal fee awards can be enhanced for superior performance or exceptional results under a federal fee-shifting statute."

You can access the transcript of today's U.S. Supreme Court oral argument in Perdue v. Kenny A., No. 08-970, at this link.
Posted at 11:24 PM by Howard Bashman



"William Jefferson's sentencing pushed back to Nov. 13": Bruce Alpert of The Times-Picayune of New Orleans has a news update in which he reports, among other things, that today "the 4th U.S. Circuit Court of Appeals released a March 2007 ruling that allowed the Justice Department to use material from Jefferson's congressional office."

You can access the Fourth Circuit's ruling from March 2007, unsealed today, at this link.
Posted at 10:52 PM by Howard Bashman



"Convictions of animal rights activists upheld": The Times of Trenton, New Jersey has a news update that begins, "A federal appeals court Wednesday upheld the convictions of six activists, including a Hamilton resident, found guilty of using their internet website to incite threats and harassment against a company that tests products on animals."

The three judges on the panel that issued today's ruling unanimously rejected the argument that the federal law known as the Animal Enterprise Protection Act violates the First Amendment.

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:38 PM by Howard Bashman



"Court decision seen as good sign for ex-Ala. gov": The Associated Press has a report that begins, "Attorneys for former Alabama Gov. Don Siegelman and ex-HealthSouth CEO Richard Scrushy said Wednesday they see a positive sign in the U.S. Supreme Court's decision to hear the appeal of former Enron CEO Jeff Skilling."
Posted at 10:18 PM by Howard Bashman


"Judge refuses to toss suit challenging Prop. 8": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal judge refused today to dismiss a lawsuit challenging California's ban on same-sex marriage, setting the stage for the nation's first trial on the constitutionality of a law allowing only opposite-sex couples to wed."

And Howard Mintz of The San Jose Mercury News has an update headlined "U.S. judge refuses Prop. 8 backers' request to dismiss gay-marriage case."

Update: The Associated Press reports that "Judge refuses to dismiss gay marriage ban lawsuit."
Posted at 05:52 PM by Howard Bashman



"$6.4M fine in Ohio for illegal practice of law": The Associated Press has a report that begins, "The Ohio Supreme Court on Wednesday ordered two estate planning companies and their co-owners to pay nearly $6.4 million, the state's largest-ever fine for the fraudulent practice of law."

And The Columbus (Ohio) Dispatch has a news update headlined "Companies that duped thousands of Ohio senior citizens fined $6.4 million."

You can access today's ruling of the Supreme Court of Ohio at this link. The court also issued a related news release headlined "Court Imposes $6.3 Million Civil Penalty on 'Trust Mill' Companies and Owners."
Posted at 05:15 PM by Howard Bashman



"N.J. Supreme Court hears libel case involving The Record's report on lawsuit": The Newark (N.J.) Star-Ledger has a news update that begins, "The state Supreme Court today considered the right of the press to report on court documents in cases that have not yet gone to trial. In a libel suit against the Record of Bergen County, a state appeals panel decided last year that media outlets should not be allowed to publish material from pretrial filings and may be sued if the allegations are determined to be false."
Posted at 03:57 PM by Howard Bashman


"Cases could affect gay marriage; How New York defines same-sex marriages could hinge on decisions by state high court": This article appears today in The Times Union of Albany, New York.

And The New York Times reports today that "Top State Court Hears Cases on Gay Marriage."
Posted at 03:54 PM by Howard Bashman



"Top NY court hears challenge to arena land-taking": The Associated Press has this report.
Posted at 03:50 PM by Howard Bashman


"Lawyers in federal appeals invariably frame their arguments in language taken from Supreme Court opinions. In this case, which involves a First Amendment issue, the lawyers have treated us to a barrage of unhelpful First Amendment jargon." So writes Circuit Judge Richard A. Posner in an opinion issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in a case about asbestos contamination at Illinois Beach State Park.
Posted at 03:45 PM by Howard Bashman


"Court may re-examine pretrial publicity": Tony Mauro has this news analysis online today at the First Amendment Center.
Posted at 03:18 PM by Howard Bashman


"Abu Ghraib appeal centers on military confusion": The Associated Press has this report.
Posted at 11:47 AM by Howard Bashman


"Leahy's Bench Press: Senate Democrats try to pack the federal courts." This editorial appeared yesterday in The Wall Street Journal.

Late yesterday, WSJ.com posted this response to the editorial from U.S. Senator Patrick J. Leahy (D-VT).
Posted at 10:20 AM by Howard Bashman



"Flores case is unlikely to end regardless of ruling": The Des Moines Register today contains an article that begins, "Terry Harrington spent 25 years behind bars before the Iowa Supreme Court decided he had been wrongfully convicted. Free now, the Omaha man is waiting for the U.S. Supreme Court to decide this fall whether he can sue the prosecutors who put him behind bars."
Posted at 08:39 AM by Howard Bashman


"Court Weighing Eminent Domain; New York Case Pits State Against Land Owners Opposing a New NBA Arena": This article appears today in The Wall Street Journal.
Posted at 08:34 AM by Howard Bashman


"Justices Seem Sympathetic to Defendant Given Bad Advice": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Justices Ponder Lawyers' Obligations; Man Facing Deportation Says Attorney Misadvised Him on Consequences of Plea."

The Louisville Courier-Journal reports that "High court hears Kentucky case on lawyers' duties."

And The Lexington Herald-Leader reports that "Supreme Court asks tough questions in Kentucky immigration case."
Posted at 08:32 AM by Howard Bashman



"3 back N.C. in water dispute; Charlotte, Duke Energy and a third group want to take part in Supreme Court case": This article appears today in The Charlotte Observer.

And The Greenville News reports today that "High court justices seem to side with state at water war hearing; Duke Energy, Charlotte want their say."
Posted at 08:27 AM by Howard Bashman



"Justices Weigh Rules on Recovering Seized Assets": Jess Bravin has this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.

And Chicago Public Radio reports that "Supreme Court to Look at Chicago Police Car Seizure Practices."
Posted at 08:24 AM by Howard Bashman



"Williams barred from visiting former driver's family": Today's edition of The Providence (R.I.) Journal contains an article that begins, "Frank J. Williams, the former chief justice of the Rhode Island Supreme Court, was barred on Tuesday from visiting or having any other contact with his 6-year-old goddaughter who is part of a messy divorce case."
Posted at 08:20 AM by Howard Bashman


"Supreme Court agrees to hear Skilling appeal; Former Enron CEO challenges fraud law": Joan Biskupic has this article today in USA Today.

And today in The Houston Chronicle, Mary Flood reports that "Supreme Court takes Jeff Skilling's case."
Posted at 08:04 AM by Howard Bashman







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