How Appealing

Thursday, October 16, 2008

"Judge: Evidence admissible." Yesterday's edition of The Erie (Pa.) Times-News contained an article that begins, "The prosecution will get to paint a picture of former state Superior Court Judge Michael T. Joyce's activities and finances before and after the August 2001 slow-speed collision he said left him severely injured. Jurors will hear that before Joyce won a $440,000 insurance settlement, he was camping out in his judicial chambers amid a breakup with his girlfriend and that he told his landlord that he could only afford to pay $100 rent. They will hear about a 'spending spree' the prosecution said Joyce went on after the settlement, buying, among other things, a Harley-Davidson motorcycle, a plane, a house and a hot tub, and spending $6,000 for cosmetic surgery for the woman who is now his wife. They also will hear how Joyce went in-line skating at Presque Isle State Park on Sept. 2, 2002, while his insurance claims, based on debilitating neck and back injuries, were pending."

Trial on these federal criminal charges is scheduled to begin next week in Pittsburgh.
Posted at 10:52 PM by Howard Bashman



"$3.1M verdict upheld for Bulger victim": The Boston Herald today provides a news update that begins, "In a financially crippling vote of low confidence in the Department of Justice, the U.S. Court of Appeals for the First Circuit this afternoon upheld the $3.1 million in damages awarded the family of James 'Whitey' Bulger victim John McIntyre in September 2006 by U.S. District Court Judge Reginald C. Lindsay."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:27 PM by Howard Bashman



"Judge Nottingham resigning amid misconduct complaints": The Rocky Mountain News provides an update that begins, "Chief U.S. District Judge Edward Nottingham is stepping down from the federal bench, sources said today. Nottingham, who has been the subject of several judicial misconduct complaints in recent months, could not immediately be reached for comment. He has not issued any official statement, but three sources with knowledge of his decision confirmed his plans."

Update: A report headlined "Chief judge expected to resign over new allegations" from NBC News affiliate 9News.com of Denver begins, "9Wants to Know has learned that Chief Federal Judge Edward Nottingham of Colorado is expected to resign after he learned of new allegations against him from a former prostitute who claims the judge asked her to lie to investigators and not tell them he paid her for sex."

MyFOXColorado.com reports that "Judge Nottingham Resigning."

And cbs4denver.com reports that "Controversy Has Trailed Colorado's Chief US Judge; Reports Indicate Judge Edward Nottingham Will Be Stepping Down."
Posted at 04:57 PM by Howard Bashman



"A Lawyer Interested In Upping the Ante": The first item in today's installment of "The Reliable Source" column in The Washington Post is about attorney Tom Goldstein of "SCOTUSblog" fame.
Posted at 02:42 PM by Howard Bashman


"Ohio court: Law on asbestos may be retroactive." The Associated Press provides a report that begins, "The Ohio Supreme Court has ruled that a 2004 law imposing stricter rules on those suing for asbestos-related injuries can be applied to cases pending before the legislation was passed, a move that could frustrate thousands of people seeking claims. The 6-1 decision Wednesday means that many of the 40,000 Ohio cases filed before the law was enacted are likely to be dismissed. It also has potential ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance."

You can access yesterday's ruling of the Supreme Court of Ohio at this link. In addition, the court's Office of Public Information has issued a summary of the ruling headlined "2004 Bill Changing Asbestos Lawsuit Procedures May Be Applied to Cases Filed Before Law Changed."
Posted at 02:24 PM by Howard Bashman



"School Efforts to Stem Violence Offer A Textbook Case of Limits on Speech": Dan Slater has this article today in The Wall Street Journal.
Posted at 08:35 AM by Howard Bashman


"Counsel picked for Porteous probe; House panel trumpets lawyer's track record": The Times-Picayune of New Orleans today contains an article that begins, "A veteran Washington lawyer who helped oversee the impeachments of two federal judges in the 1980s was selected Wednesday by the House Judiciary Committee to lead its impeachment inquiry of federal Judge Thomas Porteous. Chosen for the high-profile job was Alan Barron, a partner with the Washington firm of Holland & Knight."
Posted at 08:22 AM by Howard Bashman


"Ruling May Impede Thousands of Ohio Voters": The New York Times today contains an article that begins, "More than 200,000 registered Ohio voters may be blocked from casting regular ballots on Election Day because of a federal appeals court decision on Tuesday requiring the disclosure of lists of voters whose names did not match those on government databases, state election officials and voting experts said."

And The Associated Press reports that "Ohio elections chief appeals court ruling."

The application for a stay that the State of Ohio filed yesterday in the U.S. Supreme Court can be viewed at this link (via "Election Law" blog).

My earlier coverage of Tuesday's en banc Sixth Circuit ruling appears at this link.
Posted at 08:05 AM by Howard Bashman



Available online from law.com: Marcia Coyle of The National Law Journal reports that "High Court Declines to Review FedEx Disability Discrimination Case."

And Shannon P. Duffy of The Legal Intelligencer reports that "Visiting Panel of Judges to Hear Suit Over Pa. Judges' Pay Raise."
Posted at 07:54 AM by Howard Bashman







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