Wednesday, October 25, 2006
"New Jersey Court Backs Full Rights for Gay Couples": Thursday's edition of The New York Times will contain this article.
In addition, Adam Liptak will have a news update headlined "New Jersey’s Justices Agree on All but the 'M' Word."
Tomorrow's newspaper will also contain a related article headlined "As News Sinks In, Plaintiffs Who Call Themselves 'Second-Class Citizens' Are Optimistic."
"N.J. Ruling Mandates Rights for Gay Unions; State Court Does Not Specify 'Marriage'": This front page article will appear Thursday in The Washington Post.
Available online from law.com: An article reports that "N.J. Supreme Court Punts Same-Sex Marriage to Legislature."
In other news, "'Bong Hits' Banner Gives Supreme Court Chance to Clear the Air on Student Speech." The cert. petition can be accessed here.
An article reports that "Calif. Court Rejects Chaplain's SLAPP Action Against Pledge Challenger Newdow." My earlier coverage appears here and here.
And in other news, "N.Y. Bar Groups Seek Changes in Advertising Restrictions."
"The Comma That Costs 1 Million Dollars (Canadian)": The New York Times today contains an article that begins, "If there is a moral to the story about a contract dispute between Canadian companies, this is it: Pay attention in grammar class."
And The Toronto Globe and Mail last week published an article headlined "A $2-million comma? Au contraire, Rogers tells Aliant."
On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "New Jersey Court Rules for Same-Sex Rights" and "Million-Dollar Comma May Aid Canadian Company" (RealPlayer required).
Posted at 08:54 PM by Howard Bashman
"A Private Affair: The New Jersey gay marriage decision ain't activism." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:50 PM by Howard Bashman
"Will 'Borat' Dupes be Able to Sue Filmmakers?" This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Daniel Engber writing for Slate's Explainer has an essay entitled "Borat Tricked Me!: Can't I sue him or something?"
The October 16, 2006 issue of Newsweek contained an article headlined "Behind the Schemes: In 'Borat,' Sacha Baron Cohen plays unsuspecting folks for big laughs; Meet the real people who became punch lines."
And in December 2005, The International Herald-Tribune reported that "Kazakh officials don't see spoof's humor."
"Squash the Bug: Europe is killing off hospital infections; Why isn't the United States following suit?" Arthur Allen has this essay online at Slate about methicillin-resistant Staphylococcus aureus, also known as MRSA.
On December 11, 2006, I'm scheduled to argue on behalf of defendants-appellants in the U.S. Court of Appeals for the Third Circuit a deliberate indifference to serious medical needs-prison conditions case from Bucks County, Pennsylvania that resulted in a $1.2 million jury award in favor of two pretrial detainees who contracted MRSA during their confinements. You can access online both the Brief for Appellants and the Reply Brief for Appellants.
"Justice Sandra Day O’Connor Sits with the Ninth Circuit Court of Appeals": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release, replete with photos.
"[T]he Legislature must either amend the marriage statutes to include same-sex couples or create a parallel statutory structure, which will provide for, on equal terms, the rights and benefits enjoyed and burdens and obligations borne by married couples." So decrees the majority opinion that the Supreme Court of New Jersey issued moments ago. You can access the complete ruling at this link.
The court's three other Justices would have avoided the "separate-but-equal" possibility that the majority endorses by allowing same-sex couples to have "access to the 'status' of marriage and all that the status of marriage entails."
Because the New Jersey Supreme Court's web site is a bit overloaded at the moment, I have posted a copy of the court's ruling at this link.
An early news update from The Newark Star-Ledger begins, "The New Jersey Supreme Court ruled today that the state Constitution entitles same-sex couples to all the legal benefits of marriage, but by another name."
The New York Times provides a news update headlined "New Jersey Court Backs Rights for Same-Sex Unions."
"Chief Justice Roberts Speaks in Middlebury": Vermont's WCAX-TV 3 provides this video report (or access the video report indirectly via this link). (Via "Althouse.")
Posted at 02:50 PM by Howard Bashman
Rehearing en banc -- "the granddaddy of all appeals hearings": So says an article headlined "Knox man's case could influence federal decisions" from today's issue of The Knoxville News Sentinel (via "Sentencing Law and Policy").
Posted at 02:40 PM by Howard Bashman
"Ohio Supreme Court upholds charter school system": The Columbus Dispatch provides this news update.
The Toledo Blade provides a news update headlined "Ohio Supreme Court rules that charter schools constitutional."
And The Associated Press reports that "Ohio Court OKs Charter Schools."
You can access today's 4-3 ruling of the Supreme Court of Ohio at this link. In addition, the court's Office of Public Information offers this summary of the ruling.
"Chief Justice Deborah T. Poritz Retires; Departs from a Strong and More Efficient Judiciary ": The New Jersey Judiciary issued this press release today. And in about fifty minutes, perhaps an opinion on the issue of same-sex marriage in the State of New Jersey will be due to be added to the list of Chief Justice Poritz's selected opinions contained at the end of the press release.
Posted at 02:10 PM by Howard Bashman
"The Bankruptcy Litigation Blog" was correct: On September 27th, that blog published a post titled "Seventh Circuit Appears Ready to Ground Retired Pilots' Challenge to United Airline's Confirmation Order." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this decision, written by Circuit Judge Richard A. Posner.
Also today, by means of a separate opinion issued by the same three-judge panel, the Seventh Circuit upheld the termination of the active pilots' pension plan as of December 30, 2004. Circuit Judge Frank H. Easterbrook wrote this opinion.
"Jurors hear about 'piles' of bodies in driver's trial; The paramedic describes arriving at the scene where immigrants died": Harvey Rice has this article today in The Houston Chronicle.
Posted at 11:40 AM by Howard Bashman
"Blogger Jailed for Refusing to Turn Over Video": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:05 AM by Howard Bashman
Hummer Bummer for toy company in trademark and trade dress infringement suit brought by General Motors Corporation: The U.S. Court of Appeals for the Sixth Circuit today issued its ruling in GMC v. Lanard Toys, Inc.
In earlier coverage, The Detroit News reported in May 2005 that "GM wins trademark fight over toy Hummer 'knock-off'; Lanard Toys Inc. ordered to stop selling its vehicle, pay $3.1 million after four-year battle." And "Truckblog" reported that "GM Wins Trademark Fight Over Hummer Toy."
"Protest marks Roberts' visit to Middlebury": The Associated Press provides this report.
In related news, Middlebury College yesterday issued a press release entitled "Middlebury College announces establishment of the Justice William H. Rehnquist Professorship."
Commenting on a photograph of protesters at the event, the blog "Eminent Domain" notes that "Nothing shows the seriousness of your convictions about an issue like a pizza box."
"Righting a wrong on property rights": The Christian Science Monitor today contains an editorial that begins, "Threaten hearth and home, as a Supreme Court ruling on property rights did last year, and Americans will run to bar the door. Since the 'Kelo' ruling, 30 states have passed laws to better protect property owners. Now the issue is on a dozen state ballots, making it the No. 1 initiative topic in the US."
Posted at 08:45 AM by Howard Bashman
"Court Again Rejects Part of Canada's Antiterror Laws": This article appears today in The New York Times.
The Toronto Globe and Mail reports today that "Portion of law on terror struck down; Convictions will be easier, experts say."
And The Toronto Star contains articles headlined "Key part of terror law struck down; Motive doesn't matter, judge rules; Clause called unconstitutional" and "Rulings question obsession with terror; Crime is crime, courts are saying."
"Newdow can pursue libel suit": Today in The Sacramento Bee, legal affairs writer Claire Cooper has an article that begins, "Sacramento atheist Michael Newdow won a round in court Tuesday in a libel suit against a chaplain who had publicly accused him of perjury."
Bob Egelko of The San Francisco Chronicle reports today that "Court backs atheist who fought pledge."
In The New York Sun, Josh Gerstein reports that "California Atheist Wins Victory in Libel Suit."
And David Kravets of The Associated Press reports that "Court allows atheist's lawsuit."
"Philip Morris Wins Temporary Delay in Class Action": Bloomberg News provides a report that begins, "Altria Group Inc.'s Philip Morris USA and other cigarette makers won a temporary delay of a class-action suit claiming $200 billion in damages on behalf of light cigarette smokers across the U.S. Circuit Judge Barrington Parker today ordered a temporary stay of all proceedings while a three-judge panel of the federal appeals court in New York considers whether to hear an appeal in the case and to grant a longer delay."
Posted at 08:20 AM by Howard Bashman
"Making Sabbath a day at the beach; Venice-area Jews seek an eruv to ease limits on activities": The Los Angeles Times today contains an article that begins, "An Orthodox synagogue with the ambitious desire to enclose much of Santa Monica, Venice and Marina del Rey within a religious boundary known as an eruv has come up against a barrier some say is as immutable as the Torah itself: the California Coastal Commission."
Posted at 08:14 AM by Howard Bashman
"Rolling will die, then what? He’ll be the third inmate to die in 35 days, but that pace likely won’t continue." The St. Petersburg Times today contains an article that begins, "Florida’s death chamber likely will claim its most infamous killer since Ted Bundy this evening with the execution of Danny Rolling, who murdered five Gainesville students 16 years ago."
The Gainesville Sun today contains an article headlined "Lawyer: Rolling accepts fate."
"Curb sought on counsel to detainees; US asks court to restrict talks with lawyers": The Boston Globe today contains an article that begins, "The US government is seeking to sharply restrict communication between defense lawyers and inmates at Guantanamo Bay prison, asserting that some lawyers have given inmates 'inflammatory' material such as reports of abuses at Iraq's Abu Ghraib prison and news articles about terrorist attacks."
Posted at 08:02 AM by Howard Bashman
"Will Skilling get prison of choice? Federal officials have final say on whether he'll do time in system's 'crown jewel.'" The Houston Chronicle contains this article today.
And The Washington Post reports today that "End of Enron's Saga Brings Era to a Close; Corporate-Crime Enforcement Shifts Focus."
"Court bans forcing boy's circumcision; Non-custodial dad wins right to block mother, stepfather": This article appears today in The Chicago Tribune.
And The Chicago Sun-Times today contains an article headlined "No circumcision for 9-year-old boy; Judge sides with dad, rules surgery not necessary to end infections."
"No Mob Bosses in This Legal Strategy": The New York Times today contains an article that begins, "The Racketeer Influenced and Corrupt Organizations Act, or RICO, often conjures up images of mob bosses or corrupt union chiefs conspiring to bilk people out of millions of dollars. But some corporations are using the RICO statutes to attack other companies, including many that have headquarters overseas. And in many cases, the strategy amounts to a legal long shot, experts say. On Monday, Vivendi, the French media and telecommunications company, became the latest company willing to take that leap when it sued Deutsche Telekom for $7.5 billion in United States District Court in Seattle."
Posted at 07:45 AM by Howard Bashman
"Tense wait for a ruling on N.J. gay marriage; Couples anxious over today's word": This article appears today in The Newark Star-Ledger.
"The Upcoming Supreme Court Argument Involving Punitive Damages Awards and Big Tobacco: Can These Awards Be Based on Injury to Persons Other than the Plaintiff?" Anthony J. Sebok has this essay online at FindLaw.
Posted at 07:33 AM by Howard Bashman