How Appealing



Tuesday, October 28, 2014

Programming note: On Wednesday morning, I will be arguing two related appeals on behalf of the plaintiffs-appellees before a three-judge panel of the Superior Court of Pennsylvania. Consequently, new posts will next appear here on Wednesday afternoon.

You can view the Briefs for Appellees that I filed in the appeals here and here.

In Wednesday’s edition of The Legal Intelligencer, P.J. D’Annunzio will have an article previewing the oral arguments headlined “Multimillion-Dollar Topamax Cases Headed to Argument.” You can freely access the full text of the article via Google.

Update on 10/29: The oral argument (combined into 15 minutes for both cases) went very well for plaintiffs. The Legal Intelligencer and Law360.com had reporters present to cover the argument, and I will link to that coverage when it becomes available.

Posted at 11:54 PM by Howard Bashman



“ND Supreme Court OKs restriction on drug-induced abortions, despite three of five justices finding it unconstitutional”: The Forum of Fargo-Moorhead, North Dakota has this news update. According to the article, “Tuesday’s opinion hinged on the North Dakota Constitution’s requirement that at least four members of the Supreme Court be in agreement to declare a statute unconstitutional.”

And The Associated Press reports that “North Dakota court bans use of drug in abortions.”

You can access today’s very interesting ruling of the Supreme Court of North Dakota at this link.

Posted at 11:38 PM by Howard Bashman



“NC ultrasound law goes to 4th US Circuit Court of Appeals”: Wednesday’s edition of The News & Observer of Raleigh, North Carolina will contain an article that begins, ” The 4th U.S. Circuit Court of Appeals will hear oral arguments on Wednesday over a North Carolina law that would require health care workers to show pregnant women ultrasound images and describe them in detail just hours before providing abortions.”

Posted at 11:30 PM by Howard Bashman



“How to diversify the Ivy League club that is the Supreme Court”: Michael McGough has this essay online today at The Los Angeles Times.

Posted at 9:52 PM by Howard Bashman



“Justice Ginsburg Was Very Amused by John Oliver’s Doggy Supreme Court”: Jess Bravin has this post today at WSJ.com’s “Law Blog.”

Posted at 8:00 PM by Howard Bashman



“Our incoherent copyright law, cont’d”: Today at “The Volokh Conspiracy,” David Post has a post that begins, “Remember Aereo?”

Posted at 6:15 PM by Howard Bashman



“New York law firm wins case over $44 million in fees charged to developer’s widow”: Reuters has a report that begins, “Rejecting claims that a Manhattan real estate mogul’s widow fell under her lawyers’ ‘Svengali-like influence,’ New York’s top court has ruled that her estate must pay the law firm $44 million in fees for a few months’ work. The Court of Appeals on Tuesday said Alice Lawrence, the widow of developer Sylvan Lawrence, was a sophisticated client who understood the risks she was taking in switching from an hourly-fee arrangement to a contingency agreement.”

You can access today’s ruling of the Court of Appeals of New York — that state’s highest court — at this link.

Posted at 4:48 PM by Howard Bashman



“Naked Rambler could face a ‘lifetime of imprisonments’ after European court ruling”: The Indepedent (UK) has this report.

BBC News reports that “Naked rambler Stephen Gough loses human rights case.”

The Daily Mail (UK) has a report headlined “At last, something to thank the European court for! Strasbourg judge tells ‘naked rambler’ he DOESN’T have the right to roam as nature intended.”

The Press Association (UK) reports that “Naked Rambler loses at European court over right to public nudity; Judges in Strasbourg rule Stephen Gough’s detentions were due to ‘violation of criminal law in full knowledge of consequences.’

Bloomberg News reports that “U.K.’s ‘Naked Rambler’ Loses Bid to Make Nudity a Human Right.”

And The Associated Press has a report headlined “Court tells UK man: Nudity is not a human right.”

You can access today’s ruling of the European Court of Human Rights at this link. A related press release from the court can be accessed here.

Posted at 4:40 PM by Howard Bashman



“If the Clean Air Act’s on the docket, Keisler’s on the case”: Jeremy P. Jacobs of Greenwire has an article that begins, “Peter Keisler might be the only lawyer who’s argued five cases before the Supreme Court and has appeared in a TV soap commercial.”

Posted at 3:16 PM by Howard Bashman



“The Judges: Kim Chakanetsa hosts a conversation between Judge Khalida Rachid Khan, Pakistan’s first woman judge, and Justice Mandisa Maya, the first black woman to be appointed to the Supreme Court of Appeal in South Africa.” BBC World Service has posted the audio of the conversation online at this link.

Posted at 1:25 PM by Howard Bashman



“Now hiring: Supreme Court justice, legal experience needed but, please, no porn.” Chris Brennan has this article in today’s edition of The Philadelphia Daily News. The newspaper also contains an editorial titled “Justice Done.”

The Associated Press reports that “Pennsylvania Supreme Court heads toward period of uncertainty following justice’s retirement.”

And today’s edition of The Pittsburgh Post-Gazette contains an editorial titled “Where’s the merit? Another bad justice leaves the state’s top court; And it’s time to say good riddance to the system of electing judges in Pennsylvania.”

Posted at 1:20 PM by Howard Bashman



“Constitution Check: Will the Supreme Court reinforce majority rule in Congress?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:30 AM by Howard Bashman



“The Appointment Process for U.S. Circuit and District Court Nominations: An Overview.” The Congressional Research Service last week issued this report, written by Denis Steven Rutkus.

Posted at 9:38 AM by Howard Bashman



“Prayer goes to appeals court”: Today’s edition of The Danville (Va.) Register & Bee contains a front page article that begins, “Arguments in a local public prayer case three years in the making will be presented to the Fourth U.S. Circuit Court of Appeals on Tuesday.”

Posted at 8:17 AM by Howard Bashman



“Pornography scandal, other problems draw incredible end for one of Pennsylvania’s most unlikely judges”: Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has this report.

And in today’s edition of The Morning Call of Allentown, Pennsylvania, Steve Esack and Peter Hall have a front page article headlined “Seamus McCaffery retires amid porn email scandal” in which I am quoted.

Posted at 8:05 AM by Howard Bashman