How Appealing



Friday, November 25, 2016

Strange way to begin a majority opinion has been vacated by granting of rehearing en banc: On September 28, 2016, Circuit Judge Robin S. Rosenbaum of the U.S. Court of Appeals for the Eleventh Circuit issued a majority opinion on behalf of a divided three-judge panel that began, “When I was growing up, my parents told me not to judge a book by its cover.”

Sadly for those who admire non-traditional majority opinion opening lines, on Monday of this week the Eleventh Circuit issued an order granting rehearing en banc in the case, which had the effect of vacating the three-judge panel’s majority opinion and judgment.

Posted at 5:42 PM by Howard Bashman



“Consumer Protection Bureau Chief Braces for a Reckoning”: Stacy Cowley has this article in today’s edition of The New York Times.

Posted at 5:24 PM by Howard Bashman



“‘Madden NFL’ Creator Loses Appeal Over Video Game Royalties; Electronic Arts gets the win because Robin Antonick failed to introduce source code at trial to show how later versions of game were similar to his original”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Tuesday.

Posted at 4:40 PM by Howard Bashman



“How Trump DOJ could upend one of the biggest business cases facing SCOTUS”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 3:58 PM by Howard Bashman



“Puerto Rico takes step toward having reps; Boston appeals panel moves suit forward”: Bob McGovern of The Boston Herald has an article that begins, “A dogged attorney from Puerto Rico who has been fighting for years to get his homeland five seats in the U.S. House of Representatives says he is as close as ever to victory after a decision by a federal appeals court that could allow his arguments to move forward.”

You can access Wednesday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 3:38 PM by Howard Bashman