Thursday, November 30, 2006
Available online from law.com: Marcia Coyle reports that "High Court Vets False Claims Act."
And Pamela A. MacLean reports that "4th Circuit Ruling Trims Reach of State Anti-Spam Laws; A critical finding for companies that use mass e-mail to target clients." My earlier coverage appears at this link.
"An Update on the State of the Docket": At "SCOTUSblog," Tom Goldstein has this interesting post about the state of the U.S. Supreme Court's docket. Goldstein summarizes his point as follows: "[O]n the one hand, the Court is not taking enough cases to fill the argument calendar; on the other hand, it is scheduling briefing as if it were. The failure to adapt the briefing schedule to the smaller size of the Court’s docket produces expedited briefs that are less thorough and helpful to the Justices and creates a recurring cycle in which it is necessary to apply still more expedited schedules."
Posted at 05:58 PM by Howard Bashman
"Appeals court: Soledad cross measure constitutional." The San Diego Union-Tribune provides a news update that begins, "A San Diego appeals court ruled Thursday that Proposition A, a voter-approved 2005 measure which authorized transferring land underneath the Mount Soledad cross to the federal government was constitutional. The 3-0 ruling by a panel of justices from the 4th District Court of Appeal overturned a decision by Superior Court Judge Patricia Yim Cowett that invalidated the measure."
You can access today's ruling of California's Court of Appeal for the Fourth Appellate District, Division One, at this link.
"Throw Him in the Brig!: The Bush administration's latest, and most appalling, assault on habeas corpus." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 05:40 PM by Howard Bashman
"A Conversation with Justice Breyer and Harvard Professor Fried": Law Professor Neal Katyal will be the moderator of this event, scheduled to occur on Friday, December 8, 2006 from 3:00 to 4:30 p.m. at the Georgetown University Law Center in Washington, DC. According to the media advisory, there will be a live webcast.
Posted at 05:20 PM by Howard Bashman
"Court Stays Out of Abortion Records Case": The Associated Press provides a report that begins, "The Kansas Supreme Court refused Thursday to intervene on behalf of two abortion clinics in a dispute with the state attorney general over patient records that were leaked to 'The O'Reilly Factor.'"
Posted at 05:18 PM by Howard Bashman
Glass Doctor shatters dreams of The Windshield Doctor: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit affirms a federal district court's decision that the trademark "The Windshield Doctor" infringes on the trademark "Glass Doctor." You can access today's Fourth Circuit ruling at this link.
Posted at 05:05 PM by Howard Bashman
"Court Weighs Moussaoui Trial Evidence": The AP provides a report that begins, "A Justice Department lawyer urged a federal appeals court Thursday to deny some families of Sept. 11 victims evidence from the Zacarias Moussaoui trial for their lawsuits against the airline industry and others."
Posted at 03:55 PM by Howard Bashman
The Associated Press is reporting: An article headlined "Mass. Gay-Marriage Case on to Full Court" begins, "The state's entire high court should decide whether to force lawmakers to take action on a proposed constitutional amendment to ban gay marriage, one justice decided Thursday."
"Government seeks delay in Hamdan case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:45 PM by Howard Bashman
Eighth Circuit affirms dismissal of antitrust lawsuit alleging that pharmaceutical manufacturers engaged in a concerted course of conduct designed to prevent brand name prescription drugs purchased from Canadian pharmacies from entering the United States: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. The lawsuit was filed by a group of consumers and organizations from Minnesota.
Posted at 12:35 PM by Howard Bashman
In news from the U.S. Court of Appeals for the Fourth Circuit: The "South Carolina Appellate Law Blog" today provides a post that begins, "My sources report that today Chief Judge William Wilkins sent a letter to President Bush announcing that he will take senior status effective July 1, 2007. Judge Karen Williams will become the next Chief Judge of the Fourth Circuit."
Posted at 12:23 PM by Howard Bashman
"Kan. Man Sentenced in Internet Sex Sting": The AP provides a report that begins, "A lawyer convicted in an Internet sex sting was sentenced Wednesday to five years in prison, capping a legal battle that challenged a common tool police use to catch sexual predators online."
"Court: Boy Can't Join Girls' Gym Team." The Associated Press provides a report that begins, "A state appeals court on Thursday rejected a lawsuit by a boy who wanted to compete on his high school's girls' gymnastics team."
"S.D. kept in cross lawsuit; Judge says ruling could affect city": The San Diego Union-Tribune today contains an article that begins, "A federal judge refused yesterday to dismiss the city of San Diego from a lawsuit challenging the transfer of the Mount Soledad cross to the federal government in an effort to preserve it. The ruling is the first in the latest suit over the controversial La Jolla landmark, and it comes as state and federal appeals courts ponder rulings against the city in earlier lawsuits."
Posted at 10:28 AM by Howard Bashman
"Gitmo Justice Is a Joke": Andrew Cohen has this essay online today at washingtonpost.com.
Posted at 10:07 AM by Howard Bashman
"Lesbian birth mom loses case for custody": The Pittsburgh Post-Gazette today contains an article that begins, "The state Supreme Court let stand a lower court decision giving a non-biological, lesbian mother primary custody of the children she helped raise with their biological mother."
Posted at 08:54 AM by Howard Bashman
"Ryan dodges jail -- for now; Development raises his hopes for reversal": The Chicago Sun-Times today contains an article that begins, "After a year filled with defeats, George Ryan has won a round. An unusual 7th Circuit Court of Appeals ruling that lets Ryan stay free on bond during the appeals process signals the court has serious questions with the former governor's conviction, experts say."
And The Chicago Tribune reports today that "Ruling gives Ryan hope; Court lets him stay free on bail during appeal; pension denied." In addition, columnist John Kass has an op-ed entitled "Judges can wipe smirks off corrupt pols."
"Mayfield settles for $2 million; A Portland-area man, who sued the U.S. over his treatment in a bombing case, tells of ordeal": The Oregonian contains this article today.
The New York Times reports today that "U.S. Will Pay $2 Million to Lawyer Wrongly Jailed."
The Washington Post reports that "U.S. Settles Suit Filed by Ore. Lawyer; $2 Million Will Be Paid For Wrongful Arrest After Madrid Attack."
The Los Angeles Times reports that "$2 million, apology settle FBI fingerprint error case."
And USA Today reports that "Ore. lawyer settles suit over Madrid bombings; Gets $2 million, apology from U.S. government."
"Treasury ordered to redesign money for the blind": This article appears today in The Los Angeles Times.
The Washington Times reports today that "Vendors protest mandated currency changes for blind."
And USA Today contains an article headlined "Shut your eyes: Can you tell a $1 from a $5? Maybe soon; Bills may change shape, size to help the blind."
"It's hardball time in software case; Spotlight will hit Polk court as suit against Microsoft goes to trial today": The Des Moines Register today contains an article that begins, "A jury will hear two widely differing views of defendant Microsoft Corp. in a long-awaited civil trial that begins today in Polk County District Court. One view will paint Microsoft as a corporate bully that routinely intimidated and used illegal tactics to drive competitors out of business and keep software prices artificially high. The other will portray the world's largest software maker as a visionary company that made smart decisions and took risks others wouldn't in an effort to make personal computers affordable and accessible to everyone. By the time it's over, the case is expected to be one of the longest-running legal squabbles in Iowa history and one of the most watched."
Posted at 08:05 AM by Howard Bashman
"Feds: Ruling hurts oversight of Indian casinos; Audits blocked; some see threat to integrity." Today's issue of USA Today contains an article that begins, "Federal auditors say a court ruling last month has crippled their ability to examine operations at Indian casinos, raising concerns that the $22 billion Indian gaming industry could be increasingly vulnerable to corruption. The National Indian Gaming Commission (NIGC), a regulatory panel within the Department of Interior, says its auditors have been prohibited from conducting reviews of personnel and finances at Indian casinos across the nation since the D.C. Circuit Court of Appeals ruled Oct. 20 that the commission's regulatory authority does not extend much beyond its oversight of bingo games."
Posted at 08:00 AM by Howard Bashman
"Panel: Race Still Relevant; Five decades after landmark Brown decision, integration still contested in schools." The Harvard Crimson today contains an article that begins, "Legal analysts and civil rights activists emphasized the need to protect the landmark Brown v. Board of Education decision in a panel at Harvard Law School (HLS) yesterday."
Posted at 07:54 AM by Howard Bashman
"Off-the-job smoker sues over firing; Says company policy is a slippery slope": The Boston Globe today contains an article that begins, "A Buzzards Bay man has sued The Scotts Co. , the lawn care giant, for firing him after a drug test showed nicotine in his urine, indicating that he had violated a company policy forbidding employees to smoke on or off the job. The suit, filed yesterday in Suffolk Superior Court, is highly unusual because it involves an employee who was terminated for engaging in legal activities away from the workplace. The lawyer who filed the complaint said he believes it is the first of its kind in the state."
"Justice for a Parent and Child: Virginia's Court of Appeals does the right thing for common sense and custody laws." The Washington Post contains this editorial today.
Posted at 07:45 AM by Howard Bashman
"Court Hears Global Warming Case; Justices to Decide Challenge on Greenhouse Gas Emissions": This article appears today in The Washington Post.
Today in The Los Angeles Times, David G. Savage reports that "Justices hear climate debate; The court seems split on whether a group of states can challenge the U.S. refusal to regulate greenhouse gases."
The Boston Globe reports that "High court hears global warming case; Ponders whether states' case vs. EPA is legally justified."
The Boston Herald reports that "AG's office before high court in bid to curb global warming."
The San Francisco Chronicle reports that "High court divided on warming; Justices comment on arguments in case against EPA."