How Appealing



Thursday, December 22, 2011

“Pa. court: Not telling parents isn’t basis for judges to deny permission for girls’ abortions.” The Associated Press has a report that begins, “A county judge should not have decided a girl could not have an abortion simply because the teen did not tell her mother she was pregnant, the Pennsylvania Supreme Court ruled Thursday as it clarified how minors can obtain the procedures.”

Today’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion and an opinion concurring in part and dissenting in part.

Posted at 8:50 PM by Howard Bashman



The perils of courtside seats at an NBA game: The U.S. Court of Appeals for the Sixth Circuit, in an unpublished per curiam opinion issued today, has reversed the dismissal of assault and battery claims against NBA superstar Kobe Bryant arising from contact between Bryant and a man seated front-row courtside during a game.

Sadly, the spectator has since died, and the lawsuit alleges, among other things, that the death was due to the injuries sustained at the game.

On a happier note, my son and I had the pleasure of sitting front-row courtside at a Philadelphia 76ers game last season. It was an amazing experience, and no injuries — fatal or otherwise — were sustained.

Update: In other coverage, The Associated Press reports that “Appeals court in Ohio rules in fan-Bryant lawsuit.”

Posted at 11:30 AM by Howard Bashman



“Pa. court: Defendants must prove mental disability.” The Associated Press has a report that begins, “The state Supreme Court said on Wednesday juries will have to rule in most instances when a defendant in a death penalty case wants to argue that he or she is mentally disabled and therefore ineligible for execution.”

Yesterday’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion and an opinion concurring in part and dissenting in part.

Posted at 10:40 AM by Howard Bashman



Poetic justice: Justice J. Michael Eakin of the Supreme Court of Pennsylvania, who on occasion will issue a rhyming opinion in the nature of poetry, did so again yesterday, via an opinion announcing the judgment of the court reversing an insurance fraud conviction.

A three-page dissenting opinion, in which two justices have joined, is somewhat less poetic, although it does have the virtue of brevity.

Update: At WSJ.com’s “Law Blog,” Joe Palazzolo has a post titled “Another Rhyming Opinion from Justice Eakin.”

At the ABA Journal’s “Law News Now” blog, Debra Cassens Weiss has a post titled “Pennsylvania Justice Issues Another Rhyming Opinion.”

And The Associated Press reports that “Pa.’s rhyming justice pens insurance fraud opinion.”

Posted at 10:12 AM by Howard Bashman