How Appealing



Saturday, April 30, 2011

“Stem cell research can continue to get federal funding, appeals court rules; Scientists hail the decision as a victory for medical progress; The ruling reverses a lower court’s stance that using federal money to study human embryonic stem cells appeared to violate a congressional ban on funding of research in ‘which embryos are destroyed'”: David G. Savage has this article today in The Los Angeles Times.

The New York Times reports today that “Court Lets U.S. Resume Paying for Embryo Study.”

And The Washington Post reports that “Appeals court lifts ban on human stem cell funding.”

And Bill Mears of CNN.com reports that “Appeals court lifts ban on federal funding for stem-cell research.”

My earlier coverage of yesterday’s D.C. Circuit ruling appears at this link.

Posted at 10:40 PM by Howard Bashman



Friday, April 29, 2011

“Appeals court grants stay, lockout back on”: The Associated Press has a report that begins, “The NFL may be headed back to a lockout. A federal appeals court in St. Louis late Friday granted the owners’ request to temporarily put on hold U.S. District Judge Susan Nelson’s ruling that lifted the lockout.”

Bloomberg News reports that “NFL Team Owners Win Temporary Stay of Court Order Blocking Player Lockout.”

And Reuters reports that “Court grants NFL temporary stay on injunction.”

You can access at this link the order that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued this evening.

Posted at 7:14 PM by Howard Bashman



“In Written Responses, Verrilli Tells Senate He’d Resign If Asked to Play Politics”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 3:16 PM by Howard Bashman



Thursday, April 28, 2011

“SJC nominee’s record is hotly disputed at hearing”: Today’s edition of The Boston Globe contains an article that begins, “In the space of seven hours yesterday, Barbara A. Lenk was both savaged as an immoral participant in a plan to convert children into homosexuals and lauded as a learned and compassionate lawyer and mother whose wisdom is sorely needed by Massachusetts.”

Today’s edition of The Boston Herald contains an article headlined “Councilors play dirty at hearing.”

The Standard Times of New Bedford, Massachusetts reports that “Cipollini presses openly gay SJC nominee on same-sex marriage.”

And The Associated Press reports that “Confirmation hearing held for Mass. SJC pick.”

Posted at 10:42 PM by Howard Bashman



Ninth Circuit reinstates criminal charges under Computer Fraud and Abuse Act in United States v. Nosal: According to the Electronic Frontier Foundation, which participated in the appeal as an amicus on the defendant’s behalf, the charges at issue “would turn any employee use of company computers in violation of corporate policy into a federal crime.”

Earlier, at “The Volokh Conspiracy,” Orin Kerr had a post about the case titled “Lori Drew, Take 2?: The Government’s Computer Fraud and Abuse Act Prosecution in United States v. Nosal.”

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a ruling reinstating the charges in question.

Posted at 2:52 PM by Howard Bashman



“Prop. 8 video flap goes to Walker’s replacement”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “San Francisco’s new chief federal judge now must decide whether his predecessor can keep the video recordings of the trial over California’s ban on same-sex marriage – and whether he should have disqualified himself from presiding over that trial.”

Posted at 10:50 AM by Howard Bashman



“Supreme Court says arbitration agreements can ban class-action efforts”: Robert Barnes has this article today in The Washington Post.

In today’s edition of The Los Angeles Times, David G. Savage reports that “Companies can block customers’ class-action lawsuits, Supreme Court rules; Justices rule in a Southern California case that firms can force customers to arbitrate their complaints individually; The ruling is seen as a major victory for corporations.”

In USA Today, Joan Biskupic reports that “Supreme Court backs AT&T, limits class-action suits.”

Bob Egelko of The San Francisco Chronicle reports that “Supreme Court rejects class-action arbitration.”

On today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment entitled “Supreme Court Imposes Limits On Class Actions.”

And via law.com, Petra Pasternak of The Recorder reports that “Class Action Ruling an Earthquake for California Litigation.”

Posted at 7:58 AM by Howard Bashman



Wednesday, April 27, 2011

“Ruling on Arizona voter law to be reconsidered”: The Arizona Republic has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined “New life for Arizona’s voter citizenship law.”

Howard Fischer of The Yuma Sun has a news update headlined “Appeals court to hear Arizona voter ID case.”

And Bloomberg News reports that “Arizona Voter Citizenship Proof Law Gets Second Panel Review.”

My earlier coverage of today’s Ninth Circuit order granting rehearing en banc can be accessed here.

Posted at 10:05 PM by Howard Bashman



“Supreme Court Ruling Places Limits on Class Actions”: Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “Companies can block customers’ class-action lawsuits, Supreme Court rules; Consumers have been able to band together to sue corporations, but the Supreme Court rules in a Southern California case that firms can force customers to arbitrate their complaints individually; The ruling is seen as a major victory for corporations.”

Warren Richey of The Christian Science Monitor has an article headlined “At Supreme Court, another ruling in favor of corporations, critics say; The Supreme Court’s 5-to-4 decision is a victory for business groups that favor tough enforcement of arbitration agreements; Critics say it puts the rights of corporations over individuals.”

Bill Mears of CNN.com reports that “Court rules for company in dispute over taxes on ‘free’ cell phone.”

Greg Stohr of Bloomberg News reports that “Class Actions Limited as U.S. Supreme Court Supports AT&T.”

James Vicini of Reuters reports that “Supreme Court rules for AT&T in arbitration case.”

And at WSJ.com’s “Law Blog,” Ashby Jones has a post titled “After AT&T Ruling, Should We Say Goodbye to Consumer Class Actions?

Posted at 4:02 PM by Howard Bashman



“The Political Divides in DC Appellate Practices — A Comment on the Clement Kerfuffle”: Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 3:47 PM by Howard Bashman



Ninth Circuit grants rehearing en banc to consider before 11-judge panel whether Arizona’s requirement of proof of citizenship to register to vote is preempted by the National Voter Registration Act: You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.

My earlier coverage of the divided three-judge panel’s ruling can be accessed here. Retired Justice Sandra Day O’Connor had provided the dispositive vote on the original three-judge panel, but she will be unable to participate in the decision on rehearing en banc.

Posted at 3:44 PM by Howard Bashman



Access online today’s ruling of the U.S. Supreme Court in an argued case: Justice Antonin Scalia delivered the opinion of the Court in AT&T Mobility LLC v. Concepcion, No. 09-893. Justice Clarence Thomas issued a concurring opinion. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Court imposes limits on class actions.”

Posted at 10:02 AM by Howard Bashman



Tuesday, April 26, 2011

“Justices weigh privacy and drug marketing; A Vermont law bans pharmacies from selling doctors’ confidential prescription records to drug makers; Firms say they have a free-speech right to buy and sell information to market their products”: David G. Savage of The Los Angeles Times has this news update.

In Wednesday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Justices Question Drug-Sales Law.”

In Wednesday’s edition of USA Today, Joan Biskupic will have an article headlined “Supreme Court hears prescription-drug data mining case.”

Bill Mears of CNN.com reports that “High court hears case over ‘data mining’ of drug prescription data.”

Greg Stohr and William McQuillen of Bloomberg News report that “Drug-Marketing Limits May Be Voided by U.S. Supreme Court in Vermont Case.”

James Vicini of Reuters reports that “U.S. top court questions state drug data limits.”

Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court hears case: Is Vermont restricting drug companies’ speech? Drug companies tell the Supreme Court that by barring access to doctors’ drug prescribing records, Vermont is discriminating against the firms’ protected commercial speech.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Court Hears Arguments In Data Mining Case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Yes, it’s about commercial free speech; The Court indicates in oral argument that it views a Vermont law seeking to curb the use of drug prescription data to sell brand-name drugs as an attack on corporate free speech.”

Posted at 8:35 PM by Howard Bashman