How Appealing


Friday, October 17, 2008

"Photographer Takes Copyright Fight to U.S. High Court; His lawyer says 11th, 2nd circuits misinterpreted Supreme Court ruling in their decisions favoring National Geographic Society": law.com provides this report.
Posted at 09:07 AM by Howard Bashman




Friday, October 17, 2008

"O'Connor receives degree": The Yale Daily News today contains an article that begins, "When Emma Watson of 'Harry Potter' fame showed up on campus last week, avid fans tried to anticipate her every move. But when former Supreme Court Justice Sandra Day O'Connor arrived at the Divinity School on Wednesday, her presence was a closely-guarded secret, even within the small Divinity School community."
Posted at 08:54 AM by Howard Bashman




Friday, October 17, 2008

"Welcome awaits Muslims from China held at Guantanamo; Tallahassee is preparing to receive and look after three men on an improbable journey from Guantanamo Bay -- and Tora Bora": Carol Rosenberg has this article today in The Miami Herald.
Posted at 08:47 AM by Howard Bashman




Friday, October 17, 2008

"New Sentence Is Sought for Bin Laden's Driver": Today in The Wall Street Journal, Jess Bravin has an article that begins, "The Bush administration wants the military jury that sentenced Osama bin Laden's former driver to reconvene for new deliberations that could add five years to his scheduled release date of Dec. 31."

And The Yale Daily News reports today that "Law clinic brings justice to prisoners."
Posted at 08:34 AM by Howard Bashman




Friday, October 17, 2008

"Court upholds decision, US liable in killing; Ruling: FBI dealings with Bulger gang led to murder." The Boston Globe today contains an article that begins, "The US Appeals Court has upheld a lower court ruling holding the FBI responsible for the 1984 killing of a Quincy fisherman by Winter Hill gang leaders and a rogue agent who leaked information to them, in a decision that could settle at least six other cases claiming the FBI had corrupt dealings with James 'Whitey' Bulger."

And The Boston Herald reports today that "Court OKs $3.1M judgment for mom of Whitey Bulger victim."

You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:15 AM by Howard Bashman




Friday, October 17, 2008

"Federal judge expected to go; Nottingham mired in sex-related misconduct issues": The Rocky Mountain News today contains an article that begins, "Chief U.S. District Judge Edward W. Nottingham is expected to quit the federal bench amid a new sex-related scandal and a closed-door judicial misconduct hearing that didn't go well, sources said Thursday. Nottingham could not be reached for comment, and the clerk of the U.S. District Court for Colorado said he had received no official letter of resignation." The newspaper also contains an article headlined "It's no nonsense in his courtroom; Nottingham built reputation as tough but fair."

The Denver Post reports today that "Federal judge may resign amid inquiry."

And Denver's NBC News affiliate 9News.com provides a report headlined "Prostitute: Federal judge asked me to lie." The web page containing that report provides access to a video segment that includes an interview in which a former prostitute claims the judge asked her to lie to investigators and hide that he paid her for sex.

Additional news coverage that appeared online yesterday can be accessed via this post.
Posted at 07:45 AM by Howard Bashman




Thursday, October 16, 2008

"Judge: Evidence admissible." Yesterday's edition of The Erie (Pa.) Times-News contained an article that begins, "The prosecution will get to paint a picture of former state Superior Court Judge Michael T. Joyce's activities and finances before and after the August 2001 slow-speed collision he said left him severely injured. Jurors will hear that before Joyce won a $440,000 insurance settlement, he was camping out in his judicial chambers amid a breakup with his girlfriend and that he told his landlord that he could only afford to pay $100 rent. They will hear about a 'spending spree' the prosecution said Joyce went on after the settlement, buying, among other things, a Harley-Davidson motorcycle, a plane, a house and a hot tub, and spending $6,000 for cosmetic surgery for the woman who is now his wife. They also will hear how Joyce went in-line skating at Presque Isle State Park on Sept. 2, 2002, while his insurance claims, based on debilitating neck and back injuries, were pending."

Trial on these federal criminal charges is scheduled to begin next week in Pittsburgh.
Posted at 10:52 PM by Howard Bashman




Thursday, October 16, 2008

"$3.1M verdict upheld for Bulger victim": The Boston Herald today provides a news update that begins, "In a financially crippling vote of low confidence in the Department of Justice, the U.S. Court of Appeals for the First Circuit this afternoon upheld the $3.1 million in damages awarded the family of James 'Whitey' Bulger victim John McIntyre in September 2006 by U.S. District Court Judge Reginald C. Lindsay."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:27 PM by Howard Bashman




Thursday, October 16, 2008

"Judge Nottingham resigning amid misconduct complaints": The Rocky Mountain News provides an update that begins, "Chief U.S. District Judge Edward Nottingham is stepping down from the federal bench, sources said today. Nottingham, who has been the subject of several judicial misconduct complaints in recent months, could not immediately be reached for comment. He has not issued any official statement, but three sources with knowledge of his decision confirmed his plans."

Update: A report headlined "Chief judge expected to resign over new allegations" from NBC News affiliate 9News.com of Denver begins, "9Wants to Know has learned that Chief Federal Judge Edward Nottingham of Colorado is expected to resign after he learned of new allegations against him from a former prostitute who claims the judge asked her to lie to investigators and not tell them he paid her for sex."

MyFOXColorado.com reports that "Judge Nottingham Resigning."

And cbs4denver.com reports that "Controversy Has Trailed Colorado's Chief US Judge; Reports Indicate Judge Edward Nottingham Will Be Stepping Down."
Posted at 04:57 PM by Howard Bashman




Thursday, October 16, 2008

"A Lawyer Interested In Upping the Ante": The first item in today's installment of "The Reliable Source" column in The Washington Post is about attorney Tom Goldstein of "SCOTUSblog" fame.
Posted at 02:42 PM by Howard Bashman




Thursday, October 16, 2008

"Ohio court: Law on asbestos may be retroactive." The Associated Press provides a report that begins, "The Ohio Supreme Court has ruled that a 2004 law imposing stricter rules on those suing for asbestos-related injuries can be applied to cases pending before the legislation was passed, a move that could frustrate thousands of people seeking claims. The 6-1 decision Wednesday means that many of the 40,000 Ohio cases filed before the law was enacted are likely to be dismissed. It also has potential ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance."

You can access yesterday's ruling of the Supreme Court of Ohio at this link. In addition, the court's Office of Public Information has issued a summary of the ruling headlined "2004 Bill Changing Asbestos Lawsuit Procedures May Be Applied to Cases Filed Before Law Changed."
Posted at 02:24 PM by Howard Bashman




Thursday, October 16, 2008

"School Efforts to Stem Violence Offer A Textbook Case of Limits on Speech": Dan Slater has this article today in The Wall Street Journal.
Posted at 08:35 AM by Howard Bashman




Thursday, October 16, 2008

"Counsel picked for Porteous probe; House panel trumpets lawyer's track record": The Times-Picayune of New Orleans today contains an article that begins, "A veteran Washington lawyer who helped oversee the impeachments of two federal judges in the 1980s was selected Wednesday by the House Judiciary Committee to lead its impeachment inquiry of federal Judge Thomas Porteous. Chosen for the high-profile job was Alan Barron, a partner with the Washington firm of Holland & Knight."
Posted at 08:22 AM by Howard Bashman




Thursday, October 16, 2008

"Ruling May Impede Thousands of Ohio Voters": The New York Times today contains an article that begins, "More than 200,000 registered Ohio voters may be blocked from casting regular ballots on Election Day because of a federal appeals court decision on Tuesday requiring the disclosure of lists of voters whose names did not match those on government databases, state election officials and voting experts said."

And The Associated Press reports that "Ohio elections chief appeals court ruling."

The application for a stay that the State of Ohio filed yesterday in the U.S. Supreme Court can be viewed at this link (via "Election Law" blog).

My earlier coverage of Tuesday's en banc Sixth Circuit ruling appears at this link.
Posted at 08:05 AM by Howard Bashman




Thursday, October 16, 2008

Available online from law.com: Marcia Coyle of The National Law Journal reports that "High Court Declines to Review FedEx Disability Discrimination Case."

And Shannon P. Duffy of The Legal Intelligencer reports that "Visiting Panel of Judges to Hear Suit Over Pa. Judges' Pay Raise."
Posted at 07:54 AM by Howard Bashman




Wednesday, October 15, 2008

"Supreme Court rejects 'Survivor' winner's appeal": The Associated Press provides this report.
Posted at 08:33 PM by Howard Bashman




Wednesday, October 15, 2008

Access online the transcripts of today's U.S. Supreme Court oral arguments: The Court has posted the transcripts in Waddington v. Sarausad, No. 07-772, and Hedgpeth v. Pulido, No. 07-544.
Posted at 03:21 PM by Howard Bashman




Wednesday, October 15, 2008

"Chambers' may appeal after his suit against God is tossed out": Today's edition of The Omaha World-Herald contains an article that begins, "You can't sue God if you can't serve the papers on him, a Douglas County District Court judge has ruled in Omaha. Judge Marlon Polk threw out Nebraska Sen. Ernie Chambers' lawsuit against the Almighty, saying there was no evidence that the defendant had been served."

And The Associated Press reports that "Suit against God thrown out over lack of address."
Posted at 03:15 PM by Howard Bashman




Wednesday, October 15, 2008

"Black employees accuse US Marshals Service of bias": Hope Yen of The Associated Press provides this report.
Posted at 03:07 PM by Howard Bashman




Wednesday, October 15, 2008

"High court clears way for execution; Seven witnesses who identified Troy Davis as the killer of a police officer in Georgia almost 20 years ago have recanted their testimony, but his final appeal is turned down without comment": David G. Savage has this article today in The Los Angeles Times.

Today's edition of The Atlanta Journal-Constitution contains an article headlined "Rejected by high court, Davis faces execution."

The New York Times reports that "Supreme Court Rejects Execution Appeal."

The Washington Post reports that "High Court Won't Hear Death Row Appeal."

And in The Christian Science Monitor, Warren Richey reports that "Court declines to hear death-row appeal; Troy Davis, a Georgia inmate, asked for a new trial after seven witnesses recanted their testimony."
Posted at 03:05 PM by Howard Bashman




Wednesday, October 15, 2008

"Court sends chip makers' suit back to trade body": Today's edition of The San Diego Union-Tribune contains an article that begins, "After a string of legal setbacks, San Diego wireless technology giant Qualcomm claimed a victory yesterday over chip-making competitor Broadcom. The U.S. Court of Appeals for the Federal Circuit nullified a ruling that Qualcomm infringed Broadcom patents and returned the issue to the International Trade Commission for further review."

My earlier coverage of yesterday's Federal Circuit decision appears at this link.
Posted at 02:57 PM by Howard Bashman




Wednesday, October 15, 2008

"New ACLU center to honor longtime Southern California director Ramona Ripston; Ripston, 81, dismisses the idea of retirement, saying much work remains unfinished; 'If we aren't under attack every day, then we're not doing our job,' she adds": This article appears today in The Los Angeles Times. As the article notes, the honoree is the wife of Ninth Circuit Judge Stephen Reinhardt.
Posted at 12:08 PM by Howard Bashman




Wednesday, October 15, 2008

"Key Allegations Against Terror Suspect Withdrawn; Justice Department Had Tied Guantanamo Detainee to Plot to Explode 'Dirty Bomb' in U.S." The Washington Post contains this article today.
Posted at 11:57 AM by Howard Bashman




Wednesday, October 15, 2008

"CIA Tactics Endorsed In Secret Memos; Waterboarding Got White House Nod": This front page article appears today in The Washington Post.

And The Los Angeles Times reports today that "Pentagon tightens rules on detainee interrogation; A directive requiring that nonmilitary interrogations be monitored by military officials is designed to prevent abuse."
Posted at 11:55 AM by Howard Bashman




Wednesday, October 15, 2008

"Justices Weigh Race in North Carolina Case": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Jerry Markon reports that "Justices Hear Voting Rights Case; N.C. Argues for Expanding Reach of Redistricting Provision."

And The Wilmington (N.C.) Star-News reports that "U.S. Supreme Court justices hear Pender redistricting map case."
Posted at 11:50 AM by Howard Bashman




Wednesday, October 15, 2008

"Family's wait for Cooey's execution ends; Prison staff finds veins in convicted murderer who claimed he was too fat for lethal injection": This article appears today in The Akron Beacon Journal.

Today's edition of The Dayton Daily News contains articles headlined "Executed inmate 'vulgar and hateful,' prosecutor says" and "Execution by lethal injection is a calculated process devoid of theatrics; Richard Cooey was put to death Tuesday morning for the slaying of two Akron coeds in 1986."

And The Associated Press reports that "Ohio executes inmate who argued was too fat to die."
Posted at 11:02 AM by Howard Bashman




Wednesday, October 15, 2008

"Questionable registrations: Fork over voter list, judges tell Brunner." The Columbus Dispatch today contains an article that begins, "Almost as if she anticipated a court ruling a few hours later, Ohio Secretary of State Jennifer Brunner promised yesterday to give county elections workers access to a list of possibly problematic voter registrations. The full 6th U.S. Circuit Court of Appeals then ruled 9-6 that Brunner must provide access to a state database showing new voters whose registration information does not match records with the state Bureau of Motor Vehicles or federal Social Security Administration. The decision -- a 50-page maze of majority, concurring and dissenting opinions -- reversed a 2-1 ruling by a three-judge panel of the 6th Circuit last week."

The Cincinnati Enquirer today reports that "Voter fraud battle heats up; Court rulings, lawsuits, calls for investigations all in a day's work."

And The Associated Press provides a report headlined "Federal court: Ohio must check voter registrations."

You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

At his "Election Law" blog, Rick Hasen offers these thoughts on the ruling.
Posted at 10:44 AM by Howard Bashman




Wednesday, October 15, 2008

In commentary available online from FindLaw: Sherry F. Colb has an essay entitled "The Fourth Amendment, Once Removed: The Supreme Court Examines a New Search and Seizure Loophole."

And Joanna Grossman has an essay entitled "And Connecticut Makes Three: The State's Highest Court Declares Same-Sex Marriage Ban Unconstitutional."
Posted at 07:44 AM by Howard Bashman




Wednesday, October 15, 2008

"2nd Circuit Trims 'At Issue' Waiver's Scope for Privilege": law.com provides a report that begins, "The scope of a waiver of the attorney-client privilege when the party invoking the privilege has put the communication at issue in a lawsuit has been clarified by the 2nd U.S. Circuit Court of Appeals."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 07:40 AM by Howard Bashman




Tuesday, October 14, 2008

Now-vindicated previously dissenting judge of the day: On April 13, 2006, the following post appeared at this blog:
Payback is ... an obstacle to mootness: Today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reverses the dismissal on mootness grounds of a taxpayer's establishment clause challenge to a grant of money by the Secretary of Education to the University of Notre Dame to be used for a program called Alliance for Catholic Education. Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Terence T. Evans joined. Circuit Judge Diane S. Sykes dissented, writing that she would affirm the district court's dismissal for mootness.
Now, two years, six months, and one day later, following a GVR from the U.S. Supreme Court, that same three-judge panel has unanimously joined in an opinion written by Circuit Judge Sykes dismissing the case as moot.
Posted at 09:14 PM by Howard Bashman




Tuesday, October 14, 2008

"The Roberts Court at Age Three": Dean Erwin Chemerinsky has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:44 PM by Howard Bashman




Tuesday, October 14, 2008

"Courts hears NC minority voting rights lawsuit": Mark Sherman of The Associated Press has an article that begins, "Supreme Court justices appeared reluctant Tuesday to expand protections of a landmark voting rights law in a case from North Carolina."

And at "SCOTUSblog," Lyle Denniston has a post titled "Line-drawing and drawing lines in politics."

The U.S. Supreme Court has posted online the transcripts of all three cases argued today: Bartlett v. Strickland, No. 07-689; Pearson v. Callahan, No. 07-751; and Oregon v. Ice, No. 07-901.
Posted at 08:25 PM by Howard Bashman




Tuesday, October 14, 2008

"Appeals court rules against ban on Qualcomm chips": The Associated Press provides a report that begins, "A federal appeals court Tuesday ruled that the International Trade Commission's ban on imports of cell phones with chips made by Qualcomm Inc. overstepped the commission's authority."

Reuters provides a report headlined "Appeals court vacates ITC ban against Qualcomm."

And Brent Kendall and Roger Cheng of Dow Jones Newswires report that "US Court Vacates Ban On Cellphones Using Qualcomm Chips."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 08:07 PM by Howard Bashman




Tuesday, October 14, 2008

"Court hears arguments in landmark tobacco case": Hope Yen of The Associated Press has an article that begins, "A federal appeals court expressed skepticism Tuesday that a landmark ruling that cigarette makers deceived the public for decades about smoking risks could be supported under racketeering laws."

Update: And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appellate Judges Critical of Landmark Tobacco Decision."
Posted at 04:20 PM by Howard Bashman




Tuesday, October 14, 2008

"Sunny Day. The Chief Dissents. A Touch of Noir." Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And Mark Sherman of The Associated Press reports that "Roberts channels his inner Raymond Chandler."

Both items report on a dissent from the denial of certiorari that Chief Justice John G. Roberts, Jr. issued today.
Posted at 04:12 PM by Howard Bashman



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