How Appealing


Friday, August 12, 2011

The idea of hacking into a university's computer system to change bad grades to As apparently doesn't have such a pleasant ending in reality: The Associated Press has a report headlined "Court upholds sentence in Fla. hacking conviction" reporting on a legnthy ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

According to The AP's article, "Prosecutors say [the defendant] and two others in 2007 changed the grades of about 90 FAMU students, including raising 114 F's to A's."
Posted at 05:48 PM by Howard Bashman




Friday, August 12, 2011

"11th Circuit Quotes Wilde (The Other One)!" The blog "South Florida Lawyers" has this post on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

Perhaps the most notable aspect of the ruling is the dissenting opinion by Circuit Judge Ed Carnes (whose Wikipedia entry contains a "How Appealing" cite) lamenting the temptation "for a district court judge to grant, and for appellate judges to affirm, summary judgment even when there is conflicting evidence on a material issue."
Posted at 05:42 PM by Howard Bashman




Friday, August 12, 2011

"Court upholds conviction in Enron-related case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today in the case captioned United States v. James Brown.
Posted at 05:32 PM by Howard Bashman




Friday, August 12, 2011

"Health Care Challenge Doesn't Make the Cut": Courthouse News Service has a report that begins, "Former California legislator Steve Baldwin and a right-wing legal group lack standing to challenge health care reform, the 9th Circuit ruled Friday, the same day that the 11th Circuit said the law was unconstitutional."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:05 PM by Howard Bashman




Friday, August 12, 2011

"Appeals court finds healthcare mandate unconstitutional": David G. Savage of The Los Angeles Times has this news update.

Bill Mears of CNN.com reports that "Appeals court says key parts of health-care reform unconstitutional."

Brent Kendall of Dow Jones Newswires reports that "Health-Law Mandate Ruled Unconstitutional."

The Associated Press reports that "White House criticizes court's health care ruling."

Reuters has a report headlined "Analysis: Healthcare ruling and what it means."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health insurance mandate struck down."
Posted at 03:57 PM by Howard Bashman




Friday, August 12, 2011

"Appeals court strikes health insurance requirement": The Associated Press has a report that begins, "A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties."

Bloomberg News reports that "Health-Care Mandate Ruled Unconstitutional."

And Reuters reports that "Appeals court rules against Obama healthcare law."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 02:00 PM by Howard Bashman




Friday, August 12, 2011

"In my experience, it is rare for three appellate judges to disagree with each other so thoroughly, but in this hard case it may be just as well. With only a narrow holding between us, we have at least avoided making bad law." So concludes the separate opinion of Circuit Judge Janice Rogers Brown in a case in which all three judges on a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit wrote separately.
Posted at 12:22 PM by Howard Bashman




Friday, August 12, 2011

Defying the odds on rehearing en banc in the Fifth Circuit: It is, no doubt, more difficult to obtain rehearing en banc of a three-judge federal appellate panel's ruling when the ruling is unanimous. Nevertheless, a unanimous three-judge panel's ruling did not stop the U.S. Court of Appeals for the Fifth Circuit from granting rehearing en banc in a case captioned Reed v. City of Arlington in February of this year.

Yesterday, in perhaps an even more unlikely development, the Fifth Circuit issued its en banc ruling in the case, and by a vote of 13-to-3 the en banc court disagreed with the original three-judge panel's ruling. In fact, the only three dissenters were the three judges assigned to the original panel that decided the case.
Posted at 11:45 AM by Howard Bashman




Friday, August 12, 2011

"Mattel Files to Appeal Judge's Award to MGA Entertainment in Bratz Case": Bloomberg News has this report.

And The Associated Press reports that "Mattel to appeal $309M judgment in Bratz doll case."
Posted at 11:08 AM by Howard Bashman




Friday, August 12, 2011

"Evans, 71, served on federal appeals court": This obituary appears today in The Milwaukee Journal Sentinel.
Posted at 10:50 AM by Howard Bashman




Thursday, August 11, 2011

"Appeals court tosses injunction vs. Arizona abortion law": The Arizona Republic has a news update that begins, "The Arizona Court of Appeals on Thursday threw out an injunction against portions of state law governing abortion that were passed in 2009."

And Howard Fischer of The Arizona Daily Star has a news update headlined "Appeals Court: New Arizona abortion restrictions legal."

You can access today's ruling of the Arizona Court of Appeals at this link.
Posted at 04:58 PM by Howard Bashman




Thursday, August 11, 2011

"Federal appellate Judge Terence Evans dies": The Associated Press has this report.
Posted at 04:54 PM by Howard Bashman




Thursday, August 11, 2011

"Supreme Court May Consider Whether Companies Can Be Sued Over Human Rights": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 04:32 PM by Howard Bashman




Thursday, August 11, 2011

"Reactions to death of Judge Terence Evans": Bruce Vielmetti of The Milwaukee Journal Sentinel has this post at that newspaper's "Proof & Hearsay" blog.
Posted at 04:26 PM by Howard Bashman




Thursday, August 11, 2011

Statement from Seventh Circuit Chief Judge Frank H. Easterbrook regarding the death of Circuit Judge Terence T. Evans: A reader has forwarded the following statement:
Our colleague Judge Terence T. Evans died last night, a victim of idiopathic pulmonary fibrosis and acute respiratory distress syndrome. He was only 71 years old and until recently had been playing golf regularly. His sudden decline was a shock to all who knew this athletic, outgoing, and witty man. People can reasonably debate whether he was better at golf or at law; his friends know that he did both very well indeed.

Terry Evans was educated at Marquette University (B.A. 1962 , J.D. 1967). After graduation, and a year as law clerk to Justice Horace Wilkie of Wisconsin's Supreme Court, he became an assistant district attorney for Milwaukee County. Private practice and the state bench followed. In 1980 he was appointed to the U.S. District Court for the Eastern District of Wisconsin. His service there, including a stint as Chief Judge, ended in 1995 with his promotion to the court of appeals. He took senior status in 2010, after 30 years of active service to the federal judiciary, so that he could spend more time with his family and his golf game, but he continued to hear a substantial caseload. While on the district court he selected Diane S. Sykes as a law clerk; she became his colleague on the Seventh Circuit in 2004.

What his colleagues remember of him, in addition to his energy and his commitment to equal justice under law, was his joie de vivre. He was irrepressible, which lifted everyone's spirits. His opinions were apt to include details about popular songs pertinent to the litigation, or the number of college football teams with the nickname "Bulldogs." Crue v. Aiken, 370 F.3d 668 (7th Cir. 2004) (counting 53 "Eagles", 43 "Tigers", and only 40 "Bulldogs"). A trademark suit about toilet paper offered irresistible opportunity for irreverence, without being any the less analytic. Georgia-Pacific Consumer Products, LP v. Kimberly-Clark Corp., 2011 U.S. App. Lexis 15558 (7th Cir. July 28, 2011). And despite what the Supreme Court said in PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001), Terry Evans was firm in his belief that walking the course is a central element of the game of golf. See Olinger v. United States Golf Ass'n, 205 F.3d 1001 (7th Cir. 2000).

All of his colleagues mourn his passing and convey sympathy to his family.

The court will hold a formal memorial service in the coming months.

Frank H. Easterbrook
Chief Judge
U.S. Court of Appeals for the Seventh Circuit


Posted at 02:25 PM by Howard Bashman




Thursday, August 11, 2011

"Federal Judge Terence Evans dies overnight": The Milwaukee Journal Sentinel has an update containing this very, very sad news.

Update: The Journal Sentinel, in July 2009, published a profile headlined "Moving to senior status, Judge Evans seen as funny but no joke."

On the day that this blog turned five years old in 2007, I traveled to Milwaukee to participate as a panelist at that year's Seventh Circuit Judicial Conference. Judge Evans, whom I had long admired from afar and had occasionally spoken with by phone, had kindly volunteered to pick me up at the airport in Milwaukee because we had plans to attend that day's Milwaukee Brewers game together (more details of the game can be accessed here). We had a little bit of extra time before the game, so Judge Evans and I stopped into his home, where he showed off some of the photographs of his family and beloved grandchildren. I also had the pleasure of spending a little bit more time with Judge Evans at dinner the next night.

I think that the first time I had ever heard from Judge Evans was in connection with a column of mine published in Philadelphia's legal newspaper that a former law clerk of his had forwarded to the judge. In that column from June 2001, I described Judges Posner, Easterbrook, and Evans as "the best appellate opinion writers working today." Judge Evans was calling on the phone to tell me that he enjoyed showing the column to his colleagues, Judges Posner and Easterbrook, as evidence that at least someone thought that he was as smart and talented as they were.

After my visit to Milwaukee in May 2007, Judge Evans and I would occasionally speak by phone or exchange emails, typically when one of our favorite sports teams was in the playoffs or nearing a milestone. He and I last corresponded not too long ago when I wrote to congratulate him on switching to senior status and to hope that he would perhaps get to spend more time with the grandkids as a result. U.S. Circuit Judge Terence T. Evans was a wonderful judge and an even better person. He will be missed.
Posted at 12:20 PM by Howard Bashman




Thursday, August 11, 2011

"Pa. judge gets 28 years in 'kids for cash' case": The Associated Press has this report.
Posted at 10:39 AM by Howard Bashman




Thursday, August 11, 2011

"Ciavarella to be sentenced today": This article appears today in The Scranton Times-Tribune.

The Citizens' Voice of Wilkes-Barre, Pennsylvania reports today that "Presiding judge's responses to letters prompt questions."

And The Times Leader of Wilkes-Barre contains an article headlined "Parents: Give him the max."
Posted at 08:40 AM by Howard Bashman




Wednesday, August 10, 2011

"MSU study: Low-income earners 30 percent less likely to have cases heard by U.S. Supreme Court." MLive.com has this report.

And Michigan State University today issued a news release headlined "Prisoners: Want to be heard? Get a good lawyer."
Posted at 11:04 PM by Howard Bashman




Wednesday, August 10, 2011

"Arizona appeals immigration ruling to Supreme Court; Gov. Jan Brewer is seeking a ruling to revive the state's controversial immigration law, SB 1070": David G. Savage will have this article Thursday in The Los Angeles Times.

The Arizona Republic has a news update headlined "Brewer files appeal with U.S. Supreme Court over immigration law."

And Howard Fischer of The Arizona Daily Star has a news update headlined "Arizona appeals to US justices on SB 1070.
Posted at 10:42 PM by Howard Bashman




Wednesday, August 10, 2011

"Prison officials should be able to force meds on Loughner, prosecutors say": The Arizona Daily Star has a news update that begins, "Whether an inmate is awaiting trial or has been convicted of a crime, prison officials still have the right to medicate them to reduce their dangerousness, federal prosecutors argued in a brief Wednesday in the Tucson shooting spree case."

The brief that the federal government has filed in the U.S. Court of Appeals for the Ninth Circuit should soon be freely available via this link.
Posted at 10:17 PM by Howard Bashman




Wednesday, August 10, 2011

"Another round in Ten Commandments fight hits Fla." The Associated Press has this report.

And in earlier coverage, The Ledger of Lakeland, Florida last month published an article headlined "Judge: 10 Commandments Monument Must Move; Granite monument violates the separation of church and state."
Posted at 05:36 PM by Howard Bashman




Wednesday, August 10, 2011

"Airline Pilots Allowed to Dodge Security Screening": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 05:28 PM by Howard Bashman




Wednesday, August 10, 2011

"Brewer asks court to hear immigration law appeal": The Associated Press has a report that begins, "Arizona Gov. Jan Brewer filed an appeal with the U.S. Supreme Court in a bid to overturn a ruling that put on hold key parts of the state's immigration enforcement law."

And at "SCOTUSblog," Lyle Denniston has a post titled "Arizona appeals on alien control law." You can access the petition for writ of certiorari at this link.
Posted at 05:15 PM by Howard Bashman




Wednesday, August 10, 2011

"Exxon Wants Rehearing In Corporate Liability Dispute": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Lawyers for Exxon Mobil Corp. have asked the full U.S. Court of Appeals for the D.C. Circuit to reject a panel decision that exposed the oil giant to corporate liability for alleged atrocities in Indonesia."

You can access the rehearing petition at this link. My earlier coverage of the divided three-judge D.C. Circuit panel's ruling appears here and here.
Posted at 03:27 PM by Howard Bashman




Wednesday, August 10, 2011

"Ariz. governor on deadline for immigration appeal": The Associated Press has a report that begins, "Arizona Gov. Jan Brewer faces a Wednesday deadline for asking the U.S. Supreme Court to accept her appeal of a ruling that put on hold key parts of the state's immigration enforcement law."
Posted at 08:46 AM by Howard Bashman




Tuesday, August 9, 2011

"$10 fee at Colorado's Mount Evans, site of highest paved highway, upheld by federal court": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:00 PM by Howard Bashman




Tuesday, August 9, 2011

"U.S. appeals court reverses self on rights warning": Reuters has a report that begins, "Reasoning that the law regarding Miranda rights changed following a 2010 Supreme Court decision, a U.S. appeals court on Monday reversed itself in a case involving a suspect's statements to the police."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:22 AM by Howard Bashman




Tuesday, August 9, 2011

First Name Unknown; Last Name Unknown: The U.S. Court of Appeals for the Second Circuit today issued its ruling in a case captioned United States v. FNU LNU.
Posted at 10:23 AM by Howard Bashman




Tuesday, August 9, 2011

"The 3rd Circuit's Report Card From the U.S. Supreme Court -- Part II." Today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contains this month's installment of my "Upon Further Review" column.

Last month's installment, which was part one of this two-part series, can be accessed here.

In somewhat related news, I'll be at the Philadelphia headquarters of the U.S. Court of Appeals for the Third Circuit this afternoon to take part in an appellate mediation.
Posted at 09:52 AM by Howard Bashman




Tuesday, August 9, 2011

"District May Be Liable in Student's Sexual Assault, Court Rules": At the "School Law Blog" of Education Week, Mark Walsh has this post reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued last Friday.

And in other coverage, The Associated Press has a report headlined "Suit: Girl was checked out of Miss. school, raped."
Posted at 09:44 AM by Howard Bashman




Tuesday, August 9, 2011

"Democrats Challenging Administration on Medicaid": The New York Times today contains an article that begins, "In an unusual break with the White House, the Democratic leaders of Congress told the Supreme Court on Monday that President Obama was pursuing a misguided interpretation of federal Medicaid law that made it more difficult for low-income people to obtain health care."
Posted at 09:38 AM by Howard Bashman




Tuesday, August 9, 2011

"Appeal of prayer ruling OK'd": Today's edition of The Winston-Salem Journal contains an article that begins, "The Forsyth County Board of Commissioners voted 6-1 Monday night to ask the U.S. Supreme Court to reverse a lower court ruling that bans sectarian prayers at the commissioners' board meetings."
Posted at 09:37 AM by Howard Bashman




Tuesday, August 9, 2011

"Strong Opinions -- This year's biggest surprise at the Supreme Court: Elena Kagan's prose." Law professor Jeffrey Rosen has this article (pass-through link) in the August 18, 2011 issue of The New Republic.
Posted at 09:33 AM by Howard Bashman




Tuesday, August 9, 2011

"Bonds' lawyers: Rambling is not a federal offense." The Associated Press has this report.
Posted at 09:20 AM by Howard Bashman



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