How Appealing

Tuesday, November 29, 2005

“An Eminent Domain High Tide: Riviera Beach, Fla., wants to displace about 6,000 of its residents and raze their homes to build a yachting and residential complex.” The Los Angeles Times today contains an article that reports, “In what has been called the largest eminent-domain case in the nation, the mayor and other elected leaders want to move about 6,000 residents, tear down their homes and use the emptied 400-acre site to build a waterfront yachting and residential complex for the well-to-do”

Posted at 11:35 PM by Howard Bashman

“Abortion-notification case could test changing court”: Joan Biskupic will have this article Wednesday in USA Today, along with an article headlined “High court case may signal shift on abortion.” Meanwhile, on Thursday evening, you can see and hear Biskupic speak at the National Constitution Center in Philadelphia.

In Wednesday’s edition of Financial Times, Patti Waldmeir reports that “The US Supreme Court will today hear its first major abortion case in five years – the first big test of how the new chief justice, John Roberts, will rule on this controversial issue.”

And reports that “Precedent at Stake in Supreme Court Abortion Case.”

Posted at 11:30 PM by Howard Bashman

“Pa. Justices Sued for Alleged Violation of Due Process; Attorney aims at use of dismissal to enforce appellate issue limits”: tonight has made Shannon P. Duffy’s article, which I mentioned here earlier today, freely available at this link.

Posted at 11:14 PM by Howard Bashman

“25th Annual Federalist Society Student Symposium, Columbia Law School–February 24 & 25, 2006”: Details here.

Posted at 8:33 PM by Howard Bashman

“Pregnant woman’s manslaughter conviction reversed”: The Honolulu Advertiser provides a news update that begins, “The Hawai’i Supreme Court this morning reversed the manslaughter conviction for a 32-year-old woman whose use of crystal methamphetamine during her final days of pregnancy in 2001 led to the death of her two-day-old son. In a 38-page opinion, the court ruled that state law does not permit the prosecution of a mother’s prenatal conduct that causes the death of her baby. The prosecution was the first of its kind in Hawai’i and lawyers believed the court would be the only one in the country to uphold that type of conviction.”

Today’s ruling of the Supreme Court of Hawaii can be accessed online (opinion of the court; concurring opinion; and additional concurring opinion).

Posted at 8:05 PM by Howard Bashman

“Third time the charm? Scheidler case goes back to high court Nov. 30.” This article appears in the current issue of The Catholic New World.

And The Fort Worth Star-Telegram recently published a related editorial entitled “It keeps going and going.”

Posted at 6:30 PM by Howard Bashman

“A one-stop shop for the ‘best’ blogs; By gathering an elite group of widely read bloggers, a young media company hopes to make them more attractive to advertisers”: This article will appear Wednesday in The Christian Science Monitor.

Posted at 5:45 PM by Howard Bashman

Injured fan’s Phillies suit tossed out”: The Harrisburg Patriot-News today contains an article that begins, “More than two years after catching a thrown baseball with his face, Jeremy Loughran struck out in his quest for damages from the Philadelphia Phillies. The state Superior Court in Harrisburg, in a 2-1 decision last week, upheld last year’s Philadelphia County Court ruling that Loughran, of Holland, Bucks County, assumed the risk of getting injured when he attended a July 5, 2003, game between the Phillies and the Atlanta Braves at Veterans Stadium.”

You can access last week’s ruling of the Superior Court of Pennsylvania at this link.

Posted at 5:20 PM by Howard Bashman

“Women drop sexual harassment suit against gorilla’s caretaker”: provides a report that begins, “Two women who claimed they were pressured to show their breasts to Koko, the famous gorilla who communicates with humans through sign language, have dropped their sexual harassment lawsuit after reaching a settlement agreement earlier this week.” And Justin Scheck of reports that “Gorilla Lawsuit Nippled in the Bud.”

Posted at 5:05 PM by Howard Bashman

“Litigation Group Argues 50th Supreme Court Case”: The organization Public Citizen has issued a press release that begins, “Public Citizen Litigation Group argued its 50th case in front of the Supreme Court on Monday, November 28, in Will v. Hallock, an important case involving citizen access to the courts.”

Posted at 4:42 PM by Howard Bashman

“EBay Arrives at Supreme Court: A Landmark Patent Case.” The blog “Patently-O: Patent Law Blog” provides this post. In advance of the actual oral argument, the case will be mooted before a bench consisting of bobblehead U.S. Supreme Court Justices purchased at auction on eBay, and whichever side appears to receive more nods of agreement from the bench will be adjudged the winner.

Posted at 4:05 PM by Howard Bashman

“High Court Seems Ready to Dismiss Market-Power Precedent”:’s Tony Mauro provides a news update that begins, “The Supreme Court on Tuesday seemed ready to hand a victory to patent holders in a closely watched antitrust case that could have a broad impact on intellectual property law.”

In earlier coverage, Mauro reported that “High Court to Hear Case on 43-Year-Old Antitrust Precedent.”

And Daniel B. Ravicher has an op-ed entitled “They’ve Got the Power: The Supreme Court should stick by the antitrust presumption that patents create market power” in the current issue of Legal Times.

Posted at 4:02 PM by Howard Bashman

“BlackBerry Held Hostage: Pay Up–or You’re Done For; Patent cases have always been costly; Could they now be fatal too?” The December 12, 2005 issue of Fortune magazine contains an article that begins, “What would Osama bin Laden give to be able to knock out every BlackBerry in America and achieve an instant, sweeping disruption of commerce? The good news is he can’t do it. The weird and disconcerting news is that a company called NTP can and, unless it’s paid off, probably will sometime before Christmas.”

Posted at 3:25 PM by Howard Bashman

“Alito’s Appeals Court Record on Race, Gender”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.” The audio segment seems to conclude with the drum track from The Knack‘s “My Sharona.” Update: In actuality, the music at the end of the segment was “This One” by Scanty Sandwich.

Posted at 3:12 PM by Howard Bashman

Two interesting Seventh Circuit opinions issued today written by Circuit Judge Frank H. Easterbrook: In United States v. Cannon, the court holds that a mandatory third-strike sentence of life imprisonment without parole for cocaine possession with intent to distribute cannot be avoided by a federal district court’s finding that the defendant’s two earlier felony drug offenses were relatively minor.

And in Gates v. Towery, the court examines whether named plaintiffs who have initiated a federal civil rights class action challenging the procedures that Chicago uses for dealing with property that the police seize when making custodial arrests remain viable class representatives after the City provides them with checks for the money that was taken from them upon their arrests and the promise of interest.

Posted at 2:50 PM by Howard Bashman

“Time Warner’s Stupid Gag Order: Which Lloyd Grove spits out.” Online at Slate, Jack Shafer has a press box essay that begins, “What on earth did Time Warner Chairman Richard D. Parsons have in mind when he waited until the last minute to declare the Nov. 21 interview of Justice Antonin Scalia by Time Inc. Editor in Chief Norman Pearlstine before 100 journalists and businessmen at Time Warner’s New York headquarters as ‘off the record’?”

Posted at 1:48 PM by Howard Bashman

“N.H. AG to argue parental notification case”: Foster’s Daily Democrat contains this article today, along with an article headlined “Even in pro-choice N.H., public favors the law to keep parents involved.”

Meanwhile, in commentary, The Concord (N.H.) Monitor today contains an editorial entitled “Having a child must not be a punishment.”

And The Manchester (N.H.) Union Leader contains an editorial entitled “Ayotte’s big case: AG makes a name for herself.”

Posted at 11:54 AM by Howard Bashman

“Parents Ask Ninth Circuit to Rehear Sex Survey Case; Liberty Counsel filed a petition requesting the entire Ninth Circuit to rehear the case”: The organization Liberty Counsel has issued this press release today.

Posted at 11:14 AM by Howard Bashman

“Pa. Justices Sued for Alleged Violation of Due Process; Epstein Aims at Use of Dismissal to Enforce Appellate Issue Limits”: Today in The Legal Intelligencer, Shannon P. Duffy has an article (subscription required) that begins, “Attorney Alan B. Epstein and his firm, Spector Gadon & Rosen, have filed a federal civil rights suit alleging that the Pennsylvania Superior Court violated their due process rights when it dismissed their appeal of a $1.7 million judgment against them on the grounds that they had raised too many appellate issues. The suit was filed by attorneys Richard A. Sprague, Joseph R. Podraza Jr. and Thomas E. Groshens of Sprague & Sprague and names all seven justices of the Pennsylvania Supreme Court as defendants.”

The Pennsylvania Superior Court ruling about which this newly-filed federal lawsuit complains can be accessed here. The Legal Intelligencer’s earlier coverage of that ruling came in an article headlined “Court Tosses Appeal After Finding Lawyers Filed ‘Preposterous’ Number of Issues.” And I focused on that ruling in my January 2005 monthly appellate column, also published in The Legal Intelligencer, entitled “Attempting To Preserve 104 Issues For Appeal Results
In The Preservation Of None

Posted at 10:32 AM by Howard Bashman