How Appealing

Thursday, January 26, 2006

Meanwhile, back in New Jersey: Today in The Bergen Record, Amy Klein reports that “Chagares nominated to fill judgeship vacated by Chertoff.”

The Newark Star-Ledger reports today that “Stalemate broken on U.S. judges for Jersey; White House agrees to fill vacancies in Trenton, Camden and Newark.”

Men may be from Mars, and women from Venus, but The Asbury Park Press reports today that “Bush nominates a Neptune native for trial-court judgeship; She is currently a U.S. Magistrate.”

And The Philadelphia Inquirer reports today that “Prosecutor Bumb picked for U.S. bench; The assistant U.S. attorney’s big wins include Milton Milan’s conviction.”

Posted at 10:20 PM by Howard Bashman

“Flight attendants win case against Air Canada”: The Toronto Globe and Mail provides a news update that begins, “The Supreme Court of Canada ruled Tuesday that Air Canada’s flight attendants can compare their pay with that of pilots and ground crews to determine if they are being discriminated against because of gender.” You can access today’s ruling of the Supreme Court of Canada at this link.

Posted at 5:18 PM by Howard Bashman

In 9/11-related perjury prosecution against Osama Awadallah arising from testimony he gave under oath to a federal grand jury, Second Circuit affirms trial court’s prohibition on asking grand jurors to testify concerning their subjective impressions of the defendant’s demeanor and appearance: You can access today’s ruling at this link. The ruling is a setback to federal prosecutors, who took the appeal seeking to overturn the trial court’s pretrial order limiting the type of questions that could be put to grand jurors who will be called as witnesses for the prosecution at trial. Some additional background about the case can be accessed here.

Posted at 5:00 PM by Howard Bashman

“Euthanize Federal Mission Creep: Oregon’s assisted suicide law saved by Supreme Court’s liberal justices.” Shikha Dalmia has this essay online today at Reason.

Posted at 3:30 PM by Howard Bashman

“We remain somewhat troubled that, in contrast to most statutory construction cases where we are usually asked to construe the meaning of an ambiguous phrase or word, we are here faced with the task of striking a word passed on by both Houses of Congress and approved by the President, and replacing it with a word of the exact opposite meaning.” A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued an interesting order (taking the form of an opinion) addressing the procedure for perfecting an appeal under the recently enacted Class Action Fairness Act of 2005.

Finding the statutory language ambiguous, the Ninth Circuit today rules that the proper procedure for requesting appellate review under CAFA is the procedure set forth in Federal Rule of Appellate Procedure 5, titled “Appeal by Permission.”

Even more interesting, however, is the court’s discussion of the timing provision contained in the federal statute authorizing appellate review. That statute provides:

Section 1447 shall apply to any removal of a case under this section, except that notwithstanding section 1447(d), a court of appeals may accept an appeal from an order of a district court granting or denying a motion to remand a class action to the State court from which it was removed if application is made to the court of appeals not less than 7 days after entry of the order.

As today’s order explains, “the statute as written creates a waiting period of seven days before which an appeal is too early, with no upper limit to when an appeal ultimately may be filed.”

With respect to the statute’s express timing provision, today’s order states: “there is no apparent logical reason for the choice of the word ‘less’ in the statute, use of the word ‘less’ is, in fact, illogical and contrary to the stated purpose of the provision, and the statute should therefore be read to require that an application to appeal under §1453(c)(1) must be filed–in accordance with the requirements of FRAP 5–not more than 7 days after the district court’s order.”

Posted at 3:10 PM by Howard Bashman

“6th Circuit Court judge dies at 49; ‘Very respected’ jurist from Grosse Pointe Woods spent her life building law career”: The Detroit News provides an obituary that begins, “U.S. Court of Appeals Judge Susan Bieke Neilson, whose appointment to the 6th Circuit Court bench was confirmed by the Senate in October, died Wednesday night of pulmonary failure in Harper Hospital in Detroit.”

Judge Neilson joined the U.S. Court of Appeals for the Sixth Circuit on November 9, 2005. On October 27, 2005, as I then noted here, the U.S. Senate confirmed her to the Sixth Circuit by a vote of 97-0.

Posted at 2:15 PM by Howard Bashman

Unanimous three-judge Ninth Circuit panel rejects constitutional challenge to federal government’s civilian airline passenger identification policy: You can access today’s ruling in Gilmore v. Gonzales at this link. Additional details about the case can be accessed here.

Posted at 1:38 PM by Howard Bashman

“Disney Holders Ask Court to Reverse Pay Ruling”: Reuters provides a report that begins, “A lawyer representing Walt Disney Co. shareholders on Wednesday asked Delaware’s high court to reverse a ruling that found the company’s directors did not breach their duty when awarding former President Michael Ovitz a $130 million severance package.”

And The New York Times reports today that “Disney Shareholders Ask Court to Reverse Ovitz Pay Decision.”

Posted at 12:40 PM by Howard Bashman

“Alito Confirmation Looms, But Who Cares, Really? Alito Unfoldings Provoke a Dull Response.” Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 11:20 AM by Howard Bashman

“Killer’s execution stayed in challenge to lethal injection; One or possibly two Florida executions are on hold while the U.S. Supreme Court decides whether a convict can challenge lethal injection”: This article appears today in The Miami Herald, along with an article headlined “An unlikely champion in execution fight; A UM anesthesiologist finds himself in the midst of the controversy over whether lethal injections cause pain.”

The St. Petersburg Times reports today that “Death method may go on trial; Execution of a Florida killer is stayed to judge civil rights issues, but lethal injections could be next.”

The Orlando Sentinel reports that “Top court halts killer’s execution; The victory by a death-row inmate in Florida could temporarily quash all lethal injections in the country.”

The South Florida Sun-Sentinel reports that “U.S. Supreme Court to decide whether Florida’s executions are ‘cruel and unusual.’

The Pensacola News Journal reports that “Killer spared through April.”

The Gainesville Sun reports that “Blocked execution may lead to case vs. method.”

And Howard Mintz of The San Jose Mercury News reports that “Florida case may postpone execution; High Court questions use of lethal injection.”

Posted at 10:14 AM by Howard Bashman

“Fame offers no immunity to Survivor guilty of tax evasion; Deemed a flight risk, Richard Hatch, the first winner on the reality TV show, is being held at the Wyatt Detention Facility in Central Falls pending sentencing April 28”: This article appears today in The Providence (R.I.) Journal.

Posted at 8:44 AM by Howard Bashman

“Things are far from clear”: Today in The Fort Worth Star-Telegram, Linda P. Campbell has an op-ed that begins, “If you purchased invisible or transparent tape — you could be a winner!”

Posted at 7:30 AM by Howard Bashman

“Alito Debate Focuses on Executive Power; In Senate discussions on the nominee, Bush’s spy program and the Patriot Act are top issues”: The Los Angeles Times contains this article today.

The Washington Times reports today that “Parties shore up votes on Alito.” And David Limbaugh has an op-ed entitled “Unacceptably mainstream?

The Newark (N.J.) Star-Ledger reports that “Senate debate on Alito slides into a partisan war of words; Democrats and GOP keep trading charges of distortion, smears.”

The Richmond Times-Dispatch reports that “Allen warns against Alito filibuster.”

The Providence (R.I.) Journal reports that “Reed sees no friend to individual rights in Alito; will vote no; Reed joins a Democratic chorus against the Supreme Court nominee.”

The Huntsville Times reports that “Sessions expects vote by Friday.”

The Trenton Times reports that “Alito’s achievement a source of hometown and ethnic pride.”

The Arkansas News Bureau reports that “More Alito ads target Arkansas senators.”

The Philadelphia Inquirer reports that “Kean takes war with Menendez to Alito’s turf.”

And The Ithacan reports that “Alito endorsement stirs abortion debate.”

In commentary, The Wall Street Journal today contains an editorial entitled “The Roberts-Alito Court: Thank you, Ted Kennedy and Ralph Neas.”

And columnist Robert Novak has an essay entitled “What price Alito?

Posted at 7:15 AM by Howard Bashman

“Salazar: Thomas an ‘abomination’; High court justice no Thurgood Marshall, Colo. senator says.” This article appears today in The Rocky Mountain News.

Posted at 7:12 AM by Howard Bashman

“Words, Deeds on Spying Differed; Even as warrantless U.S. eavesdropping was being conducted, the White House opposed easing rules on the issue in 2002 to avoid public debate”: Today in The Los Angeles Times, David G. Savage has an article that begins, “Four years ago, top Bush administration lawyers told Congress they opposed lowering the legal standard for intercepting the phone calls of foreigners who were in the United States, even while the administration had secretly adopted a lower standard on its own.”

Posted at 7:00 AM by Howard Bashman