How Appealing



Monday, February 27, 2006

Today’s appellate court filing: Between now and Monday, March 13, 2006, I’ll be filing three reply briefs in the U.S. Courts of Appeals. The reply brief that I’m filing today in the U.S. Court of Appeals for the Fourth Circuit involves a dispute between a primary insurer and a reinsurer over whether the termination of a reinsurance treaty required the reinsurer to return more than $2 million in active life reserves to the insurer. The opening Brief for Appellant can be accessed here. The case is tentatively scheduled for oral argument in Richmond, Virginia sometime during the last week in May 2006.

Posted at 2:30 PM by Howard Bashman



“Merck’s fight looks tougher in NJ; Lanier, the only lawyer to defeat drug maker in a Vioxx suit, returns for round two”: CNNMoney.com provides this report.

Posted at 2:15 PM by Howard Bashman



“Will high court draw the lines? The Supreme Court will hear arguments on the 2003 Texas redistricting; Its decision could change the future of politics as usual.” This article appears today in The St. Petersburg Times.

Posted at 1:54 PM by Howard Bashman



A drag racing death near Detroit and the state-created danger doctrine: A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this interesting decision today. According to the dissenting opinion, “What really matters is [plaintiff’s] evidence that the race was about to be called off for fear of police intervention but ultimately went forward after the officers actively encouraged the race to proceed, reassuring the drag racers and the crowd that nobody would be arrested for conducting the race.”

Posted at 9:58 AM by Howard Bashman



“Blogging law profs assault ivory tower; Is it scholarship, or a cyber chit-chat?” This article appears in this week’s issue of The National Law Journal.

Posted at 9:05 AM by Howard Bashman



“Death Penalty Trials a Painstaking Process”: The Associated Press provides this report focusing on the Zacarias Moussaoui trial.

Posted at 9:03 AM by Howard Bashman



“Congress Puts ‘Partial-Birth’ Abortion Back on the Supreme Court’s Agenda”: This week’s installment of my “On Appeal” column for law.com can be accessed here.

Posted at 7:00 AM by Howard Bashman



“Blog Epitaphs? Get Me Rewrite! Rumors of Blogs’ Demise Are Exaggerated, But a Lot Less Obsession Would Be Healthy.” Jason Fry has this essay (free access) online today at The Wall Street Journal.

Posted at 6:45 AM by Howard Bashman



“The Supreme Court’s Unanimous Decision Recognizing a Religious Right to Use Hallucinogenic Tea”: FindLaw commentator Michael C. Dorf has this essay today.

Posted at 6:40 AM by Howard Bashman



Sunday, February 26, 2006

On this date in “How Appealing” history: Three years ago today, on February 26, 2003, I had a post titled “Onan he arbarian” reporting on a passage from a Seventh Circuit opinion that had issued that day. That post’s link to the opinion no longer works, but the opinion can now be accessed here.

Posted at 10:44 PM by Howard Bashman



“Plan B Battles Embroil States; Proposals Mirror Red-Blue Divide”: The Washington Post on Monday will contain a front page article that begins, “Filling a void left by the Food and Drug Administration’s inability to decide whether to make the ‘morning-after’ pill available without a prescription, nearly every state is or soon will be wrestling with legislation that would expand or restrict access to the drug.”

Posted at 10:33 PM by Howard Bashman



“New cyberstalking law challenged over ‘annoy’ language”: David L. Hudson Jr. has this article online at the First Amendment Center.

Posted at 10:15 PM by Howard Bashman



“Drawing the Line: Will Tom DeLay’s redistricting in Texas cost him his seat?” Jeffrey Toobin, with whom you can visit tomorrow evening in Fort Wayne, Indiana, will have this Annals of Law article [large PDF file] in the March 6, 2006 issue of The New Yorker.

Posted at 12:14 PM by Howard Bashman



“Groups fear fallout from Supreme Court cases; Limitation of Clean Water Act’s scope could spell trouble for Ohio wetlands”: The Columbus Dispatch contains this article today.

Posted at 11:59 AM by Howard Bashman



“Psycho Path Voted Wackiest Street Name”: The Associated Press provides this report. According to the official results, “Third Prize goes to Farfrompoopen Rd., which we’re told is the only way to get to Story, Arkansas’ Constipation Ridge.”

Posted at 11:55 AM by Howard Bashman



“Reality Check for ‘Roe’: With the hard right hoping for reversal, the black-and-white war over abortion finds itself immersed in shades of gray.” The March 6, 2006 issue of Newsweek will contain this article.

Posted at 11:48 AM by Howard Bashman



“Repeal joint and several liability; The legal doctrine encourages plaintiffs to go after big companies and wealthy individuals, who can get stuck paying damages beyond their portion of fault”: This editorial appears today in The St. Petersburg Times.

Posted at 11:44 AM by Howard Bashman



“An Odd Map, A Big Flap; Texas redistricting comes before the Supreme Court”: The March 6, 2006 edition of U.S. News & World Report will contain this article.

Posted at 11:40 AM by Howard Bashman



“Plan B battle shifts to states; FDA’s inaction on ‘morning-after’ pill boosts momentum”: Friday’s edition of The Baltimore Sun contained this article.

Posted at 9:10 AM by Howard Bashman