How Appealing

Thursday, July 20, 2006

“Award Against Ford Cut Again; A court reduces the amount to be given to a woman left paralyzed after a rollover accident to $82.6 million”: This article appears today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that “Ford suit damages reduced to $82 million.”

And The San Diego Union-Tribune reports that “Jury’s award in rollover cut in half; But Ford’s request for new trial fails.”

You can access yesterday’s ruling of California’s Court of Appeal for the Fourth Appellate District, Division One, at this link.

Posted at 11:20 PM by Howard Bashman

“Lawyers spar on denial Conte was leak; Prosecutors argue paper lost any right to protect source”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The Justice Department, which wants two Chronicle reporters to identify their source for grand jury testimony about steroids and sports, is arguing that the reporters forfeited any right to keep the source confidential by revealing in legal papers that it wasn’t Victor Conte, the founder of the Bay Area Laboratory Co-Operative.”

Posted at 11:05 PM by Howard Bashman

“Frist Hails Continued Progress on Judicial Nominees”: The U.S. Senate‘s Majority Leader issued this press release late today. According to the press release, the Senate late today “confirmed Neil M. Gorsuch to the U.S. Court of Appeals for the 10th Circuit, Bobby E. Shepherd to the U.S. Court of Appeals for the 8th Circuit.”

Posted at 6:40 PM by Howard Bashman

“Portrait of a Blogger: Under 30 and Sociable; Survey Finds Need to Connect With Family and Friends and to Meet New People.” The Washington Post contains this article today. The survey that is the subject of the report can be accessed here.

Posted at 6:36 PM by Howard Bashman

“Review Panel Flays Judge; Sets Public Hearing For Sullivan; 1-Year Suspension Possible”: Lynne Tuohy has this article today in The Hartford Courant.

Posted at 6:20 PM by Howard Bashman

“In sum, in future cases, district courts should not instruct juries to the effect that a testifying defendant has a deep personal interest in the case. Rather, a witness’s interest in the outcome of the case ought to be addressed in the court’s general charge concerning witness credibility.” The U.S. Court of Appeals for the Second Circuit today issued this opinion vacating a conviction obtained in a criminal case on a charge of being a felon in possession of a firearm.

Posted at 6:05 PM by Howard Bashman

“We take this opportunity to express our concern over the current formulation of Rule 68 and to recommend to the Advisory Committee on Civil Rules and the Standing Committee on Practice and Procedure of the Judicial Conference of the United States that they address the question of how an offer and judgment should be compared when non-pecuniary relief is involved.” So says a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a ruling issued today.

Posted at 6:00 PM by Howard Bashman

Greetings from the Eighth Circuit Judicial Conference: This morning, I delivered my remarks, and they seemed quite well-received. My wife and I had the pleasure of sharing the breakfast table this morning with Circuit Judge Morris S. Arnold, whom I did not get a chance to meet during my last talk to the Eighth Circuit in September 2004 in St. Louis.

Also today, I had the pleasure of speaking with U.S. Magistrate Judge Bobby E. Shepherd, who as early as moments from now may be confirmed by the U.S. Senate to fill Judge Arnold’s seat on the Eighth Circuit when Judge Arnold takes senior status this October. I may also be quoted in tomorrow’s issue of The Arkansas Democrat-Gazette in an article reporting on Judge Shepherd’s confirmation should it occur this evening.

And, before leaving the topic of Arkansas, last night my wife and I had the pleasure of speaking with U.S. District Judge J. Leon Holmes.

One of the highlights of my visit thus far was getting to spend some time speaking with Senior Eighth Circuit Judge Gerald W. Heaney, who will be retiring entirely from judicial service in the very near future. My wife and I had lunch today with Judge Heaney and his wife, and Judge Heaney is an incredibly impressive individual and also a war hero. During the final three-judge panel sitting that Judge Heaney recently participated in, his colleagues on the panel offered a tribute that you can listen to by clicking here (Windows Media Player required). Circuit Judge Lavenski R. Smith presided over those oral arguments, and it is his voice that you will hear at the outset of the audio recording.

My wife and I will be returning to Philadelphia tomorrow, after Circuit Justice Samuel A. Alito delivers his remarks.

Posted at 5:45 PM by Howard Bashman

“Judge won’t dismiss suit over domestic spying; Government, AT&T had sought to have case thrown out”: Bob Egelko of The San Francisco Chronicle provides this news update.

David Kravets of The Associated Press reports that “Judge Refuses to Dismiss Spying Lawsuit.”

And c|net reports that “Judge refuses to drop spying suit against AT&T.”

You can access today’s ruling of the U.S. District Court for the Northern District of California at this link.

Posted at 5:30 PM by Howard Bashman

“Judge strikes down law banning cohabitation”: The News & Observer of Raleigh, North Carolina provides an update that begins, “Those of you shacking up out of wedlock, have no fear: A judge has thrown out a 201-year-old North Carolina law making it illegal for unmarried couples to live together.”

And The Associated Press reports that “N.C. Law Banning Cohabitation Struck Down.”

Posted at 2:15 PM by Howard Bashman

“Why The ‘Compromise’ Foreign Surveillance Wiretap Legislation Pending in Congress Is No Compromise: The Bill, and Senator Specter’s Strange Reversal on the Issue.” Edward Lazarus has this essay online today at FindLaw.

Posted at 7:20 AM by Howard Bashman