How Appealing



Tuesday, November 28, 2006

“Reading Twombly Tea Leaves on Boylston Street”: Randy Picker has this post today at “The Faculty Blog” of the University of Chicago Law School.

Posted at 2:40 PM by Howard Bashman



Show me the money! U.S. District Judge James Robertson of the U.S. District Court for the District of Columbia today issued a ruling in American Council of the Blind v. Paulson, Secretary of the Treasury holding that “the Treasury Department’s failure to design and issue paper currency that is readily distinguishable to blind and visually impaired individuals violates § 504 of the Rehabilitation Act.”

Earlier, the opinion observes that “Most people with low vision, and all blind people, are incapable of looking at American currency and distinguishing one denomination from another.”

Judge Robertson has certified his decision as one involving “a controlling question of law as to which there is substantial ground for difference of opinion, and an immediate appeal from this order may materially advance the ultimate termination of this litigation.” As a result, the U.S. Treasury Department can now pursue an interlocutory appeal by permission to the U.S. Court of Appeals for the D.C. Circuit.

Posted at 2:25 PM by Howard Bashman



Does the U.S. Navy discriminate against evangelical chaplains? Today the U.S. Court of Appeals for the D.C. Circuit issued an opinion addressing the claims of unlawful discharge asserted by Rev. D. Philip Veitch.

The D.C. Circuit’s opinion’s first paragraph concludes: “[Veitch’s] complaint alleged that he had been constructively discharged for unconstitutional reasons; that the Navy had forced him out of the service in violation of his First Amendment rights to free speech and free exercise of religion and in contravention of the Establishment Clause. The district court concluded that since Veitch had resigned voluntarily, he lacked standing to bring his constitutional claims. We affirm.”

Posted at 10:40 AM by Howard Bashman



“Philip Morris prevails in Illinois smokers’ suit”: The St. Louis Post-Dispatch contains this article today.

And in other cert. denied-related coverage, The Providence (R.I.) Journal reports today that “High court won’t hear smoke-shop raid case; The U.S. Supreme Court’s decision means a federal appeals court ruling that the state had the right to raid the Indian smoke shop in 2003 will stand.”

The Express-Times of Easton, Pennsylvania reports today that “Supreme Court rejects tribe’s claim to Forks Township land.”

And The Allentown Morning Call reports that “High court rejects Indian tribe’s case; Forks property owners are pleased that land dispute is over.”

Posted at 8:50 AM by Howard Bashman



“City in suit on climate change; High court to hear arguments on EPA’s authority to regulate greenhouse gases”: This article appears today in The Baltimore Sun.

Posted at 8:45 AM by Howard Bashman



“Dixie courthouse unveils the Ten Commandments”: The Gainesville Sun today contains an article that begins, “Dozens of county residents took a few extra minutes on the way home from church Sunday or on the way to work Monday morning to drive past the Dixie County courthouse to see for themselves if what they had heard was true. It was. A six-ton block of granite bearing the Ten Commandments had been installed atop the courthouse steps. Inscribed at the base was the admonition to ‘Love God and keep his commandments.'”

The newspaper also provides this photograph of the monument.

Posted at 8:40 AM by Howard Bashman



“Reduced payout in libel suit rejected; State’s top judge offered to lessen $7 million award”: The Chicago Tribune today contains an article that begins, “An attorney for Illinois Supreme Court Chief Justice Robert Thomas said Monday that his client offered to accept a reduced settlement after a $7 million victory in a defamation case against a Kane County newspaper, but opposing attorneys did not respond.”

Posted at 8:35 AM by Howard Bashman



“Justices rule on transport of medicinal pot; State high court decision protects patients who carry marijuana for their own use; The action expands defense options, attorney says”: Maura Dolan has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that “Transporting pot is legal for medicinal users, court rules; But conviction of man with a pound of marijuana upheld.”

You can access yesterday’s ruling of the Supreme Court of California at this link.

Posted at 8:25 AM by Howard Bashman



“Giordano Attacked In Prison”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “Former Waterbury Mayor Philip Giordano, serving a 37-year sentence for sexually assaulting two preteen girls while mayor, was attacked this past weekend by another inmate in a housing unit at a Newtown prison.”

And The News-Times of Danbury reports today that “Garner prisoner accused of assaulting ex-Waterbury mayor.”

Posted at 8:04 AM by Howard Bashman



On this date in 1975: As The Associated Press notes here, “President Ford nominated Federal Judge John Paul Stevens to the U.S. Supreme Court seat vacated by William O. Douglas.”

Posted at 8:00 AM by Howard Bashman



“An Intelligent Choice for A Key Panel”: Today in The Washington Post, attorney Terence J. Anderson has an op-ed that begins, “No one can reasonably question Alcee Hastings’s qualifications to serve as chairman of the House intelligence committee.”

Posted at 7:54 AM by Howard Bashman



“Beyond Same-Sex Marriage: Can Mitt Romney spur a broader debate?” Brendan Miniter has this essay online today at OpinionJournal.

Posted at 7:48 AM by Howard Bashman



“Trial of Class-Action Law Firm Is Set for 2008”: The New York Times today contains an article that begins, “The trial of the prominent class-action securities law firm Milberg Weiss Bershad & Schulman and two of its named partners has been scheduled for January 2008 so that defense lawyers will have time to prepare if additional charges are filed.”

And The Los Angeles Times reports today that “Milberg Weiss fraud case may grow.”

Posted at 7:40 AM by Howard Bashman



Monday, November 27, 2006

“Case Heats Up Global Warming Debate; Supreme Court Showdown Over EPA Regulation Of Greenhouse Gases May End Up In Congress”: CBS News legal analyst Andrew Cohen has this essay today.

Posted at 10:48 PM by Howard Bashman



For fans of Federal Rule of Civil Procedure 8‘s “short and plain statement” rule of pleading: It’s not every day that the U.S. Supreme Court has occasion to hold an oral argument focusing on just how concise is too concise when it comes to pleading a valid cause of action in federal court. But today was such a day.

Fans of FRCP 8 (and of Seventh Circuit decisions applying the rule; see this decision, for example) will certainly enjoy reading the transcript of today’s oral argument in Bell Atlantic v. Twombly, No. 05-1126. During oral argument, Form 9 of the FRCP’s Appendix of Forms is mentioned. You can access Form 9 online at this link.

Update: Apropos of my law.com essay from May 2006 headlined “Scalia-Alito Is the New O’Connor-Ginsburg,” it is interesting to note that on page 7 of today’s oral argument transcript, attorney Michael Kellogg refers to Justice Ginsburg as “Justice O’Connor” before correcting himself.

Posted at 8:25 PM by Howard Bashman