“Court ruling reignites tobacco suits; California justices unanimously reject a 2002 federal decision that had effectively blocked smokers from seeking damages”: Maura Dolan has this article today in The Los Angeles Times.
And today in The San Francisco Chronicle, Bob Egelko reports that “Supreme Court clears the way for tobacco injury lawsuits.”
You can access yesterday’s ruling of the Supreme Court of California at this link.
“Reporters in BALCO scandal criticized; Journalists’ decision to grant anonymity to a source with an ax to grind is questioned”: The Los Angeles Times contains this article today.
Today in The San Francisco Chronicle, Bob Egelko reports that “Lawyer enters guilty plea as BALCO leaker; Government backs off reporters — they avoid possible prison.”
The New York Daily News reports that “Feds drop the paper chase; Lawyer pleads to BALCO leaks.”
And The Guardian (UK) reports that “Journalists’ prison threat lifted after lawyer admits Balco leak.”
“In Fraud Case, 7 Years in Jail for Contempt”: This article appears today in The New York Times.
“City man named federal judge”: The Pocatello Idaho State Journal today contains an article that begins, “Sixth District Judge N. Randy Smith considers his unanimous confirmation Thursday to the Ninth Circuit Court of Appeals by the U.S. Senate a bittersweet moment.”
And The Associated Press reports that “Senate confirms judicial nominee.”
“Senate Consternation Process: Dianne Feinstein gets busy undercutting the war on terror at home.” Kimberley A. Strassel has this op-ed today in The Wall Street Journal.
“Ruling Favors Grandparents Seeking Visitation”: Today in The New York Sun, Joseph Goldstein has this article in which I am quoted.
And The Associated Press reports that “Top NY court upholds state’s grandparents visitation law.”
My earlier coverage appears at this link.
“Justice Alito’s Dissent in Cunningham v. California: How Can Someone So Wrong, Be So Right?” Vikram David Amar and Aaron Rappaport have this essay online today at FindLaw.
“Appeals court upholds Alabama’s ban on sale of sex toys”: The Associated Press provides this report.
My earlier coverage of yesterday’s Eleventh Circuit ruling appears at this link.
“Was Jose Padilla tortured by US military? The accused terrorist’s lawyers hope to use a competency hearing to show alleged mistreatment.” Warren Richey will have this article Friday in The Christian Science Monitor.
“Navy Lawyer Discusses Hamdan, Guantanamo”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Talk of the Nation.”
Lt. Cmdr. Charles Swift’s article headlined “The American Way of Justice,” published in the March 2007 issue of Esquire magazine, can be accessed here.
“Judicial Pay — Are Judges Being Selective with the Evidence?” Ben Winograd has this post at WSJ.com’s “Law Blog.”
“Justice Thomas Is a Cogent Thinker”: Today in The Los Angeles Daily Journal, Edward J. Loya Jr. has this review (scroll down) of Henry Mark Holzer‘s new book, “The Supreme Court Opinions of Clarence Thomas, 1991-2006: A Conservative’s Perspective.”
“On the Causes of Unpredictability of Federal Circuit Decisions In Patent Cases”: Law Professor Paul M. Janicke has posted this paper (abstract with links for download) online at SSRN (via “Legal Theory Blog“).
Oldest three-judge U.S. Court of Appeals panel to issue a decision? A professor from UC Hastings College of the Law passes along a message from a former student noting that yesterday a three-judge Ninth Circuit panel consisting of Senior Circuit Judges Otto R. Skopil, Jerome Farris, and Warren J. Ferguson issued a non-precedential opinion. The combined age of this panel is somewhere in the range of 249 to 252 years.
Of course, had the baby in the group — Judge Farris — been replaced by Senior Ninth Circuit Judge James R. Browning, the combined age of the judges on the panel would have increased by more than a decade.
The U.S. Courts’ biographical database lists a number of “Milestones of Judicial Service,” but the greatest combined age of a three-judge federal appellate panel is nowhere to be found among them. Any readers who recollect a three-judge federal appellate panel whose combined ages exceeds 249 to 252 years are invited to send me an email with the details.
Update: A reader has emailed news of a Ninth Circuit three-judge panel’s ruling from 2003 in which the combined age of the judges on the panel when the ruling issued was in the range of 252 to 254 years. Thereafter, that same reader emailed news of a three-judge Ninth Circuit panel from 2001 where the combined age of the judges when the ruling issued was in the range of 254 to 255 years. I’ll provide the details in a subsequent post.
“Senate Confirms Nomination of N. Randy Smith to Ninth Circuit Court of Appeals”: The U.S. Court of Appeals for the Ninth Circuit issued this news release today.
My earlier coverage appears here.
Second Circuit revives Starbucks versus Mr. Charbucks trademark dilution lawsuit: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Feds: Idea is patently ridiculous; A Miami Beach man’s get-rich-quick idea stalled after the government said he couldn’t trademark the name Obama bin Laden.” This article appears today in The Miami Herald. The newspaper has posted online both the trademark application and the PTO’s rejection.
“Tighten abortion waiver, Storms says”: The St. Petersburg Times today contains an article that begins, “Sen. Ronda Storms wants to make it more difficult for minors to get abortions without getting their parents’ permission.”
And The Atlanta Journal-Constitution provides a news update headlined “Abortion bill clears Senate committee.”
And The Associated Press reports from Tennessee that “Death Certificates on Abortions Proposed.”
“Republicans Block Bill on U.S. Attorneys”: The Associated Press provides a report that begins, “Senate Republicans blocked a bill Thursday that would curb the Justice Department’s power to fire and replace federal prosecutors. Democrats had sought to give the courts a role in the appointments of U.S. attorneys, to GOP opposition.”
“Restoring a Right: The detention and treatment of foreign prisoners still needs to be reformed.” This editorial appears today in The Washington Post.
“Students Sue Over NCAA Indian Name Ban”: The Associated Press provides a report that begins, “Students who portray University of Illinois mascot Chief Illinwek filed a lawsuit Thursday to end the NCAA’s sanctions against the school. The complaint filed in Champaign County Circuit Court also seeks to stop the university’s board of trustees from complying with NCAA sanctions.”
And The Chicago Tribune provides a news update headlined “2 Chief Illiniweks sue school, NCAA.”
“When the Divorce Court Leads to a Jail Cell”: The New York Times contains this article today.
“Canada Is Set to Allow Expiration of 2 Broad Antiterrorism Laws”: This article appears today in The New York Times.
“Settlement reached in Microsoft trial; Details to come in April; schools will get some unclaimed funds”: The Des Moines Register today contains an article that begins, “Lawyers announced a settlement of the Iowa class-action case against Microsoft on Wednesday, sending home a Polk County trial jury that has spent nearly three months hearing the complicated civil lawsuit. Details of the settlement in the antitrust case won’t be announced until a preliminary hearing on April 20.”
By a vote of 94-0, the U.S. Senate has confirmed N. Randy Smith to serve on the U.S. Court of Appeals for the Ninth Circuit: You can access the official roll call vote at this link.
New York’s highest court rejects challenge to the constitutionality of that State’s grandparent visitation law: You can access today’s ruling of the Court of Appeals of New York at this link.
“Many license plate frames illegal; Court ruling gives police power to stop cars with partially obscured plates”: The Austin American-Statesman today contains an article that begins, “Texans who unintentionally cover even a small portion of their car’s license plate can be stopped by police, ticketed and perhaps arrested for the offense, the state’s highest criminal court ruled Wednesday. The 8-1 decision left three Court of Criminal Appeals judges holding their noses — proclaiming the statute ‘uncommonly bad,’ but acknowledging that the letter of the law prohibits drivers from encasing their license plate in a frame that obscures the state name, state nickname or even portions of the artwork.”
Yesterday’s ruling of the Texas Court of Criminal Appeals — that State’s highest court in criminal cases — consists of a majority opinion; two concurring opinions (see here and here); and a dissenting opinion.
Thanks to “Texas Law Blog” for the pointer.
“Is Kansas wavering over death penalty? Poll suggests voters open to other punitive measures.” This article appears today in The Wichita Eagle.
“Senators Oppose Policy on U.S. Attorneys”: The Associated Press provides a report that begins, “Congressional Democrats and some Republicans are trying to change part of the USA Patriot Act that allows the Bush administration to fire and replace federal prosecutors indefinitely without Senate confirmation.”
And McClatchy Newspapers recently reported that “5 ousted U.S. attorneys received positive job evaluations.”
“Moodie changes mind on retirement; Suspended lawyer Rob Moodie, who yesterday resolved to leave the law for good, has decided to remain after all”: The New Zealand Press Association provides an article reporting that “In a judgment released yesterday, the High Court suspended Dr Moodie for three months, effective immediately, fined him $5000, and ordered him to pay costs…. Dr Moodie, who officially changed his name to Miss Alice and donned women’s clothing at court as part of his protest against the ‘old boys network’ he says runs the judiciary, today said he had no intention of paying the fine.”
And The Dominion Post of Wellington, New Zealand reports today that “Moodie dumps Alice and the law.”
“PM says he’ll pick judges who are tough on crime; Ignatieff warns Harper comments raise concerns over separation of powers”: This front page article appears today in The Toronto Globe and Mail.
“Students argue before Chief Justice Roberts”: The Record of Washington University in St. Louis has posted this article online today.
“Government opposes quick relief for detainee”: Lyle Denniston has this post at “SCOTUSblog.”
“Courts in fog on sentencing after overturning of law”: The Press-Enterprise of Riverside, California today contains an article that begins, “The U.S. Supreme Court decision that overturned California’s sentencing law has left judges and lawyers across the state waiting for legislators to fill the legal vacuum left by last month’s ruling.”
“Thomas Fairchild, 94, Dies; Tried to Unseat McCarthy”: The New York Times today contains an obituary that begins, “Thomas E. Fairchild, a federal appeals court judge for four decades who tried unsuccessfully to unseat Senator Joseph McCarthy in 1952, died on Monday in Madison, Wis. He was 94.”