How Appealing

Monday, April 30, 2007

No surprise — The Seventh Circuit knows its Easterbrook brothers: In this post from April 2003, I noted a news blurb that referred to “Judge Gregg Easterbrook” of the “6th U.S. Circuit Court of Appeals.”

In footnote one (on page 5) of this opinion issued today, avid sports fan and Seventh CIrcuit Judge Terence T. Evans demonstrates that he certainly knows his Easterbrook brothers. The footnote concludes that “[f]rom now on, a second-guesser should be called a ‘Tuesday Morning Quarterback.'”

Posted at 11:58 PM by Howard Bashman

“High-Speed Case Crashes in High Court; Majority: 11th Circuit shouldn’t have relied on plaintiff’s version of events belied by videotape.” provides this report.

Posted at 11:52 PM by Howard Bashman

“UVa law students’ case picked by Supreme Court”: The Daily Progress of Charlottesville, Virginia today contains an article that begins, “A group of University of Virginia law students is venturing into an arena few legal professionals experience as it prepares arguments for a Supreme Court case.”

Posted at 11:44 PM by Howard Bashman

“High court: police can use violent means to end high-speed chases; The Supreme Court’s 8-to-1 decision involved a Georgia teenager, who sued a police deputy who rammed the teen’s speeding car, causing serious physical damage.” Warren Richey will have this article Tuesday in The Christian Science Monitor.

Posted at 10:03 PM by Howard Bashman

“Supreme Court to weigh fate of Houston teens’ killer”: The Houston Chronicle provides a news update that begins, “The U.S. Supreme Court agreed today to consider whether one of the six killers of Houston teen-agers Jennifer Ertman and Elizabeth Pena should escape execution because he was denied a chance to get legal assistance from the Mexican consulate. As requested by the Bush administration, the high court will hear arguments in the fall on the case of Jose Medellin, a Mexican citizen sent to Texas death row in the notorious 1993 rape-murder case.”

Posted at 8:30 PM by Howard Bashman

In memory of Senior Eighth Circuit Judge Donald P. Lay: The Eighth Circuit confirms that Judge Lay passed away peacefully at his home on Sunday, April 29, 2007. I am further told that, in lieu of flowers, donations in his memory may be made to the Muscular Dystrophy Association or the Boy Scouts of America.

Posted at 5:00 PM by Howard Bashman

“Supreme Court declines to enter fray on detainee trials; Monday’s action helps to clear the way for the next military trials against terror suspects at Guantanamo Bay”: Warren Richey will have this article Tuesday in The Christian Science Monitor.

Posted at 3:53 PM by Howard Bashman

Ninth Circuit rejects challenge to Gilroy (Calif.) Garlic Festival’s prohibition against the wearing of gang colors or other demonstrative insignia, including motorcycle club insignia: The only thing more fearsome than a gang member decked out in demonstrative insignia is a gang member decked out in demonstrative insignia who reeks of garlic. You can access today’s Ninth Circuit ruling at this link.

Posted at 3:11 PM by Howard Bashman

Ninth Circuit rejects constitutional challenge to California’s vexatious litigant statute: You can access today’s ruling at this link. The challenger to the law’s constitutionality appeared pro se on appeal.

Posted at 3:00 PM by Howard Bashman

“Online Video Clips: Not Just for Porn Anymore.” David Lat has this post at “Above the Law.”

At “The Volokh Conspiracy,” Orin Kerr has this related post.

At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Let’s Go to the Videotape.”

At “The Indiana Law Blog,” Marcia Oddi offers these thoughts.

And at the “New York Personal Injury Law Blog,” you can access a post titled “US Supreme Court Goes Multimedia — Video is Part of Decision.”

My earlier coverage appears here. YouTube, meet SCOTUSTube.

Posted at 2:33 PM by Howard Bashman

Reuters is reporting: James Vicini has articles headlined “Court rules police can’t be sued in high-speed chase” and “U.S. court to decide case of Mexican on death row.”

Also available online are articles headlined “Court won’t hear appeal by Guantanamo prisoners“; “US high court loosens patent ‘obviousness’ test“; “U.S. top court rules for Microsoft in patent case“; “Court won’t review same-sex union custody case“; and “Top court won’t hear power plant pollution rule.”

Posted at 2:24 PM by Howard Bashman

U.S. Supreme Court sends latest round of impending federal procedural rule changes to Congress: In addition to issuing an Order List and announcing rulings in five argued cases, today the Supreme Court of the United States also sent to the U.S. Congress the amendments to the Federal Rules of Appellate Procedure, Bankruptcy Procedure, Civil Procedure, and Criminal Procedure that will take effect on December 1, 2007 absent any intervening disapproval from Congress.

The lone change to the Federal Rules of Appellate Procedure due to take effect this December involves the subject of privacy protection.

Posted at 1:00 PM by Howard Bashman

“Senators Leery of Another Supreme Court Fight”: Roll Call today contains an article (subscription required) that begins, “Just over a year after confirming President Bush’s second nominee to the Supreme Court, many Senators say they are holding their breath that they won’t have to entertain another high court vacancy this Congress, anticipating a battle royal that likely would bring the narrowly divided chamber to a partisan standstill.”

Posted at 12:54 PM by Howard Bashman

“Court Refuses Child Visitation Dispute”: The Associated Press provides a report that begins, “The Supreme Court on Monday declined to get involved in a dispute between two former lesbian lovers over visitation rights involving a 4-year-old child.”

Posted at 12:47 PM by Howard Bashman

Ninth Circuit Judge Alex Kozinski versus blogs linkwrap: On Friday, I had a post titled “Ninth Circuit Judge Alex Kozinski’s take-down of blogs is itself taken down.”

More recently, the audio has appeared back online, available here (most relevant audio excerpt) and here (full audio segment; click “listen” at this link’s destination to launch audio).

The full audio segment also includes Judge Kozinski’s interesting explanation of his discovery that David Lat was probably the author of the blog “Underneath Their Robes” before Lat’s official unmasking occurred in an article that Jeffrey Toobin published in The New Yorker.

A formatted PDF version of the Google cache transcript (which is less than 100% accurate) of that full audio segment can be accessed here. A formatted transcript of Judge Kozinski’s complete talk, consisting of a total of four audio segments, is forthcoming.

Yesterday, I collected links to all my related earlier coverage in a single post that you can access here.

All that remains to be determined is why the audio and transcript of Judge Kozinski’s October 2006 talk to Law Professor Eric Goldman‘s cyberlaw class was removed from the web site of the High Tech Law Institute at Santa Clara Law School once bloggers other than Professor Goldman (see his initial post here) began to link to it and discuss it. I have emailed Professor Goldman on Friday to ask why the material was taken off-line, but I thus far have received no answer.

Posted at 12:40 PM by Howard Bashman

In products liability case, federal district court properly subjected opinions of generalist “expert for hire” to greater scrutiny: According to a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today, “This Court has recognized for some time that expert testimony prepared solely for purposes of litigation, as opposed to testimony flowing naturally from an expert’s line of scientific research or technical work, should be viewed with some caution.” The ruling affirms the district court’s exclusion of the expert’s proposed testimony and the entry of summary judgment in the defendant’s favor that necessarily followed therefrom.

Posted at 11:44 AM by Howard Bashman

Here’s a first — A U.S. Supreme Court decision issued today has its own accompanying video: Talk about multimedia rulings! The Court’s opinion today in Scott v. Harris, No. 05-1631 — a dispute about the lawfulness of a high-speed police chase captured on video — appears online at the Supreme Court’s web site with this 91.7 MB RealPlayer video file. No word yet from the Court on whether the volume of U.S. Reports in which this decision will appear will include its own embedded video player.

Posted at 11:19 AM by Howard Bashman

Majority opinion by Chief Justice John G. Roberts, Jr.; dissenting opinion by Justice Samuel A. Alito, Jr.: See today’s ruling in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345. Proving once again that there’s nothing like a dormant Commerce Clause solid waste disposal dispute to fracture traditional alliances on the Court.

Posted at 11:14 AM by Howard Bashman