How Appealing



Monday, April 16, 2007

California Supreme Court set to rule today on procedure for certifying class action cases: California’s highest court has announced that it plans to issue a decision today in Fireside Bank v. Superior Court of Santa Clara County (Sandra Gonzalez, Real Party). The case presents the following question:

May a trial court ever depart from the preferred practice of deciding whether to certify a class action before adjudicating any class claims on the merits, or is the rule against such “one-way intervention” in class actions a firm prohibition applicable in all circumstances?

The decision of the California Court of Appeal in the case can be accessed here (Microsoft Word document).

The blog “The UCL Practitioner” has previously covered the case in posts that you can access here and here. Today’s ruling is scheduled to issue at 1 p.m. eastern time and will be available via this link.

Update: You can access today’s ruling at this link.

Posted at 10:15 AM by Howard Bashman



“Overtime case may change pay rules for home care workers”: The Chicago Tribune today contains an article that begins, “The U.S. Supreme Court today will hear a case that could affect hundreds of thousands of home care workers and their elderly and disabled clients.”

Posted at 7:45 AM by Howard Bashman



“The N-Word and a Plaintiff’s Right to His Day in Court”: You can access at this link today’s installment of my weekly “On Appeal” column for law.com.

Posted at 6:48 AM by Howard Bashman



“When a Judge Offers an Opinion Away From the Bench”: Today in The New York Times, the brand new installment of Adam Liptak‘s “Sidebar” column (TimesSelect temporary pass-through link) begins, “Judge Wendell L. Griffen sits on the state appeals court here, and he likes to give a lively speech now and then. That may cost him his job.”

Posted at 6:40 AM by Howard Bashman



Online today at FindLaw: Julie Hilden has an essay entitled “A Student Who Posted Profanities About Her School Principal on MySpace Wins Before The Indiana Court of Appeals: Why the State Constitution Protected Her, And How She Would Have Fared Under The First Amendment.”

And Jonna M. Spilbor has an essay entitled “Closing The Door On the Duke Lacrosse Rape Claims: Why the Accuser Should Be Prosecuted, and The State Should Revamp the Way It Handles False Crime Reports.”

Posted at 6:34 AM by Howard Bashman



“Overheated: The Court’s EPA ruling won’t clean up our air.” Benjamin Wittes has this essay online today at The New Republic.

Posted at 6:30 AM by Howard Bashman



Sunday, April 15, 2007

“Dog case may set murder standard; Infamous attack and subsequent trial consumed San Francisco and sparked a nationwide debate over killer dogs”: Maura Dolan will have this article Monday in The Los Angeles Times.

Posted at 11:45 PM by Howard Bashman



Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained audio segments entitled “Gonzales Admits Missteps in Attorney Firings” and “Home Health Aides Seek Labor Protections.”

And today’s broadcast of “Weekend Edition Sunday” contained audio segments entitled “Jury Selection to Begin at Padilla Trial” and “Durham Seeks Calm After Duke Lacrosse Case.”

RealPlayer is required to launch these audio segments.

Posted at 10:44 PM by Howard Bashman



“‘Nothing to Hide,’ Gonzales Insists Before Senate Hearing”: This article will appear Monday in The New York Times.

The Washington Post on Monday will report that “Ex-Justice Official’s Statements Contradict Gonzales on Firings.”

Monday’s edition of The Los Angeles Times will report that “Gonzales to insist attorney firings were appropriate; In Tuesday Senate hearings, the attorney general plans to acknowledge mistakes in the dismissals, but will maintain that none of the prosecutors were fired for political reasons.”

And McClatchy Newspapers report that “Gonzales declares he has `nothing to hide.’

Posted at 10:30 PM by Howard Bashman



“Dropped Duke Charges Renew Hope in Georgia”: The New York Times on Monday will contain an article that begins, “When North Carolina’s attorney general said last week that an overreaching prosecutor lacked the evidence to support charges of rape against three former Duke University lacrosse players, some in this neighboring state hoped that tremors from his pronouncement would help free a former star high school football player. But as Georgia’s legislative session neared a close, the odds were against them. The former football player, Genarlow Wilson, is serving 10 years without parole for having consensual oral sex with a 15-year-old girl at a New Year’s Eve party, an offense that constituted aggravated child molesting even though he was 17 at the time.”

Posted at 10:25 PM by Howard Bashman



“US antiterror tactics crimp new terror case: Some of the strongest evidence against Jose Padilla, whose trial begins Monday, was coerced and can’t be used in court.” Warren Richey will have this article Monday in The Christian Science Monitor.

Posted at 7:18 PM by Howard Bashman



“Tombstone case may bury free speech”: Today in The Chicago Tribune, columnist John Kass has an op-ed in which he writes, “The case is now pending before the U.S. Court of Appeals in Chicago and could end up before the U.S. Supreme Court, which may mark the first time that the high court’s justices decide what may be printed on fake tombstones in your front yard.”

You can access via this link the briefs and appendix filed in the case on appeal to the U.S. Court of Appeals for the Seventh Circuit. The Seventh Circuit heard oral argument in the case on April 4, 2007, and you can download the oral argument audio via this link (6 MB mp3 file).

Posted at 3:25 PM by Howard Bashman



“Gonzales: Keeping his distance, or deficient? Some say the attorney general delegates and doesn’t worry about the details; Others question his priorities.” The Los Angeles Times contains this article today, along with an article headlined “3 fired U.S. attorneys were tried by border policing; Documents show the Justice Department and prosecutors were often at odds over how to control illegal immigration.”

The Milwaukee Journal Sentinel reports today that “Politics had no role, Biskupic says; U.S. attorney was unaware his job was in jeopardy during prosecution of state official, he says.”

In The Washington Post, Attorney General Alberto R. Gonzales has an op-ed entitled “Nothing Improper.” In addition, Scott Turow has an op-ed entitled “It’s Up to Gonzales Now.”

And The New York Times contains an editorial entitled “The Fantasy Behind the Scandal.”

Posted at 3:04 PM by Howard Bashman



“In Mexico, Powerful Forces Drive a Furious Debate Over Abortion; Catholic Church Fights Legislation”: The Washington Post contains this article today.

Posted at 2:24 PM by Howard Bashman



“The politics of life and death: An inmate’s fate often hinges on luck of the draw.” This article appears today in The Cincinnati Enquirer. According to the newspaper’s summary of the article’s findings, “An Enquirer analysis of the U.S. 6th Circuit Court of Appeals in Cincinnati shows that judges appointed by Republicans vote against inmates 85 percent of the time, while those appointed by Democrats vote for them 75 percent of the time.” (Via “Sentencing Law and Policy“).

Posted at 12:00 PM by Howard Bashman



“The Supremes: Just what are top justices really afraid of?” Columnist Lisa Scottoline had this op-ed yesterday in The Philadelphia Inquirer.

Posted at 11:42 AM by Howard Bashman



“A case starts to unravel: District Attorney Mike Nifong brusquely rejects defense lawyers’ overtures and an offer to share information; The emerging evidence does not support his certainty.” This article — part two in a five-part series, appears today in The News & Observer of Raleigh, North Carolina. I previously linked here to part one of the series, published yesterday.

And The Herald-Sun of Durham, North Carolina today contains articles headlined “Brodhead defends Duke handling of case” and “City officials counter botched investigation claims.”

Posted at 11:24 AM by Howard Bashman



Saturday, April 14, 2007

“Justices weigh limits on racial slurs in the workplace; The Supreme Court may hear the case of a black computer technician fired after he complained about a co-worker’s comment”: David G. Savage has this article today in The Los Angeles Times.

Posted at 11:58 PM by Howard Bashman



“E-Mail Identified G.O.P. Candidates for Justice Jobs”: The New York Times contains this article today, along with an article headlined “Lawyer Says Rove Assumed E-Mail Was Kept.”

The Washington Post today contains articles headlined “Gonzales Aide Floated Replacements Early On” and “Explaining Missing E-Mails, Attorney Says Rove Thought RNC Saved Them.” The newspaper also contains an editorial entitled “White House E-Mail Mystery: The administration needs to do better if this puzzle is not to become a scandal.”

The Los Angeles Times contains articles headlined “Attorneys assessed long before firings; Bush officials looked at insiders to take the prosecutor jobs, new documents show“; “Search for e-mails in U.S. attorney firings may be fruitless; Karl Rove’s messages sought by congressional Democrats may be lost to changes in storage practices“; and “Rove, others were warned to save e-mails.”

The Boston Globe reports that “Testimony of ex-aide to Gonzales questioned; E-mails show list of replacements for prosecutors.”

In The San Francisco Chronicle, Bob Egelko reports that “Justice Dept. criticized S.F. prosecutor, papers show; Memo suggests Ryan was fired for running a ‘fractured’ office.”

And McClatchy Newspapers report that “Wisconsin prosecutor surfaced on ‘firing’ list” and “U.S. attorney asserts politics had no place in his decisions.” You can also access online this statement issued today by Steven M. Biskupic, United States Attorney for the Eastern District of Wisconsin.

Posted at 11:15 PM by Howard Bashman



“Lawyer Attacked for Book His Panel Deems Offensive”: The New York Times today contains an article that begins, “Raoul Felder, a celebrity divorce lawyer who is chairman of a state commission that oversees judges, has been given a unanimous vote of no confidence by the other nine members of the commission for helping to write a book they said is racially and ethnically inflammatory.”

The New York Post today contains an article headlined “Roasting Raoul: Law panel moves to ax Felder for ‘racial’ book.”

And The Associated Press reports that “Judge conduct panel shuns its ‘Schmucks!’ chairman.”

You can learn more about the book in question at this link.

Posted at 11:00 PM by Howard Bashman



“Courts and Greens”: The New York Times today contains an editorial that begins, “A little over four years ago, when the forces of deregulation were riding high, this page observed that the federal courts could turn out to be the last, best hope for slowing the Bush administration’s assault on the body of bipartisan environmental law established over the last four decades and, by extension, on the environment itself. As things have turned out, this is pretty much what has happened.”

Posted at 9:35 PM by Howard Bashman