How Appealing



Wednesday, May 30, 2007

“Breyer shares wit, wisdom; During Albany lecture, U.S. Supreme Court associate justice praises key role of Constitution”: The Times Union of Albany, New York contains this article today.

Posted at 8:05 PM by Howard Bashman



“‘De facto’ parent’s visitation on trial; High court to hear plea of ex-partner to see adopted girl”: This article appears today in The Baltimore Sun.

Posted at 8:02 PM by Howard Bashman



“Repeal likely for abortion law; Parental notification gets a terse hearing”: The Concord (N.H.) Monitor today contains an article that begins, “Next week, the debate over the state’s parental-notification law could draw to a close. Several months after the House voted to repeal the contested statute – which the U.S. Supreme Court rejected last year – the Democratic-controlled Senate appears likely to follow suit. Gov. John Lynch has said that he would sign the bill.”

Posted at 8:00 PM by Howard Bashman



“Joint Effort: Sens. Webb, Warner Are Right To Work Together.” Yesterday’s issue of The Daily News Record of Harrisonburg, Virginia contained an editorial that begins, “Whether the Senate can agree to a bipartisan deal on immigration reform is up in the air but, hopefully, Virginia’s two senators can agree to a bipartisan deal about circuit court judges.”

Posted at 4:48 PM by Howard Bashman



“Suit seeks $5,000 in damages from Wal-Mart over vomit incident”: The Quad-City Times of Davenport, Iowa contains this article today.

Posted at 4:28 PM by Howard Bashman



“Democrats Seek to Overturn Pay Ruling”: Jesse J. Holland of The Associated Press provides a report that begins, “Congressional Democrats said Wednesday they would try to reverse a Supreme Court decision that limits the time that workers have to sue their employers for pay discrimination.”

Posted at 4:23 PM by Howard Bashman



“The SEC, the Supreme Court, and Enron”: This post appears today at “The Harvard Law School Corporate Governance Blog.”

Posted at 3:50 PM by Howard Bashman



“Eighth Circuit Adds to Circuit Split on Reassignment”: At his “Disability Law” blog, Law Professor Sam Bagenstos has a post that begins, “Today, in Huber v. Wal-Mart Stores, the Eighth Circuit ruled that the ADA requires that an employee with a disability be reassigned to a vacant position as an accommodation only if the employee is the most qualified applicant for that position. This decision adds to a longstanding circuit split on the question.”

Posted at 2:35 PM by Howard Bashman



Today’s rulings of note from the U.S. Court of Appeals for the Ninth Circuit: The court issued three rulings of note today.

1. The daughter of Orson Welles sued Turner Entertainment and others seeking a declaratory judgment that she owns the copyright and home video rights to the motion picture “Citizen Kane.” The federal district court granted summary judgment in favor of the defendants on all claims. Today, in a decision that you can access here, the Ninth Circuit has reinstated Beatrice Welles’s claim for profit participation.

2. “The majority finds appellate jurisdiction in this case only by mistakenly assuming that if any issue decided by the district court is subject to interlocutory appeal, any other issue decided in the same order can also be reached on interlocutory appeal.” So begins a dissenting opinion that Senior Circuit Judge A. Wallace Tashima issued today. You can access the Ninth Circuit’s 2-1 ruling in the case at this link.

3. Finally, the Administrative Office of the U.S. Courts might wish to adjust its revenue projections to reflect that it won’t be receiving a $25 processing fee to offset the costs of managing petty offense cases in the federal courts if the petty offense in question resulted from a traffic ticket at the Fort Lewis Army Base. You can access today’s ruling at this link.

Posted at 2:23 PM by Howard Bashman



“Justices’ Ruling Limits Suits on Pay Disparity”: Linda Greenhouse has this article today in The New York Times. And Steven Greenhouse reports that “Experts Say Decision on Pay Reorders Legal Landscape.”

Today in The Washington Post, Robert Barnes has a front page article headlined “Over Ginsburg’s Dissent, Court Limits Bias Suits.” Barnes will host an online chat about the ruling online at washingtonpost.com at 1 p.m. eastern time today.

In The Los Angeles Times, David G. Savage reports that “Only fresh bias counts, court rules; A divided Supreme Court says years-old evidence of job discrimination cannot be the basis of a lawsuit.”

In USA Today, Joan Biskupic has articles headlined “Time limit put on pay-bias lawsuits; Divided court rules claims must be filed within 180 days” and “Alito, Ginsburg opinions highlight court’s division; Business groups hail ruling that civil rights activists say is setback.”

The Chicago Tribune reports that “Justices restrict pay bias lawsuits; Split Supreme Court rules for employers.”

The Richmond Times-Dispatch reports that “Employee loses pay bias case; Supreme Court rules 5-4 that the worker waited too long to complain.”

law.com’s Tony Mauro reports that “Supreme Court Limits Time Frame for Filing EEOC Claims.”

And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment entitled “Supreme Court Sets Limits on Sex Discrimination Suits.”

Posted at 9:33 AM by Howard Bashman



Tuesday, May 29, 2007

“Maraman tapped for high court”: Wednesday’s edition of The Pacific Daily News of Guam contains an article that begins, “Superior Court of Guam Judge Katherine Maraman yesterday was nominated to the Supreme Court of Guam, to fill the seat vacated by former Associate Justice Frances Tydingco-Gatewood.”

Posted at 11:45 PM by Howard Bashman



“Back to the States: The road ahead on partial-birth abortion.” Edward Whelan has this essay today at National Review Online.

Posted at 11:05 PM by Howard Bashman



“Let federal judges use judgment in sentencing; Sioux City case highlights iron-fisted rules”: This editorial appears today in The Des Moines Register.

Posted at 10:30 PM by Howard Bashman



U.S. Court of Appeals for the D.C. Circuit rejects argument that the Deficit Reduction Act of 2005 is invalid because the bill that was presented to the President did not first pass both chambers of Congress in the exact same form: You can access today’s ruling at this link.

Public Citizen’s lawsuit had claimed that “the statute’s enactment did not comport with the bicameral passage requirement of Article I, Section 7 of the Constitution, because the version of the legislation that was presented to the House contained a clerk’s error with respect to one term, so the House and Senate voted on slightly different versions of the bill and the President signed the version passed by the Senate.”

Posted at 10:20 PM by Howard Bashman



“Justices Limit Discrimination Suits Over Pay”: Linda Greenhouse of The New York Times provides this news update.

Robert Barnes of The Washington Post provides a news update headlined “Supreme Court Limits Pay Discrimination Suits; Justices Back 180-Day Deadline for Claims.”

David G. Savage of The Los Angeles Times provides a news update headlined “High court narrows rules for claims of unfair pay.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court restricts time limits on filing discrimination complaints.”

Patti Waldmeir of Financial Times reports that “US court backs limit on equal-pay suits.”

law.com’s Tony Mauro reports that “Supreme Court Limits Time Frame for Filing EEOC Claims.”

Mark Sherman of The Associated Press reports that “Court Limits Lawsuits for Pay Bias.”

James Vicini of Reuters provides a report headlined “Pay bias cases face 6-month limits: Supreme Court.”

Greg Stohr of Bloomberg News reports that “Worker Job-Bias Claims Limited by U.S. Supreme Court.”

MarketWatch reports that “Supreme Court rules 5-4 for Goodyear in pay lawsuit.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “High Court Limits Discrimination Cases” (RealPlayer required).

And today’s broadcast of NPR’s “Day to Day” contained an audio segment entitled “High Court Rules on Discrimination Case” (RealPlayer required) featuring Dahlia Lithwick.

In today’s U.S. Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074, Justice Samuel A. Alito, Jr. issued the majority opinion, in which the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined.

Posted at 9:03 PM by Howard Bashman



Programming note: One week from today, the Superior Court of Pennsylvania will hear oral argument in the In re Mary and Emanuel Rosenfeld Foundation Trust appeal, a quite interesting case involving the imposition of a surcharge against trustees of a charitable trust for failure to diversify the trust’s holdings from the assets used to create the trust. As co-counsel for appellants in that case, today I’m engaging in oral argument preparations away from my office.

You can access online both the Brief for Appellants and the decision that is the subject of the appeal.

Additional posts will appear online here later today. For timely coverage of today’s U.S. Supreme Court opinions and orders, I recommend visiting “SCOTUSblog.”

Posted at 8:22 AM by Howard Bashman



“Can What You’re Reading Prove Intent to Commit a Crime?” Today’s installment of my “On Appeal” essay for law.com can be accessed here.

Posted at 7:25 AM by Howard Bashman



“Where’s the beef?” Today in The Washington Times, David B. Rivkin Jr. and Lee A. Casey have an op-ed that begins, “It is obvious by now that the U.S. Attorney ‘scandal’ is no scandal at all.”

Posted at 6:44 AM by Howard Bashman



“Say no to home wreckers: Since a Supreme Court case ruled against homeowners in 2005, protections against eminent domain abuse are making their way to the ballot.” This editorial appears today in The Los Angeles Times.

Posted at 6:30 AM by Howard Bashman



“SEC’s Allegiances Are Put to Test: In Enron Case, Agency Is Under Pressure to Side With Investors and Allies.” The Wall Street Journal today contains an article (free access) that begins, “When the Securities and Exchange Commission files a brief in legal disputes, it is usually a nonevent. But the cases usually don’t involve Enron Corp.”

Posted at 6:14 AM by Howard Bashman



Monday, May 28, 2007

“The others on trial in Padilla case: The terror case against two of Jose Padilla’s codefendants hinges on secretly recorded calls.” Warren Richey will have this article Tuesday in The Christian Science Monitor.

Posted at 8:17 PM by Howard Bashman



“Exonerated by DNA, guilty in official’s eyes; High court hopeful’s view troubles critics”: This article appears today in The Chicago Tribune.

Posted at 4:50 PM by Howard Bashman



“Supreme Court Reaches Landmark ‘It Depends’ Ruling”: The Onion today provides an article that begins, “In a landmark 8-1 decision, an uncharacteristically subdued Supreme Court ruled ‘it depends’ in the case of Panetti v. Quarterman, leaving the issue of executing the mentally ill completely open-ended.”

Actual U.S. Supreme Court decisions in argued cases are due to issue once again tomorrow.

Posted at 4:05 PM by Howard Bashman