“Judge Says Cleaners’ Bid Not Frivolous”: The Washington Post today contains an article that begins, “The judge who sent Roy Pearson packing gave him a final sendoff yesterday. In a written order, D.C. Superior Court Judge Judith Bartnoff offered her take on the efforts by the Northeast Washington dry cleaners to collect attorneys’ fees stemming from Pearson’s failed lawsuit over a pair of pants. They were hardly frivolous, as Pearson had claimed, she said.”

“Kerr and Lederman Battle it Out Over FISA and the Supreme Court At BloggingHeads TV”: Orin Kerr has this post at “The Volokh Conspiracy” noting a new episode of Bloggingheads.tv featuring him and Marty Lederman.

“Murphy Seeks En Banc Review of D.C. Circuit Panel’s Decision”: “TaxProf Blog” provides a post that begins, “The attorneys for Marrita Murphy today filed a Petition for Rehearing En Banc in the D.C. Circuit, requesting that the full court review the three-judge panel’s July 3, 2007 decision in Murphy v. IRS, No. 03cv02414, which upheld the taxation of Mrs. Murphy’s compensatory personal injury award (and rejected the panel’s original decision in Murphy v. IRS, 460 F.3d 79 (D.C. Cir. 8/22/06)).” You can view the rehearing petition at this link.

Divided three-judge Third Circuit panel holds that federal law preempts state consumer fraud claims relating to the advertising of the drug Nexium: You can access today’s ruling at this link.

As the majority opinion explains, “On February 11, 2005, the plaintiffs filed a putative class action against Zeneca, alleging that Zeneca’s marketing campaign for Nexium was deceptive because it misleadingly advertised Nexium as an improvement on Prilosec.”

“Pa. Supreme Court suspends judge accused of insurance scam”: The Associated Press provides a report that begins, “The state Supreme Court suspended Superior Court Judge Michael T. Joyce, who was indicted earlier this week on federal charges of cheating two insurance companies out of $440,000.”

Today’s order of the Supreme Court of Pennsylvania can be viewed at this link.

In related coverage, The Erie Times-News reports today that “Bar panel to reconsider election nod” and “Joyce faces arraignment.”

“FTC Appeals Whole Foods Ruling”: The Associated Press provides this report.

Pleading a sincerely held religious belief in the aftermath of Bell Atlantic Corp. v. Twombly: A divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting decision today. Circuit Judge Ed Carnes wrote the majority opinion, from which Circuit Judge Gerald Bard Tjoflat dissented.

“In this case, we consider whether a class arbitration waiver in New Cingular Wireless Service Inc.’s standard contract for cellular phone services is unconscionable under California law, and whether the Federal Arbitration Act preempts a holding that the waiver is unenforceable.” So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. The opinion’s next two sentences state, “We hold that the waiver is unconscionable, and, thus, unenforceable, and that the invalidation of the contract provision is not preempted by the Federal Arbitration Act. Accordingly, we reverse the district court’s order compelling arbitration.”

Circuit Judge Stephen Reinhardt issued the opinion on behalf of a unanimous three-judge panel.

“Congress Mulls Salary Raise for Judiciary; Some Oppose Tinkering With Federal Bench’s Pay”: Lawrence Hurley has this article today in The Daily Journal of California.

“Padilla Conviction Feeds Debate”: Today in The Wall Street Journal, Jess Bravin has an article that begins, “Jose Padilla’s conviction in Miami on charges of helping Islamic extremists and plotting overseas attacks marked a victory for the Justice Department’s aggressive campaign to bust suspected terrorist cells. It also is likely to feed an already fevered debate about the use of wiretapping by the federal government.”

The newspaper also contains an editorial entitled “The Padilla Verdict.”

“Religious Rights on Trial as Circumcision Case Reaches Oregon’s High Court; AJCongress Counsel: ‘We Have To Win This Case, and Win it Big.'” Wednesday’s issue of The Forward contained an article that begins, “The highest-level case in American history involving the right to circumcision is slated to be heard this fall, when the Oregon Supreme Court rules on whether a father can have his 12-year-old son undergo the procedure.”

“The Nerve! Suing the Red Cross Over the Red Cross.” Bloomberg News columnist Ann Woolner has this essay today.

“State judge accused of insurance fraud to run for retention”: This article appears today in The Pittsburgh Post-Gazette.

And today in The Pittsburgh Tribune-Review, Jason Cato reports that “Charged Pa. judge to seek 2nd term,” while columnist Eric Heyl has an op-ed entitled “My verdict? This judge likely surfed into trouble.”

“City Takes Philippines to Court Over Property Taxes”: Today in The New York Sun, Joseph Goldstein has an article that begins, “After pursuing the governments of India and Mongolia up to the U.S. Supreme Court over a property tax dispute, lawyers for New York City will head to a lower court on Friday to press a similar case against the Philippines.”

“Lawyers in Wonderland: How good lawyers sprout whiskers and top hats after drinking too much national-security punch.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Available online from law.com: The transcript of a recent event moderated by Tony Mauro appears under the headline “Reading the Roberts Court: Four advocates discuss the Court’s first full term under Roberts and the emergence of Kennedy.”

In other news, “Federal Indictment Looms Over Pa. Superior Court Judge’s Retention Race.” My most recent earlier coverage appears at this link.

Pamela A. MacLean reports that “7th Circuit Breaks With Six Circuits Over Waiver of Appeal.” My earlier coverage of last month’s Seventh Circuit ruling appears at this link.

And an article reports that “Fla. Legal Elite Hope to Get Judges a Little Respect; Group wants to bring judges back in public’s good graces after embarrassing blunders and judicial abuse and misconduct.”

“Staff: Judge slept on job; Hearing transcripts reveal allegations against Halverson.” This article appears today in The Las Vegas Review-Journal.

The hearing transcripts can be accessed online via this link.

The U.S. Supreme Court has issued a “Memorandum to Counsel” about the forthcoming revisions to that Court’s rules: You can access the five-page memorandum at this link. Among other things. the memorandum suggests that the Court will begin making electronically-filed briefs available for access over the Court’s own web site.

“Documents Detail Ashcroft-Gonzales Confrontation; Mueller’s Notes Chronicle Legal Dispute Over Wiretapping Program”: The Washington Post provides this news update.

And The New York Times provides a news update headlined “Notes Detail Visit to Ashcroft’s Hospital Room.”

You can view the notes in question by clicking here.

“Padilla found guilty in terror trial”: Jay Weaver of The Miami Herald provides this news update.

The New York Times provides a news update headlined “Jose Padilla Convicted on All Counts in Terror Trial.”

Jose Padilla and co-defendants have been convicted on all counts: So reports CNN. Sentencing is scheduled to occur on December 5, 2007.

In early online coverage, The Associated Press reports that “Padilla Is Convicted in Terrorism Case.”

And CNN.com reports that “Jury finds Padilla guilty on terror charges.”

Update: Attorney David Oscar Markus was in the courtroom when the verdicts were read, and you can access his live-blogging of the court proceeding at the “Southern District of Florida Blog.”

Ninth Circuit examines the confrontation clause implications of deporting a key witness for the prosecution who then refuses to return for the defendant’s retrial: You can access today’s ruling at this link. Shortly after oral argument on appeal, the Ninth Circuit panel issued this order seeking supplemental briefing, including amicus briefs, on the questions presented in the case.

“[N]one of the costs listed as taxable under Rule 39(e) are recoverable in an affirmed-in-part/reversed-in-part case unless the appellate court so indicates.” This ruling that the U.S. Court of Appeals for the Eighth Circuit issued today discusses the proper application of Federal Rule of Appellate Procedure 39(e).

“Pa. Judge Accused of Bilking Insurers”: The Associated Press provides a report that begins, “An appeals court judge was indicted on charges of scamming $440,000 from insurers by claiming he suffered debilitating injuries in a car crash, even while he golfed, skated and went scuba diving, federal prosecutors said.” The AP also reports that “Indicted judge to continue campaign for retention.”

The Erie (Pa.) Times-News reports today that “Feds indict judge; House, plane, motorcycle were ill-gotten gains, charges say.”

WSEE-TV provides this video report (Windows Media Player required). And GoErie.com provides this audio (Windows Media Player required) of yesterday’s statement by the U.S. Attorney for the Western District of Pennsylvania.

“Verdict Reached in Padilla Terror Case”: The Associated Press provides a report that begins, “A verdict was reached Thursday in the trial of Jose Padilla and two co-defendants charged with supporting al-Qaida and other violent Islamic extremist groups overseas. The jury verdict was scheduled to be read at 2 p.m. EDT before U.S. District Judge Marcia Cooke in Miami’s downtown federal courthouse, according to an announcement from her chambers.”

Access online the audio of yesterday’s Ninth Circuit oral arguments in the NSA surveillance cases argued under the caption Hepting v. AT&T Corp. You can download the audio file via this link (13.9MB Windows Media audio file).

“Secrecy Lawsuits Tricky to Prosecute”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR’s “Morning Edition.”

“Don’t rush to execution: California must reject the U.S. attorney general’s effort to bend death penalty rules.” Law Professor Erwin Chemerinsky has this op-ed today in The Los Angeles Times.

“Judges asked to dismiss wiretap suits; AT & T customers seek damages from the firm and an Islamic charity says the spying program is illegal”: Henry Weinstein has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that “Classified evidence debated; Court likely to allow suit against AT&T, reject wiretap case.”

The Washington Post reports that “Judges Skeptical of State-Secrets Claim.”

And in The San Jose Mercury News, Howard Mintz reports that “Judges signal White House will have to defend spying.”

“Celeb does the time, leaking photo may be a crime”: The Los Angeles Times today contains an article that begins, “Amid concern over the frenzy of entertainment blogs and tabloids competing for inside information on Paris Hilton’s days in jail and Mel Gibson’s tirade during a drunk-driving arrest, state lawmakers have taken steps to clamp down on some forms of checkbook journalism. A bill wending its way through the Legislature would make it a crime for law enforcement or court employees to profit by releasing confidential information gathered in criminal investigations or unauthorized photographs of people in custody.”

The Washington Times is reporting: Today’s newspaper contains articles headlined “Group fights lesbian ‘divorce’” and “In imams’ suit, status of ‘John Does’ in dispute.”

The Hartford Courant is reporting: Today’s newspaper reports that “State Appeals Ruling That Allows Inmates Free Copies; FOI Commission Voided Policy On Documents.”

And yesterday’s newspaper contained an article headlined “Remarks From The Past Revisited; Nominee Lauded Strom Thurmond” that begins, “State Appellate Court nominee John R. Downey’s praise of longtime segregationist Sen. Strom Thurmond as a ‘great American’ four years ago has now surfaced as an issue in his legislative confirmation.”

“Court Ruling Backs City On Suing Gun Stores”: The New York Sun today contains an article that begins, “In a decision that could prompt large cities around the country to pursue legal action against out-of-state gun dealers, a federal judge in Brooklyn yesterday wrote that he has jurisdiction to rule on a lawsuit brought by New York City against out-of-state stores that sold guns used by criminals in the city.”

And The Atlanta Journal-Constitution today contains an article headlined “Judge: NYC can sue Georgia gun sellers.”

You can access yesterday’s ruling of the U.S. District Court for the Eastern District of New York at this link.

“Bush Sides With Business Over Lawsuits”: The Wall Street Journal today contains an article that begins, “The Bush administration formally weighed in on the side of business in a closely watched Supreme Court case, finalizing the battle lines in a case that has big implications for Wall Street. The administration’s position is largely at odds with the Securities and Exchange Commission, which earlier this year took the side of the shareholder plaintiffs. The case centers on whether shareholders can sue to hold third parties accountable for their company’s fraud. The case has been the subject of intense lobbying from lawmakers, former SEC officials, Wall Street and the plaintiffs bar. At stake is the scope of securities class-action litigation, which could be significantly widened if the suing shareholders prevail.”

And The Washington Post reports today that “In High Court Filing, It’s U.S. vs. Investors.”

“Gonzales is tough on crime? Hardly. His strong-arm tactics actually have worked to defendants’ advantage.” Law Professor Jonathan Turley has this op-ed today in USA Today.