“Prolific Spammer’s Conviction Upheld”: The Associated Press provides this report on a 4-3 ruling that the Supreme Court of Virginia issued today.
And Venkat Balasubramani offers these thoughts about the ruling at his “Spam Notes” blog.
“Judge orders feds to try again on Bonds indictment”: The San Francisco Chronicle provides a news update that begins, “A federal judge on Friday told the government to re-craft its perjury case against Barry Bonds, saying prosecutors had improperly lumped multiple alleged offenses into each of four counts of its indictment of the former Giants star.”
And The Associated Press reports that “Judge Unseals Barry Bonds’ Testimony.”
You can count on First Circuit Judge Juan R. Torruella‘s foreshadowing of the denial of rehearing en banc in Cerqueira v. American Airlines, Inc.: One week ago yesterday, the U.S. Court of Appeals for the First Circuit issued an en banc ruling in a federal sentencing case. As I noted in this post that evening, Judge Torruella’s dissent from the en banc ruling in the sentencing case cited to his separate dissent from the denial of rehearing en banc in the Cerqueira case.
That was unusual, however, because the First Circuit had not yet denied rehearing en banc in the Cerqueira case. Today, however, the First Circuit did formally issue its denial of rehearing en banc in Cerqueira and, no surprise, it includes a dissent from the denial of rehearing en banc that Judge Torruella wrote. The vote on whether to grant rehearing en banc was 3-2 against. My original coverage of the three-judge panel’s ruling in Cerqueira appeared at this link.
“Podcast: Richard Posner and David Lat on ‘Judges as Public Figures.'” “The University of Chicago Law School Faculty Blog” has posted online this podcast (61.5MB mp3 file) (via “Above the Law“).
“Safe from searches: Two Supreme Court cases will help define the boundaries between privacy and policing.” The Los Angeles Times contains this editorial today.
“Appeals court denies injunction against controversial Arizona law; Statute that can shut down businesses for knowingly hiring illegal immigrants will be enforced beginning Saturday”: This article appears today in The Los Angeles Times.
And The Arizona Republic reports today that “Appeals to stop state sanctions law denied.”
“Quaker teacher fired for changing loyalty oath”: The San Francisco Chronicle today contains an article that begins, “California State University East Bay has fired a math teacher after six weeks on the job because she inserted the word ‘nonviolently’ in her state-required Oath of Allegiance form.”
Pennsylvania’s highest court agrees to consider whether to modernize its approach toward product liability claims: The Supreme Court of Pennsylvania on Wednesday issued an order granting review of a case that presents the question “Whether this Court should apply Section 2 of the Restatement (Third) of Torts in place of Section 402A of the Restatement (Second) of Torts.”
“Bill Would Remove Doubt on Presidential Eligibility”: The New York Times today contains an article that begins, “Senator John McCain said Thursday that he had no concerns about his meeting the constitutional qualifications for the presidency because of his birth in the Panama Canal Zone. A Democratic colleague said she wanted to remove even a trace of doubt.”
“Greenhouse To Leave Times; Pulitzer-Prize winning Supreme Court reporter will retire”: This article appears today in The Harvard Crimson.
“Skilling prepares for another round; Arguments scheduled for April in relation to ‘honest services’ issue”: Tuesday’s edition of The Houston Chronicle contained an article that begins, “Lawyers for former Enron CEO Jeff Skilling and the government will soon face off once again as his side argues to erase his convictions while prosecutors seek to maintain them. The 5th U.S. Circuit Court of Appeals has scheduled arguments in Skilling’s appeal for April 2 in New Orleans. The arguments will come nearly two years after a Houston federal jury convicted Skilling of multiple crimes and more than 15 months after he began serving a 24-year prison term at a lockup in Minnesota.”
“Exxon’s Day of Valdez Reckoning May Never Arrive”: Bloomberg News columnist Ann Woolner has this essay today.
State of Texas seeks rehearing en banc of Fifth Circuit ruling that declared unconstitutional a Texas statute making it a crime to promote or sell sexual devices: You can access the rehearing petition, filed last week, at this link (via “The Legal Satyricon“).
My earlier coverage of the Fifth Circuit’s ruling from earlier this month appears at this link.
“EBay patent case settled; It owns ‘Buy It Now’ after 6-year battle”: The San Jose Mercury News provides a news update that begins, “EBay said Thursday that it reached a settlement that gives the online auction company the rights to the ‘Buy It Now’ patent that sparked a precedent-setting Supreme Court case, spurred a call for patent reform and shifted the leverage in patent battles.”
The Wall Street Journal on Friday will report that “EBay Ends Patent Fight With MercExchange.”
USA Today reports that “EBay settles 7-year dispute over patents.”
The Associated Press reports that “EBay Ends Patent Suit With MercExchange.”
Bloomberg News reports that “EBay Agrees to Settle ‘Buy It Now’ Patent Lawsuit.”
And Reuters reports that “EBay, MercExchange settle long legal battle.”
“Is Association Discrimination Disability Discrimination or Expense Discrimination?” At the “Workplace Prof Blog,” Paul Secunda has this interesting post about a thought-provoking ruling (see, in particular, Circuit Judge Richard A. Posner‘s concurring opinion) that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Seventh Circuit offers its take on the controversial religion-based “ministerial exception” to federal employment laws: Circuit Judge Richard A. Posner issued this ruling today on behalf of a unanimous three-judge panel.
“Swiss Bank Defends Wikileaks Shutdown”: The Associated Press provides a report that begins, “The Swiss bank that won a court order shutting down a whistle-blower Web site said Thursday that it just wanted stolen and forged documents removed. ‘It wasn’t our intention to shut down the Web site,’ bank spokesman Martin Somogyi told The Associated Press. ‘Our intention was to remove the documents.'”
The bank has also issued a press release that you can access here.
“Help wanted: Times SCOTUS search begins.” Mark Obbie has this post today at his “LawBeat” blog.
And the “Media Mob” column of The New York Observer has an article headlined “Supreme-Court-Whisperer Linda Greenhouse Takes $300K Times Buyout.”
Federal government wins appeal challenging, as too lenient, criminal sentences arising from Arkansas cross-burning incident: You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Detroit Mayor Loses Fight Over Secret Papers”: The New York Times contains this article today.
Today’s edition of The Detroit News contains articles headlined “Kilpatrick loses court fight; Secret records heat up probes by council, prosecutor“; “Newly released papers show mayor tried to hide messages“: and “Mayor ponders filing civil suit over text message leak; His attorney says only two people were supposed to get documents, not the media.”
And The Detroit Free Press contains articles headlined “Ruling called victory for public, council” and “Documents show keys to mayor’s cover-up.”
My earlier coverage of yesterday’s order of the Supreme Court of Michigan appears at this link
“GOP Uses Surveillance Bill to Bash Democrats”: This article appears today in The Washington Post.
“Former Prosecutor to Testify for Detainee”: Today’s edition of The New York Times contains an article that begins, “Until four months ago, Col. Morris D. Davis was the chief prosecutor at Guantanamo Bay and the most colorful champion of the Bush administration’s military commission system.”
“Court rejects California limits on ship emissions; Appellate judges say the state needs federal approval for the regulation, which was designed to cut pollution generated by ports”: This article appears today in The Los Angeles Times.
And today in The San Francisco Chronicle, Bob Egelko reports that “Court tosses state ship emissions standard.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Supreme Court may be divided over Exxon Valdez damages; Several justices seem likely to slash the record punitive award in the oil-spill case”: David G. Savage has this article today in The Los Angeles Times.
Today in USA Today, Joan Biskupic reports that “High court appears split on Exxon case; Justices debate appeal of $2.5B ruling in 1989 oil spill.”
The Anchorage Daily News contains articles headlined “Exxon makes last pitch; Justices seem willing to cut damages but not dismiss them outright” and “Plaintiffs watch, wait and worry; Talk of a new standard bothers Alaskans in D.C.”
The Fairbanks Daily News-Miner reports that “Exxon asks Supreme Court to toss out damages.”
The Kodiak Daily Mirror reports that “Kodiakans respond to oil spill arguments at Supreme Court.”
And in The Washington Post, Dana Milbank’s “Washington Sketch” column is headlined “At the High Court, Damage Control.”
“Too confident in the FDA”: The Boston Globe today contains an editorial that begins, “Last week, the US Supreme Court ruled that patients injured by defective medical devices have no right to sue for damages if the devices were approved by the Food and Drug Administration.”
“Web surpasses TV, papers as top news source”: This article appears today in The Washington Times.
More details on the survey can be accessed here.
“Supreme Court Alters Tone in Discrimination Case”: Linda Greenhouse has this article today in The New York Times.
Today in The Washington Post, Robert Barnes reports that “Justices Let Age Bias Lawsuit Move Ahead.”
In USA Today, Joan Biskupic reports that “Court allows suit against FedEx; Justices criticize agency over forms in age bias case.”
And Jess Bravin of The Wall Street Journal reports that “High Court Rules Age Case Can Proceed; Court Lets Workers Suit Proceed Despite Failure Of EEOC to Notify Firm.”
“Judge Mulls Limit on Travel Ban to Rogue States”: Joseph Goldstein has this article today in The New York Sun.
“McCain’s Canal Zone Birth Prompts Queries About Whether That Rules Him Out”: The New York Times today contains an article that begins, “The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming.”
“As Retired Justice O’Connor Speaks Out Against the Problems Plaguing State Judicial Elections, the Supreme Court Still Refuses to Allow Reform”: Edward Lazarus has this essay online today at FindLaw.
“Justices Take Up Battle Over Exxon Valdez Damages”: Linda Greenhouse will have this article Thursday in The New York Times.
Thursday in The Washington Post, Robert Barnes will have an article headlined “Justices Assess Financial Damages in Exxon Valdez Case; Supreme Court May Reduce Billions Awarded Over Environmental Debacle in Prince William Sound.”
law.com’s Tony Mauro reports that “Supreme Court Could Limit Damages in Exxon Valdez Case; Packed courtroom hears historic 90 minutes of arguments.”
And this evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a segment entitled “Justices Consider Exxon’s Valdez Damages Challenge” (transcript with link to audio) featuring Marcia Coyle.
“30-year Supreme Court reporter for NYT, Linda Greenhouse, accepts buyout offer”: The Associated Press provides a report that begins, “Linda Greenhouse, who has covered the Supreme Court for The New York Times for 30 years, said Wednesday that she has accepted a buyout package from the newspaper.”
Superior Court of Pennsylvania rejects confrontation clause challenge to Pennsylvania statute authorizing videotaped testimony by child witnesses: You can access yesterday’s ruling at this link.
“Oil and Water: The Exxon Valdez case runs aground at the Supreme Court.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.
And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Exxon Makes Case on Valdez for High Court” (RealPlayer required).
“Documents Give Insight Into Hicks Case”: The Associated Press provides a report that begins, “When young Australian David Hicks got an offer from a Saudi friend to go to Osama bin Laden’s camps in Afghanistan in December 2000, he did not think twice.”