How Appealing



Wednesday, February 20, 2008

“Supreme Court limits lawsuits in Medtronic case; The high court decision will curb the ability of aggrieved consumers to sue companies that make faulty medical devices”: The Minneapolis Star Tribune provides this news update.

And the “Drug and Device Law” blog has a post titled “More on Riegel.”

Posted at 3:55 PM by Howard Bashman



“U.S. Supreme Court rules against ‘Judge Alex’ star; Jurists say Alex Ferrer must resolve a fee dispute with a former manager in arbitration; High court also issues rulings on 401K accounts, medical devices, and alcohol and tobacco shipments”: David G. Savage of The Los Angeles Times provides this news update.

Posted at 3:50 PM by Howard Bashman



Today’s five U.S. Supreme Court decisions in argued cases: The Court today issued rulings in the following five cases:

1. Rowe v. New Hampshire Motor Transp. Assn., No. 06-457: opinion here and oral argument transcript here;

2. Preston v. Ferrer, No. 06-1463: opinion here and oral argument transcript here;

3. Riegel v. Medtronic, Inc., No. 06-179: opinion here and oral argument transcript here;

4. Danforth v. Minnesota, No. 06-8273: opinion here and oral argument transcript here; and

5. LaRue v. DeWolff, Boberg & Associates, Inc., No. 06-856: opinion here and oral argument transcript here.

At “SCOTUSblog,” Lyle Denniston has posts titled “State laws preempted in three areas” and “States allowed to expand criminal rights.”

Mark Sherman and Pete Yost of The Associated Press report that “Court Gives Business 2 Wins, 1 Loss.” Yost also has articles headlined “Court Limits Suits Over Medical Devices“; “Court Invalidates Maine Tobacco Law“; and “Court Rules Against Judge Alex.” And in other coverage of today’s rulings, The AP reports that “Court Extends Cross-Examination Rule” and “Court Says 401(k) Participants Can Sue.”

Greg Stohr of Bloomberg News reports that “Patient Medical-Device Suits Curbed by Top U.S. Court” and “Retirement-Fund Suits Allowed by U.S. Supreme Court.”

And Reuters reports that “Top court rules for Medtronic in devices case” and “Daytime television judge loses high court case.”

Posted at 3:35 PM by Howard Bashman



Programming note: A bit later this morning, I’ll be visiting an appellate client who is incarcerated in central Pennsylvania. Additional posts will appear here this afternoon.

If the U.S. Supreme Court issues any opinions in argued cases at 10 a.m. eastern time today, “SCOTUSblog” can be counted on to provide timely coverage.

Posted at 7:58 AM by Howard Bashman



“Supreme Court dismisses challenge to Bush’s wiretapping policy; Though not a ruling on the legality of the president’s action, it effectively precludes any successful legal attack on the policy before Bush is out of office”: David G. Savage has this article today in The Los Angeles Times.

The Detroit Free Press reports today that “Privacy case is rejected by court; U.S. wiretapping battle now over.”

And The Detroit News reports that “Spy-law suit dealt blow; Supreme Court denies latest bid, which originated in Detroit, for hearing into federal wiretapping program.”

Posted at 7:55 AM by Howard Bashman



“Public could fund high court candidates; Proposal aims to prevent possible conflicts of interest”: The Detroit Free Press contains this article today.

Posted at 7:48 AM by Howard Bashman



“Tape Inquiry: Ex-Spymaster in the Middle.” This profile of Jose A. Rodriguez Jr., the central figure in a controversy over destroyed C.I.A. interrogation tapes, appears today in The New York Times.

Posted at 7:45 AM by Howard Bashman



“Reporter Held in Contempt in Anthrax Case”: Today’s edition of The New York Times contains an article that begins, “A federal judge found a former reporter for USA Today in contempt of court on Tuesday for refusing to name her confidential sources who had discussed a former Army scientist’s possible role in the 2001 anthrax attacks.”

USA Today reports today that “Judge holds reporter in contempt in ’01 anthrax case.”

And The Charleston (W. Va.) Gazette reports that “Journalism professors support colleague.”

Posted at 7:40 AM by Howard Bashman



“‘Superstar’ to Join HLS Team in Fall”: The Harvard Crimson today contains an article that begins, “After more than 30 years away from his alma mater, Cass R. Sunstein ’75–the most cited law professor in the U.S.–will be returning to Harvard to join the Law School faculty this fall.”

And The Boston Globe reports today that “Leading scholar joins Harvard Law faculty.”

Posted at 7:35 AM by Howard Bashman



“Searching Laptops at the Border and In Airports: A Disturbing Practice That Imperils Fourth and First Amendment Rights.” Anita Ramasastry has this essay online at FindLaw.

Posted at 7:30 AM by Howard Bashman



Tuesday, February 19, 2008

Available online from law.com: Tony Mauro reports that “Supreme Court Declines Review of NSA Wiretapping Program.”

In other news, “N.Y. High Court Approves Consequential Damages Claims Against Insurers.” Today’s rulings of the New York State Court of Appeals can be accessed here and here.

And an article reports that “Amicus Briefs Pile Up in Bid to Sway N.Y. High Court on Judge’s Removal Over Cell Phone Incident; Briefs cite Restaino’s judicial record and community standing, as well as the isolated nature of the 2005 courtroom incident.”

Posted at 10:45 PM by Howard Bashman



Seven million site visits: According to this blog’s Site Meter hit counter, earlier today the number of visitors to “How Appealing” passed the seven million mark. And that same hit counter also shows that soon this blog will pass the thirteen million page view threshold.

Posted at 10:30 PM by Howard Bashman



“Supreme Court refuses to hear wiretapping case”: The Detroit Free Press provides this news update.

James Vicini of Reuters reports that “Top court won’t review Bush domestic spying case.”

Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Rejects Challenge to Bush Spying Program.”

Financial Times provides a news update headlined “Supreme Court rejects eavesdropping case.”

BBC News reports that “Top US court rejects spying case; The US Supreme Court has dismissed a legal challenge to a domestic anti-terrorism eavesdropping programme.”

And Bill Mears of CNN.com reports that “High court stays out of NSA surveillance row.”

Posted at 10:22 PM by Howard Bashman



“[W]e conclude that, where the victim is less than 13 years of age, evidence of the victim’s consent to sexual contact, like in criminal proceedings, is not an available defense in determining a defendant’s civil liability.” So rules the Supreme Court of Pennsylvania today by a 4-2 vote. Today’s ruling consists of a majority opinion and an opinion concurring in part and dissenting in part.

Update: The Associated Press reports that “Justices reject consent defense.”

Posted at 5:55 PM by Howard Bashman



“Supreme Court rejects wiretap suit; The domestic spying case ends quietly as the justices issue a one-line order dismissing the ACLU challenge of the Bush program”: David G. Savage of The Los Angeles Times provides this news update.

Posted at 2:40 PM by Howard Bashman



“Supreme Court Declines to Hear School District Appeal Over Student’s ‘Immigration’ Essay”: Mark Walsh has this post at “The School Law Blog” of Education Week.

Posted at 12:15 PM by Howard Bashman



“Judge May Hold Reporter in Contempt”: Hope Yen of The Associated Press provides a report that begins, “A federal judge says he will hold a former USA Today reporter in contempt if she continues refusing to identify sources for stories about a former Army scientist under scrutiny in the 2001 anthrax attacks. At a hearing Tuesday, U.S. District Judge Reggie B. Walton said that reporter Toni Locy must cooperate with Steven J. Hatfill in his lawsuit against the government.”

Posted at 11:10 AM by Howard Bashman