How Appealing

Friday, September 5, 2008

“Court allows Wecht retrial but with new judge”: The Pittsburgh Post-Gazette provides a news update that begins, “The Third Circuit Court of Appeals has refused to dismiss charges against Dr. Cyril H. Wecht but it also ordered that a new judge must be assigned if prosecutors proceed with a retrial. Dr. Wecht had sought to have his case dismissed on double jeopardy grounds, and the appeals court said that although U.S. District Judge Arthur J. Schwab did not follow proper procedure in declaring a mistrial April 8, that was not enough to require that the 41 felony counts be dismissed.”

Jason Cato of The Pittsburgh Tribune-Review has a news update headlined “Judge removed from Wecht case.”

And The Associated Press reports that “Court refuses to dismiss pathologist’s charges.”

You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 1:02 PM by Howard Bashman

“Part of state’s financial privacy law upheld”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court reinstated part of California’s financial privacy law Thursday, allowing consumers to prevent banks from sharing information with affiliated companies about a customer’s savings account or buying habits. Central provisions of the 2004 law, the broadest of its kind in the nation, have been tied up in court for more than three years.”

You can access at this link yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Posted at 7:55 AM by Howard Bashman

“Court Finds Violation In Bankruptcy Law; Provision That Bans Advice to Add Debt Gets Struck Down”: Today in The Wall Street Journal, Brent Kendall of Dow Jones Newswires has an article that begins, “A federal appeals court in St. Louis ruled Thursday that a provision of a sweeping 2005 federal bankruptcy-overhaul law violates the free-speech rights of lawyers.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 7:45 AM by Howard Bashman