How Appealing

Thursday, March 12, 2009

Don’t confuse a bottled salad dressing’s “best when purchased by” date for an “exipration” date or “sell by” date, Seventh Circuit Judge Richard A. Posner chides federal prosecutors: Older federal appellate judges aren’t necessarily bad, and neither is older salad dressing, especially when it’s “shelf stable” and thus has no expiration date.

In any event, if you’ve ever disagreed with your spouse over whether a food’s “best when purchased by” date is the equivalent of an “exipration” date or “sell by” date, Judge Posner seeks to provide the answer in this decision issued today.

Posted at 11:24 PM by Howard Bashman

Which came first, the taking or the egg? In today’s ruling in Rose Acre Farms, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit writes that “We must again decide whether the trial court correctly held that the government’s regulations, which restricted the sale of certain of Rose Acre’s eggs during the approximately two-year period, constituted a taking for which just compensation is due.”

Posted at 11:00 PM by Howard Bashman

“Appeals court reverses ruling that State Farm acted in bad faith”: The Times-Picayune of New Orleans has a news update that begins, “A Port Sulfur couple whose home vanished in Hurricane Katrina won’t be able to collect penalties, bad faith and attorneys fees from State Farm Fire & Casualty Co. after the 5th Circuit Court of Appeal overturned the finding that the state’s largest insurer acted in bad faith in handling their claim.”

And The Associated Press reports that “Court vacates part of Katrina insurance case award.”

You can access yesterday’s non-precedential, per curiam ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 10:52 PM by Howard Bashman

“Court upholds gun ban in airport”: The Atlanta Journal-Constitution has a news update that begins, “A federal appeals court on Thursday ruled that licensed firearms owners may not carry guns into parts of Hartsfield-Jackson International Airport.”

And The Associated Press reports that “Federal court upholds gun ban in Atlanta airport.”

You can access today’s non-precedential, per curiam ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 6:40 PM by Howard Bashman

“Regrets Only? Native Hawaiians Insist U.S. Apology Has a Price.” Jess Bravin and Louise Radnofsky have this article today in The Wall Street Journal.

Posted at 6:24 PM by Howard Bashman

Greetings from New Orleans: Where it was warm and sunny this afternoon. I’m here because tomorrow afternoon I’ll be a a speaker at a Loyola Law Review symposium titled “On the Brink: The Judiciary’s Tug of War with Technology.”

My wife and I spent the afternoon exploring the French Quarter. We had lunch at Central Grocery on Decatur Street, where I enjoyed the world-famous muffuletta sandwich.

Before even leaving Philadelphia, thanks to a luggage tag bearing my name, we bumped into a “How Appealing” fan immediately behind us in line at the Terminal B security screening checkpoint at Philadelphia International Airport.

Among the people with whom I’ll be enjoying dinner tonight at Clancy’s will be the author of the “Ernie the Attorney” blog, who has been blogging for even longer than I have.

Finally, I had the pleasure of seeing both the front and back of the Fifth Circuit‘s New Orleans headquarters during my taxi rides to and from the French Quarter this afternoon.

Posted at 6:10 PM by Howard Bashman