How Appealing



Wednesday, September 30, 2009

Warren Richey of The Christian Science Monitor is reporting: He has articles headlined “Supreme Court to take up Chicago gun ban; The case challenging a handgun ban in Chicago will decide whether the individual right to bear arms upheld by the Supreme Court in a D.C. case last year applies to all states and cities, too” and “Supreme Court to review ban on certain aid to terrorist groups; The court will examine whether part of the Patriot Act prohibits activities protected by the First Amendment.”

Posted at 8:14 PM by Howard Bashman



“Court to decide if feds liable for cancer mistake”: Jesse J. Holland of The Associated Press has a report that begins, “The Supreme Court will decide whether the family of a now-deceased immigrant who was denied medical care for cancer while in custody can sue federal medical officials for damages.”

Posted at 4:32 PM by Howard Bashman



“We here explore the treacherous path which corporate counsel must tread under the attorney-client privilege when conducting an internal investigation to advise a publicly traded company on its financial disclosure obligations.” So begins today’s ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in United States v. Ruehle.

In today’s ruling, the Ninth Circuit reverses a federal district court’s order suppressing all evidence reflecting statements by the former Chief Financial Officer of Broadcom Corp. to attorneys from Irell & Manella, Broadcom’s outside counsel, regarding stock option granting practices at Broadcom. The appeal arises in a criminal case against the CFO for his involvement in an alleged backdating scheme that ultimately resulted in Broadcom’s restatement of its earnings to account for approximately $2.2 billion in additional stock-based compensation expenses.

Posted at 3:05 PM by Howard Bashman



“Responding to the Growing Need for Federal Judgeships: The Federal Judgeship Act of 2009.” Senate Judiciary Committee’s Subcommittee on Administrative Oversight and the Courts has just begun holding a hearing on this topic. You can view a live webcast of the hearing by clicking here.

In connection with the hearing, the Administrative Office of the U.S. Courts has today issued a news release headlined “Judiciary Supports New Judgeships.”

And today at FindLaw, law professor Carl Tobias has an essay entitled “Congress and the Pending Comprehensive Judgeships Legislation.”

Posted at 2:44 PM by Howard Bashman



“Supreme Court to hear new firefighter discrimination case; The justices will decide how much time plaintiffs have to file a lawsuit when they believe they’ve been unfairly penalized by hiring tests”: David G. Savage of The Los Angeles Times has this news update.

Posted at 2:37 PM by Howard Bashman



“Supreme Court takes gun case that will test reach of 2nd Amendment; The justices’ ruling on whether state and local laws are subject to the 2nd Amendment could open the door to legal challenges nationwide; The ruling on a Chicago handgun ban is expected by summer”: David G. Savage of The Los Angeles Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “High Court to Examine Local Handgun Laws.”

And Jess Bravin of The Wall Street Journal has a news update headlined “Supreme Court Agrees to Weigh Local Gun Laws.”

Posted at 2:28 PM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List, granting review in ten cases, at this link.

At “SCOTUSblog,” Lyle Denniston has a post titled “Court to rule on gun rights, terrorism law.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Supreme Court Grants Chicago Handgun Ban Case.”

In early news coverage, Mark Sherman of The Associated Press reports that “High court to look at local gun control laws.” The AP also has reports headlined “High court to review parts of anti-terrorism law“; “Court to weigh lawsuit against former Somali PM“; “Court to decide on expansion of Miranda rights“; “Court to settle dispute over all-white jury“; and “Court asked if old offenses can get new penalties.”

Greg Stohr of Bloomberg News reports that “Local Gun Laws Draw Scrutiny From U.S. Supreme Court.”

And James Vicini of Reuters reports that “Supreme court to decide how far gun rights extend.”

Posted at 10:48 AM by Howard Bashman



“Rather’s CBS Suit Dismissed”: Today in The New York Times, Bill Carter has an article that begins, “Dan Rather’s expensive attempt at vindication against his former employer CBS was repudiated Tuesday by the appellate division of New York State Supreme Court, which ruled unanimously to dismiss the $70 million lawsuit he had brought against the network in 2007.”

The Los Angeles Times reports today that “Dan Rather’s lawsuit against CBS dismissed; A New York appeals panel rules that a trial judge erred in allowing the newsman to pursue his case against the network; Rather’s attorney vows to appeal the ruling, while CBS declares victory.”

And The Associated Press reports that “Dan Rather’s $70M lawsuit against CBS thrown out.”

You can access yesterday’s ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.

Posted at 9:27 AM by Howard Bashman



“Public-prayer battle lines drawn in Lodi”: The Sacramento Bee today contains a front page article that begins, “Lodi is just a small city in the heart of California’s Central Valley. But tonight, it takes center stage for one of the nation’s hottest issues. The question is: Should the City Council allow invocations that call on Jesus at its public meetings?”

Posted at 9:12 AM by Howard Bashman



“Supreme Court sets date for former legislator’s appeal; Juneau Republican says statute doesn’t apply in case”: Today’s edition of The Anchorage Daily News contains an article that begins, “The U.S. Supreme Court has set Dec. 8 as the date for oral arguments in the appeal of former Rep. Bruce Weyhrauch, who is seeking to reinstate a court order that sharply limited the federal government’s mail fraud case against him.”

Posted at 9:05 AM by Howard Bashman



“New abortion laws halted; Judge: Rules can’t take effect until suits decided.” Today’s edition of The Arizona Republic contains an article that begins, “A Maricopa County Superior Court judge issued a preliminary injunction Tuesday against new abortion restrictions passed by the Legislature, preventing two laws from going into effect today as planned.”

Today in The Arizona Daily Star, Howard Fischer reports that “Abortion law’s key points are blocked; Maricopa judge orders state not to enforce measure for now.”

And The Associated Press reports that “Judge blocks key parts of new Arizona abortion law.”

You can access the text of yesterday’s injunction at this link.

Posted at 8:52 AM by Howard Bashman



Tuesday, September 29, 2009

“Justice asks high court to OK labor board rulings”: The Associated Press has a report that begins, “The Justice Department on Tuesday asked the Supreme Court to let a federal labor board continue working even though three of its five seats are vacant.”

Posted at 7:54 PM by Howard Bashman



“Kaine does not anticipate stay for Beltway sniper”: The Richmond Times-Dispatch has a news update that begins, “Virginia Gov. Timothy M. Kaine said today that he has not yet received a petition seeking clemency for convicted Beltway sniper John Allen Muhammad and has seen no evidence that would suggest he should receive a stay of execution.”

And The Associated Press has a news update headlined “Va. gov: No reason to stop sniper execution.”

Posted at 2:40 PM by Howard Bashman



“Provocative docket raises hackles over animals, religion”: Online at the First Amendment Center, Tony Mauro has a news analysis that begins, “Fighting for the First Amendment often makes for odd bedfellows. In pending cases for the coming Supreme Court term, free-speech advocates find themselves on the side of corporations seeking to influence elections, creators of videos depicting animal cruelty and, oh, yes, bankruptcy lawyers. All in a day’s work.”

Posted at 2:37 PM by Howard Bashman



“The Supreme Court’s New Portrait”: Kate Phillips has this post at “The Caucus” blog of The New York Times.

Posted at 2:00 PM by Howard Bashman



“Cross Dispute Takes Attorney on an Unexpected Journey”: In yesterday’s edition of The Daily Journal of California, Lawrence Hurley had an article that begins, “When Los Angeles-based American Civil Liberties Union lawyer Peter J. Eliasberg first heard about a controversial cross erected on federal land, it didn’t seem like a case that would end up at the U.S. Supreme Court. They never do. But 10 years later, Eliasberg is frantically preparing for his first argument before the high court in an Establishment Clause case that is one of the highlights of the term that begins Oct. 5.”

Posted at 11:57 AM by Howard Bashman



Second Circuit issues opinion explaining why Debevoise & Plimpton LLP will be allowed to serve as counsel to Metropolitan Life Insurance Co. in defending a class action alleging that policyholders were misled and shortchanged in that company’s demutualization: You can access today’s opinion of the U.S. Court of Appeals for the Second Circuit at this link.

Earlier coverage from law.com appeared in articles headlined “$8 Billion Class Action Against MetLife Stalled as Members Press to Disqualify Debevoise” and “MetLife, Class Present Final Arguments to 2nd Circuit on Disqualification of Debevoise.”

Posted at 11:17 AM by Howard Bashman



“Free speech vs. animals: The Supreme Court should rule that filmed depictions of animal cruelty are protected under the 1st Amendment.” Yesterday’s edition of The Los Angeles Times contained this editorial.

Posted at 8:20 AM by Howard Bashman



“The Art of the Steal: The Untold Story of the Barnes Foundation.” Today in The Wall Street Journal, Julia M. Klein has this article about that new documentary film.

Some recent earlier coverage of the film can be accessed here (from The Philadelphia Inquirer); here (from The New York Times); here (from The Los Angeles Times); and here (from Variety).

Posted at 7:58 AM by Howard Bashman



“Pocket Docket: Supreme Court’s New Season; Justices Face an Unusually Diverse Caseload; Some Legal Observers Expect the Conservative Bloc to Overrule Past Opinions.” Jess Bravin has this article today in The Wall Street Journal.

Posted at 7:24 AM by Howard Bashman



“Ex-Bush officials face lawsuits over their actions”: Mark Sherman of The Associated Press has a report that begins, “High-ranking government officials are usually protected from claims that they violated a person’s civil rights. In lawsuits stemming from law enforcement and intelligence efforts after the Sept. 11 attacks, three federal courts have left open the possibility that former Attorney General John Ashcroft and a lieutenant may be held personally liable.”

Posted at 7:15 AM by Howard Bashman



Monday, September 28, 2009

“A new push to define ‘person,’ and to outlaw abortion in the process; Some abortion foes think the rationale for Roe vs. Wade is vulnerable; They’re trying to amend state constitutions — including California’s — to define personhood from conception”: This article appears today in The Los Angeles Times.

Posted at 10:48 PM by Howard Bashman



“Supreme Court to consider juvenile ‘lifers’; Does life without parole for minors who didn’t kill constitute cruel and unusual punishment?” David G. Savage has this article today in The Los Angeles Times.

Posted at 10:47 PM by Howard Bashman



“Judicial pay disparity drains talent from federal bench; Vacancies are rising as district judges reluctantly resign lifetime appointments to better provide for their families”: Carol J. Williams had this article yesterday in The Los Angeles Times.

Posted at 10:45 PM by Howard Bashman



“Ninth Circuit Law Clerks Get Surprise Visitor”: Office of the Circuit Executive of the U.S. Court of Appeals for the Ninth Circuit has posted online this item.

Posted at 8:57 PM by Howard Bashman