How Appealing



Saturday, November 28, 2009
Friday, November 27, 2009

“Plaintiff’s failure-to-warn claims against the manufacturers of metoclopramide, the generic version of Reglan, [are] not preempted by federal law”: The U.S. Court of Appeals for the Eighth Circuit today issued a ruling that the court’s web site summarizes as follows:

Plaintiff’s failure-to-warn claims against the manufacturers of metoclopramide, the generic version of Reglan, were not preempted by federal law; district court did not err in dismissing plaintiff’s claims against manufacturers of the name brand versions of the drug, as they did not owe her duty of care since she never took name brand versions of the drug and holding name brand manufacturers liable for harm caused by generic manufacturers stretches the concept of foreseeability too far.

The failure-to-warn claims at issue in the case arise under Minnesota law.

Posted at 2:25 PM by Howard Bashman



“Court rules against Wal-Mart workers”: Kirk Makin of The Toronto Globe and Mail has a news update that begins, “A move to unionize the massive Wal-Mart store chain was dealt a blow this morning when the Supreme Court of Canada voted 6-3 against workers at a Quebec outlet that attempt to unionize.”

The Montreal Gazette has a news update headlined “Supreme Court buys Wal-Mart stance on store closure.”

And The Associated Press reports that “Canada high court rules for Wal-Mart in union case.”

The Supreme Court of Canada issued two rulings in these cases today, and you can access them here (main ruling) and here (companion case).

Posted at 2:15 PM by Howard Bashman



“Canadian judge rules Happy Gilmore golf shot illegal; A Canadian judge decided that the ‘Happy Gilmore’ golf shot made famous by Adam Sandler, ‘breached the standard of care’ in a Nova Scotia Supreme Court case”: This post appeared earlier this week at the “global news blog” of The Christian Science Monitor.

You can access the ruling of the Supreme Court of Nova Scotia at this link.

Posted at 11:08 AM by Howard Bashman



“No decisions in high court’s horn of plenty”: Mark Sherman and Jesse J. Holland of The Associated Press has a report that begins, “For the first time under Chief Justice John Roberts, the Supreme Court failed to issue opinions before Thanksgiving in any of the cases that were argued in recent months.”

Posted at 10:50 AM by Howard Bashman



“Mental State Cited in 9/11 Case”: Today in The Wall Street Journal, Jess Bravin has an article that begins, “When five defendants are brought before a New York federal judge to face charges for the terror attacks of Sept. 11, 2001, the first question may be whether some of them are competent to stand trial at all.”

The newspaper also contains an op-ed by Thomas Wilner entitled “Obama Made the Right Call on KSM; A civilian court is the best venue for justice.”

Posted at 8:37 AM by Howard Bashman



“After Supreme Court clerkship, UW grad returns to teach at law school”: The Wisconsin State Journal posted this article online yesterday afternoon.

Posted at 8:32 AM by Howard Bashman



“Playing by Reid’s rules on filibusters”: Today in The Washington Post, U.S. Senator Jeff Sessions (R-AL) has an op-ed that begins, “Legal scholars have long debated whether the filibuster may be used to keep judicial nominees off the bench.”

Posted at 8:30 AM by Howard Bashman



Thursday, November 26, 2009

“Test case on shackling juveniles withdrawn; Opponents say practice is a violation of rights and traumatic for youth”: This article appears today in The Gainesville Sun.

Posted at 1:30 PM by Howard Bashman



“New Michigan Supreme Court rule will let judges toss one of their own”: Today’s edition of The Detroit Free Press contains an article that begins, “The Michigan Supreme Court enacted a rule late Wednesday that will allow, for the first time, a majority of justices to remove a colleague from a case for alleged bias. The rule, enacted on a 4-3 vote, is the most obvious indication so far of the change wrought by last year’s election in which then-Chief Justice Clifford Taylor was defeated by Justice Diane Hathaway.”

Posted at 1:27 PM by Howard Bashman



“Kentucky’s Highest Court Halts Executions in State”: John Schwartz has this article today in The New York Times.

The Louisville Courier-Journal reports today that “High court rules regulation needed for lethal injection.”

The Lexington Herald-Leader contains an article headlined “Court: No executions until death penalty process changed.”

And The Associated Press reports that “Ky. court says state must readopt lethal injection.”

You can access yesterday’s 4-3 ruling of the Supreme Court of Kentucky at this link.

Posted at 12:50 PM by Howard Bashman



“Turkey slaughter lawsuit won’t fly, judges rule; A federal appeals panel says the Humane Society did not have the standing to sue the USDA for asserting that a 1958 congressional act mandating humane slaughter does not extend to poultry”: This article appears today in The Los Angeles Times.

My earlier coverage of last Friday’s Ninth Circuit ruling appears at this link.

Posted at 12:38 PM by Howard Bashman



Wednesday, November 25, 2009

“The Alienator: Making sense of Justice Scalia’s personality–and his theory.” Online at Slate, Emily Bazelon has this review of Joan Biskupic’s new book, “American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia.”

And at “The BLT: The Blog of Legal Times,” Marcia Coyle has a related post titled “Gobble, Gobble v. Quack, Quack” that begins, “Just about everyone knows now that Justice Antonin Scalia likes to hunt.”

Posted at 7:54 PM by Howard Bashman



“Obama Wants Computer Privacy Ruling Overturned”: David Kravets has this post today at Wired.com’s “Threat Level” blog.

Posted at 7:48 PM by Howard Bashman



“City to pay $50,000 for citation issued over obscene gesture”: Today’s edition of The Pittsburgh Post-Gazette contains an article that begins, “The city of Pittsburgh has tentatively agreed to pay $50,000 to settle a federal lawsuit brought by a man who was cited in 2006 for giving the middle finger to a motorist and a police officer.”

Posted at 7:48 AM by Howard Bashman



“Ruling Lets Atlantic Yards Seize Land”: This article appears today in The New York Times.

The Wall Street Journal reports today that “Builders Net Win in N.Y. Case; Court Says State Can Claim Land for Brooklyn Project; Game Is Back on for NBA Arena.”

Bloomberg News reports that “Bruce Ratner’s Atlantic Yards Project Will Proceed.”

Reuters reports that “NY top court rules for state in Atlantic Yards case.”

And The New York Law Journal reports that “Atlantic Yards Plan Clears Hurdle With Ruling on Eminent Domain.”

My earlier coverage of yesterday’s New York State Court of Appeals ruling appears at this link.

Posted at 7:48 AM by Howard Bashman



“Key coordinator of detainee policy quits”: Today’s edition of The Washington Post contains an article that begins, “A key official in the Obama administration’s effort to remake detention policy and close the military prison at Guantanamo Bay has resigned. Phillip Carter, who was appointed deputy assistant secretary of defense for detainee policy in April, said in a brief telephone interview that he was leaving for ‘personal and family reasons’ and not because of any policy differences with the administration.”

And Carol Rosenberg of The Miami Herald reports that “Detainee policy appointee quits Pentagon post.”

Posted at 7:32 AM by Howard Bashman



“Promotions ordered for New Haven firefighters”: The New Haven Register today contains an article that begins, “A U.S. District Court judge, under instruction by the Supreme Court, Tuesday entered a judgment finding that the city violated the civil rights of a group of white firefighters when it threw out two promotional exams in 2004, and ordered the city to promote 14 of them.”

And The Associated Press reports that “Judge orders New Haven firefighter promotions.”

Posted at 7:24 AM by Howard Bashman



“U.S. Senate committee to consider nomination of R.I. judge”: Today’s edition of The Providence Journal contains an article that begins, “The U.S. Senate Judiciary Committee will consider President Obama’s nomination of Rhode Island Superior Court Judge O. Rogeriee Thompson to the 1st U.S. Circuit Court of Appeals on Tuesday.”

Posted at 7:20 AM by Howard Bashman



Tuesday, November 24, 2009

“Atlantic Yards Project in Brooklyn Clears Legal Hurdle”: The New York Times has a news update that begins, “The last major obstacle to a groundbreaking for the $4.9 billion Atlantic Yards development in Brooklyn fell Tuesday when New York’s highest court, the Court of Appeals, dismissed a challenge to the state’s use of eminent domain on behalf of the developer, Bruce C. Ratner.”

And The Associated Press has a report headlined “Court: NY can seize property for new NJ Nets arena.”

You can access today’s ruling of the New York State Court of Appeals at this link.

Posted at 10:52 AM by Howard Bashman



“Landowners on Florida beaches fighting to be sand owners, too; Supreme Court to examine ‘taking’ of private property”: Robert Barnes has this article today in The Washington Post.

Posted at 8:50 AM by Howard Bashman



“A costly recount”: Today’s edition of The Philadelphia Inquirer contains an editorial that begins, “At the risk of being nicknamed the million-dollar man, Pittsburgh lawyer Templeton Smith Jr. insisted on a costly – and likely fruitless – recount in the close race for a fourth seat on the Pennsylvania Superior Court.”

Posted at 7:35 AM by Howard Bashman