How Appealing



Monday, December 7, 2009

“As of yet, no circuit court has confronted this issue, and the district courts that have addressed it are badly divided.” So explains a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in an opinion issued today.

The decision addresses whether a federal statute providing that “”An order remanding [an erroneously removed] case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of removal” allows the award of expenses to be imposed against only the party that removed the case from state court to federal court or also allows the expenses to be imposed against that party’s attorney.

Posted at 10:40 PM by Howard Bashman



“Supreme Court takes case of student group that bars gay members; Christian student group cites freedom of religion in disallowing gay members; The college cites its nondiscrimination policy; The Supreme Court has agreed to decide which will prevail”: Warren Richey of The Christian Science Monitor has this report.

Greg Stohr of Bloomberg News reports that “Christian Group Rebuffed by School Gets Court Review.”

And James Vicini of Reuters reports that “Supreme Court to hear religious group barring gays case.”

Posted at 10:04 PM by Howard Bashman



“Supreme Court takes up ‘honest services,’ or anti-corruption, law; The Supreme Court will hear arguments Tuesday in two cases that explore whether a federal ‘honest services’ law is too vague; A third case, to be heard later, involves the anti-corruption methods used in convicting former Enron chief executive Jeffrey Skilling”: Warren Richey of The Christian Science Monitor has this report.

Brent Kendall of Dow Jones Newsletters reports that “Conrad Black Appeal Could Impact White-Collar Prosecutions.”

And in related news, Tuesday’s edition of The Los Angeles Times will contain an article headlined “Prosecutors to revise charges against Blagojevich; An amended indictment is planned because of another case before the Supreme Court; That case may affect the federal ‘honest services’ statute, under which the former Illinois governor was charged.”

Posted at 9:48 PM by Howard Bashman



“High court weighs constitutionality of corporate audit board; Justices consider whether law violates president’s power”: Robert Barnes will have this article Tuesday in The Washington Post.

Posted at 9:14 PM by Howard Bashman



“Brownstown Township man to face assault trial after Supreme Court ruling”: The Detroit News has an update that begins, “The U.S. Supreme Court ruled today that Brownstown Township police officers did not violate a man’s Fourth Amendment rights when they entered his home during a disturbance six years ago.”

Posted at 7:35 PM by Howard Bashman



“Phelps-Roper loses appeal”: The Topeka Capital-Journal has a news update that begins, “The Nebraska Supreme Court has dismissed Shirley Phelps-Roper’s latest appeal in a case involving a Nebraska flag-desecration law, but her attorney said the legal battle isn’t over.”

Posted at 7:28 PM by Howard Bashman



“Court Spars on Oversight of Agencies”: Adam Liptak will have this article Tuesday in The New York Times.

The Wall Street Journal has a news update headlined “High Court Weighs Accounting Rules.”

And Greg Stohr of Bloomberg News reports that “Sarbanes-Oxley Audit Board Questioned by Justices.”

You can access the transcript of today’s U.S. Supreme Court oral argument in Free Enterprise Fund v. Public Company Accounting Oversight Bd., No. 08-861, at this link.

Posted at 7:25 PM by Howard Bashman



“NY judge declares mistrial in NJ blogger trial”: The Associated Press has a report that begins, “A judge declared a mistrial Monday in the case against a New Jersey blogger accused of making death threats against three federal judges in Chicago because they wrote a ruling supporting gun control.”

According to The AP’s report, “The only juror to speak to reporters afterward, truck driver Richard Gardiner, said the jury voted 9 to 3 in favor of acquittal, with the majority seeing the government’s case as weak.”

Posted at 6:21 PM by Howard Bashman



“Three Supreme Court Cases Challenge Law Used to Secure High-Profile Fraud Convictions”: Tony Mauro of The National Law Journal has this report.

Posted at 2:54 PM by Howard Bashman



“Bring On the Show Trial: The justice system needs vindication.” Dahlia Lithwick has this essay in the December 14, 2009 issue of Newsweek.

Posted at 2:47 PM by Howard Bashman



“Supreme Court weighs validity of anti-fraud law”: Mark Sherman of The Associated Press has a report that begins, “The Supreme Court cast doubt Monday on the validity of part of the anti-fraud law enacted in response to Enron and other corporate scandals early this decade.”

Posted at 2:11 PM by Howard Bashman



“Suit wants details about cops’ online probes”: In Saturday’s edition of The San Francisco Chronicle, Bob Egelko had this article about a lawsuit brought by the Electronic Frontier Foundation.

In addition, EFF has issued a press release titled “Lawsuit Demands Answers About Social-Networking Surveillance; Government Agencies Withholding Information on Data-Gathering from Facebook, Twitter, and Other Online Communities” and has posted online its complaint initiating suit.

Posted at 10:28 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court granted review in two cases.

In addition, the Court issued a per curiam opinion in Michigan v. Fisher, No. 09-91. Justice John Paul Stevens issued a dissenting opinion, in which Justice Sonia Sotomayor joined.

At “SCOTUSblog,” Lyle Denniston has a post titled “Court to rule on student religious rights.”

In early news coverage, The Associated Press reports that “Court to decide if college group must allow gays” and “Court to decide sentencing modification case.”

Posted at 10:08 AM by Howard Bashman



“The Media and the Supreme Court: Princeton Univ. hosted a panel of journalists on the relationship between the media & the Supreme Court.” You can view this past Saturday’s broadcast of C-SPAN’s “America & the Courts” by clicking here.

Posted at 10:00 AM by Howard Bashman



“Texas judge talks historical career, court difficulties”: Today’s edition of The Daily Texan contains an article that begins, “Wallace Jefferson is often called ‘Texas’ Barack Obama,’ but the Texas Supreme Court justice has been making history long before the president’s inauguration. The 46-year-old judge became the first black member of the Texas Supreme Court in 2001 and the court’s first black chief justice in 2004. Jefferson discussed his career as well as current issues facing the court at the Bass Lecture Hall at the LBJ School of Public Affairs on Friday.”

Posted at 7:32 AM by Howard Bashman



“Professor Carl Tobias Responds to Senator Orrin Hatch on Judicial Nominations”: This essay appears online at FindLaw.

Posted at 7:30 AM by Howard Bashman