How Appealing



Thursday, December 17, 2009

“Frank Coffin, Chief Judge of a Federal Appeals Court, Dies at 90”: This obituary, written by Neil A. Lewis, appears today in The New York Times.

Earlier, The Portland (Me.) Press Herald had an obituary headlined “‘He was a national treasure’: Friends and colleagues extol the South Portland judge’s outsized influence on Maine politics and the law.” The newspaper also published this death notice.

The Bangor Daily News had an obituary headlined “Judge, lawmaker Frank Coffin dies; Architect of Maine Dems’ revival served on federal bench for 40 years.”

And The Associated Press reported that “Maine federal appeals Judge Coffin dies at 90.”

Posted at 9:42 AM by Howard Bashman



“Vt. court eyes value of love of man’s best friend”: The Associated Press has a report that begins, “Vermont’s highest court is being asked to decide what a dog’s love is worth.”

Posted at 9:22 AM by Howard Bashman



“Pfizer Seeks Prempro Video’s Removal From Internet”: Bloomberg News has a report that begins, “Pfizer Inc. asked a judge to order the removal of an Internet video about its menopause medicines that the company says is misleading and aimed at swaying potential jurors in future trials over the pills.”

You can access the video on YouTube by clicking here.

Posted at 7:44 AM by Howard Bashman



Wednesday, December 16, 2009

“Yoo torture controversy ensnares state lawyer”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “Critics of John Yoo, the author of the Bush administration’s so-called torture memos, want a lawyer in state Attorney General Jerry Brown’s office to drop his plans to teach a constitutional law class with the UC Berkeley professor next semester.”

Posted at 10:40 PM by Howard Bashman



“Judges Skeptical of Defamation Claim Tied to 1998 Missile Strike”: Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”

Posted at 10:35 PM by Howard Bashman



“The words we are asked to interpret were terms of art, and their meanings were fixed by judicial definition and consistent usage. To ignore this evidence would be to turn the plain meaning rule on its head.” Those words were written by Chief Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit, in an en banc concurring opinion in which Circuit Judges Jerry E. Smith and Priscilla R. Owen and Senior Circuit Judge Thomas M. Reavley joined.

The issue that divided the en banc Fifth Circuit 9-7 in an opinion issued yesterday concerns the “plain meaning” of the Packers and Stockyards Act of 1921 — specifically, whether the purpose of the statute is to protect competition and, therefore, only those practices that will likely affect competition adversely violate the Act. Although that issue may be rather obscure, the opinions are quite interesting because they discuss, at length, when the so-called “plain meaning” rule of statutory construction should or should not apply.

Posted at 2:57 PM by Howard Bashman



“A Caribbean Christmas for Justice Sotomayor”: The Associated Press has a report that begins, “Sonia Sotomayor showed off her Spanish skills and love of Puerto Rican food Wednesday on her first visit to Puerto Rico as a U.S. Supreme Court justice.”

Posted at 2:25 PM by Howard Bashman



“Faith-based prison rehab case reversed”: The Tampa Tribune today contains an article that begins, “Advocates for the separation of church and state scored a victory Tuesday when the 1st District Court of Appeal reversed the dismissal of their claim that state-funded, ‘faith-based’ rehabilitation of ex-prisoners is unconstitutional.”

Today’s edition of The Florida Times-Union contains an article headlined “Appellate opinion keeps faith-based case alive.”

And The Associated Press reports that “Challenge to Fla. prison religious aid reinstated.”

You can access yesterday’s ruling of Florida’s First District Court of Appeal at this link.

Posted at 8:24 AM by Howard Bashman



“Warrantless cell phone searches ruled off-limits”: In today’s edition of The Columbus (Ohio) Dispatch, James Nash has an article that begins, “Police can’t examine the contents of a suspect’s cell phone without a warrant, a divided Ohio Supreme Court ruled yesterday in a first-of-its-kind case over privacy and technology.”

And The Dayton Daily News reports today that “Cell phone search requires a warrant, court rules; Greene County case sparked ruling.”

My earlier coverage of yesterday’s Ohio Supreme Court ruling can be accessed here.

Posted at 8:04 AM by Howard Bashman



“Delaware courts: Appeals Court to hear suit on execution procedures; If ruling upheld, death penalty would resume.” Today in The News Journal of Wilmington, Delaware, Sean O’Sullivan has an article that begins, “The class-action lawsuit that has been holding up executions in Delaware for more than three years will be headed to the U.S. 3rd Circuit Court of Appeals today.”

Posted at 8:02 AM by Howard Bashman



“Court hears credit-bid arguments in newspaper case”: Today’s edition of The Philadelphia Inquirer contains an article that begins, “Amid an arcane legal debate over the interpretation of the U.S. Bankruptcy Code, a federal appeals panel yesterday heard arguments as to whether Philadelphia Newspapers L.L.C.’s lenders can use the money they are owed to purchase the media firm at auction.”

And The Philadelphia Daily News reports today that “Newspapers, creditors vie on credit-bid issue.”

Posted at 7:25 AM by Howard Bashman



Tuesday, December 15, 2009

“In a Federal Case Over ‘State Secrets,’ a Question of Whether Evidence Is Too Secret”: In Wednesday’s edition of The New York Times, John Schwartz will have an article that begins, “Eleven federal judges of the Court of Appeals for the Ninth Circuit in San Francisco offered pointed commentary and tough questions on Tuesday to lawyers arguing a case about secrecy, torture and presidential power.”

In Wednesday’s edition of The Los Angeles Times, Carol J. Williams will have an article headlined “Appellate panel hears arguments over ‘rendition’ case; Lawyers urge the judges to allow trial over five foreign men’s claims that Jeppesen DataPlan Inc. of San Jose was complicit in the former terror suspects’ kidnapping and torture.”

And Bob Egelko of The San Francisco Chronicle has a news update headlined “Torture suit too hot to be heard, U.S. says.”

You can access the audio of today’s oral argument in Mohamed v. Jeppesen Dataplan before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit via this link (10.1MB Windows Media audio file).

Posted at 11:24 PM by Howard Bashman



“Commas key in battle to control Philly newspapers?” The Associated Press has a report that begins, “The future of Philadelphia’s two major newspapers could turn on a pair of commas in the bankruptcy code. The newspapers’ creditors seized on the commas to argue in a federal appeals court Tuesday for the right to use the $300 million owed them to bid for The Philadelphia Inquirer and Philadelphia Daily News.”

Posted at 6:27 PM by Howard Bashman



“State Supreme Court limits police searches of cell phones”: The Columbus Dispatch has this news update.

And The Associated Press has a report headlined “Ohio justices: Cell phone searches require warrant.”

You can access today’s 4-3 ruling of the Supreme Court of Ohio at this link. In addition, the court’s public information office issued a news release headlined “Warrantless Search of Cell Phone Data Barred Unless Necessary for Officer’s Safety or to Preserve Evidence.”

Posted at 12:22 PM by Howard Bashman



“U.S. Said to Pick Illinois Prison to House Detainees”: Charlie Savage has this article today in The New York Times.

The Washington Post reports today that “U.S. to announce transfer of detainees to Ill. prison.”

The Chicago Tribune reports that “Illinois to take Gitmo detainees; U.S. to buy state prison in Thomson, source says.”

The Chicago Sun-Times reports that “White House to announce Tuesday Thomson chosen for Guantanamo detainees.”

The Rockford (Ill.) Register Star reports that “About 100 Gitmo detainees to come to Thomson Correctional Center; White House, Durbin confirm that announcement will be made Tuesday.”

CNN.com reports that “Illinois to get some Gitmo detainees, official says.”

The Associated Press has a report headlined “AP sources: Ill. prison to get Gitmo detainees.”

Reuters has reports headlined “U.S. plans to transfer some Guantanamo detainees” and “U.S. shoe-bomber case weighs on Guantanamo detainees.”

And Bloomberg News reports that “White House to Select Illinois Prison for Detainees.”

Posted at 10:05 AM by Howard Bashman



“Court to rule on privacy of texting; Case involves messages sent on a pager owned by an employer”: Robert Barnes has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that “Supreme Court takes up text privacy case; Police in Ontario, California, say their rights were violated when their boss read text messages sent on city-provided devices; The Supreme Court will hear an appeal in the case.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court to look at employees’ privacy rights; An Ontario, Calif., police officer sued the city for violating his privacy rights when it went through personal messages sent from his department-issued pager; The Supreme Court is taking up the case.”

The Washington Times reports that “High court to examine privacy at work case.”

And The San Bernardino Sun contains articles headlined “High court to hear privacy suit against Ontario” and “Lawyer: Effects of case could be huge.”

Posted at 8:35 AM by Howard Bashman



“Supreme Court to hear drug deportation case; The justices will consider the case of a legal immigrant in Texas ordered deported after two minor drug convictions; Some judges have ruled that two such charges constitute an ‘aggravated felony'”: David G. Savage has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko has an article headlined “Immigrant crimes: Who deserves deportation?

Posted at 8:25 AM by Howard Bashman



“Colorado Supreme Court upholds ban of smoking on stage”: The Denver Post today contains an article that begins, “In the first decision of its kind, the Colorado Supreme Court on Monday extinguished hopes that theater actors would be exempted from a statewide smoking ban after all but one justice voted to uphold lower-court decisions barring cigarette use in performances.”

You can access yesterday’s ruling of the Supreme Court of Colorado at this link.

Posted at 8:22 AM by Howard Bashman



Monday, December 14, 2009

“Court will rule on privacy of text messages sent on employer-owned devices; The police department in Ontario, Calif., was sued after the chief read sexually explicit texts sent by officers; An appeals court sided with officers, saying they had an expectation of privacy”: David G. Savage of The Los Angeles Times has this news update.

Posted at 2:58 PM by Howard Bashman



“Supreme Court refuses case on Guantanamo detainees and torture; The case of four Britons, held two years by the US, sought to clarify legal protections for Guantanamo detainees, including regarding torture and harsh government tactics; Supreme Court justices on Monday declined to hear the case”: Warren Richey of The Christian Science Monitor has this report.

And Greg Stohr of Bloomberg News reports that “U.S. High Court Rejects Appeal Alleging Torture at Guantanamo.”

Posted at 2:55 PM by Howard Bashman



“Supreme Court Grants Cert on Fourth Amendment Protection in Text Messages”: Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 1:48 PM by Howard Bashman