How Appealing



Tuesday, April 27, 2010

Second Circuit determines whether a corporation’s outside counsel can be liable for false statements that those attorneys allegedly create, but which are not attributed to the law firm or its attorneys at the time the statements were disseminated: Today’s ruling affirms the dismissal of a securities fraud lawsuit that sought to hold the Mayer Brown law firm liable for matters that allegedly occurred during its representation of the now-bankrupt brokerage firm Refco Inc.

Posted at 2:50 PM by Howard Bashman



“Key GOP Backing May Help Obama Nominee From Connecticut”: Today’s edition of The Hartford Courant contains an article that begins, “Strong support from influential Republicans with ties to the Justice Department appears to have substantially weakened partisan opposition to President Barack Obama’s nomination of Hartford District Judge Robert N. Chatigny to the U.S. 2nd Circuit Court of Appeals.”

Posted at 1:24 PM by Howard Bashman



Today’s ruling of the U.S. Supreme Court in argued cases: The Court today issued two opinions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., No. 08-1198. The vote was 5-3 to reverse. The Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined in the majority opinion. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens and Stephen G. Breyer joined. Justice Sonia Sotomayor did not take part in the ruling. You can access the oral argument transcript at this link.

2. And Justice Breyer delivered the opinion of the Court in Merck & Co. v. Reynolds, No. 08-905. The vote was 9-0 to affirm. The Chief Justice and Justices Kennedy, Ginsburg, Alito, and Sotomayor joined in the majority opinion. Justice Stevens issued an opinion concurring in part and concurring in the judgment. And Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that “Court says Vioxx lawsuits can proceed.”

Posted at 10:06 AM by Howard Bashman



“Wal-Mart Gender Case Divides Court”: This article appears today in The New York Times.

The Washington Post reports today that “Appeals court upholds women’s right to sue Wal-Mart for alleged discrimination.”

The Wall Street Journal reports that “Bias Suit Advances Against Wal-Mart.” You can freely access the full text of the article via Google News.

Financial Times reports that “Walmart to seek lawsuit review.”

Dan Levine of The Recorder reports that “9th Circuit OKs Huge Wal-Mart Class.”

And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Wal-Mart To Face Massive Discrimination Lawsuit.”

My earlier coverage of yesterday’s en banc Ninth Circuit ruling appears here and here.

Posted at 8:33 AM by Howard Bashman



“The First Amendment and Kittens”: Stanley Fish has this post at the “Opinionator” blog of The New York Times.

Posted at 8:22 AM by Howard Bashman



“Jailbirds Order Up Hot Wings; Junk Food Lifts Inmates’ Spirits, Prison Revenue, but Envy and Diet Are Concerns”: Today’s edition of The Wall Street Journal contains an article that begins, “In a bid to raise cash and keep the peace in crowded jails, wardens nationwide are offering inmates the chance to order meatball subs, cheeseburgers, chicken parmesan–even a ‘Pizza and Wings Party Pack,’ complete with celery, blue cheese and a Pepsi. The program goes beyond the old-fashioned prison commissary, with its cup-a-soups and bags of chips, and it can be quite lucrative for corrections departments.”

Posted at 7:48 AM by Howard Bashman



“Possible court nominee had ties with Goldman; Solicitor General Kagan served on advisory panel”: This article appears today in USA Today.

Today’s edition of The Wall Street Journal reports that “Kagan’s Harvard Stint Could Be Selling Point; Record as Conciliator in Law-School Post May Help Win Republican Support for Potential Supreme Court Nomination.”

Bloomberg News reports that “Some Democrats Urge Obama to Avoid Fight Over High Court Choice.”

In yesterday’s edition of The Philadelphia Inquirer, law professor Craig Green had an op-ed entitled “Left’s answer to John Roberts: As with the chief justice, a nomination of Merrick Garland to the high court would be hard to fight.” Green clerked for Garland on the D.C. Circuit.

And at “SCOTUSblog,” Tom Goldstein has a lengthy post titled “The Potential Nomination of Merrick Garland: Analysis of his record.”

Posted at 7:36 AM by Howard Bashman



“Terror suspect’s confessions at issue; Canadian Omar Khadr heads for a military commission, where a judge will decide whether to allow his confessions to be used during his summertime war-court trial”: Carol Rosenberg has this article today in The Miami Herald.

Posted at 7:20 AM by Howard Bashman