How Appealing



Friday, July 9, 2010

“William Brennan bio on the way”: Michael Doyle of McClatchy’s Washington Bureau has this post at his “Suits & Sentences” blog.

My most recent earlier mention of that book appeared in a post published one week ago today.

Posted at 9:34 AM by Howard Bashman



“Appeals court rejects U.S. request to restore drilling moratorium”: This article appears today in The Times-Picayune of New Orleans.

The New York Times reports today that “Court Rejects Moratorium on Drilling in the Gulf.”

The Los Angeles Times reports that “Appeals court says no to Obama drilling moratorium; The administration may try to redraft the six-month ban imposed after the Deepwater Horizon spill in the gulf.”

The Wall Street Journal reports that “Judges Reject White House’s Drilling Ban Request.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “U.S. loses — for now — on drilling; Gulf moratorium still on hold.”

You can access yesterday’s order from a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 9:27 AM by Howard Bashman



“Judge rejects gay marriage curb; Ruling in Hub calls US law unconstitutional, infringing on state’s right”: This article appears today in The Boston Globe.

The Boston Herald reports today that “Judge rules fed gay-wed ban illegal.”

The New York Times reports that “Judge Topples U.S. Rejection of Gay Unions.”

Carol J. Williams of The Los Angeles Times reports that “Part of federal gay marriage ban ruled unconstitutional; The Defense of Marriage Act goes against states’ rights and the Equal Protection Clause, a federal judge says in two Massachusetts cases.”

The Wall Street Journal reports that “Federal Ban on Gay Marriage Unconstitutional, Judge Says.”

Dan Levine of The Recorder reports that “Mass. Federal Judge Strikes Down Federal Ban on Gay Marriage.”

And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Judge: Federal Gay Marriage Ban Is Unconstitutional.”

This post of mine from yesterday evening contains links to the trial court’s opinions.

Posted at 9:17 AM by Howard Bashman



“‘Don’t ask, don’t tell’ foes win legal victory”: In today’s edition of The San Francisco Chronicle, Bob Egelko has an article that begins, “The federal judge overseeing a challenge to the ‘don’t ask, don’t tell’ law, scheduled for trial in Southern California next week, has ruled in favor of a gay rights group on a crucial issue — how much evidence the government needs to justify the ban on openly homosexual members of the armed forces.”

Posted at 9:03 AM by Howard Bashman



Thursday, July 8, 2010

“Court rejects bid to restore drilling moratorium”: The Associated Press has a report that begins, “A federal appeals court on Thursday rejected the federal government’s effort to restore an offshore deepwater drilling moratorium, opening the door to resumed drilling in the Gulf while the legal fight continues.”

Reuters reports that “Court refuses stay in deepwater drilling case.”

Bloomberg News reports that “U.S. Appeals Court Rejects Six-Month Moratorium on Deep-Water Oil Drilling.”

You can access via this link (31.3MB Windows Media audio file) the audio of this afternoon’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

Posted at 7:48 PM by Howard Bashman



“5th Circuit Judges in Drilling Moratorium Case Have Oil Ties, Report Says”: Tresa Baldas of The National Law Journal has this report.

The New York Times reports today that “Obama Asks Court to Reinstate Ban on Deepwater Drilling.”

Carol J. Williams of The Los Angeles Times reports today that “Ken Salazar urges court to uphold ban on oil drilling; The Interior secretary tells appellate judges that the moratorium is needed to prevent another disaster in the Gulf of Mexico; But opposing lawyers say the economic harm is too great.”

The Times-Picayune reports that “Deepwater drilling moratorium opponents could win battle but lose war.”

Jennifer A. Dlouhy of Hearst Washington Bureau reports that “Legal showdown over drilling moratorium looms.”

The Associated Press reports that “Appeals court to hear drilling moratorium case.”

Reuters reports that “Obama administration set for drill ban legal fight.”

And Bloomberg News reports that “Gulf Drilling Ban Should Be Restored, U.S. Lawyers Tell Court of Appeals.”

Posted at 8:14 AM by Howard Bashman



Wednesday, July 7, 2010

“N.J. Supreme Court rules insurance company must defend homeowner sued after woman overdoses”: The Newark Star-Ledger has a news update that begins, “The state Supreme Court today ruled an insurance company must defend a homeowner in a case in which a party guest overdosed on illegal drugs and alcohol.”

You can access today’s ruling of the Supreme Court of New Jersey at this link.

Posted at 5:47 PM by Howard Bashman



“Unions outspending corporations on campaign ads despite court ruling”: Today’s edition of The Washington Post contains an article that begins, “Labor unions have dominated spending on independent campaign ads so far this election season, despite a recent Supreme Court decision that freed spending by corporations, a Washington Post analysis shows.”

Posted at 5:42 PM by Howard Bashman



“Civil Fight Looms for Defendants in Case of Murdered D.C. Lawyer; Acquittal doesn’t end legal battle in Wone saga”: Jeff Jeffrey and Mike Scarcella of The National Law Journal have this report.

Posted at 1:56 PM by Howard Bashman



Tuesday, July 6, 2010

“The record clearly shows that the defendants are fools, but that is not the same as being incompetent.” So writes the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today addressing whether the defendants in a criminal case were properly allowed “to represent themselves and assert an absurd legal theory wrapped up in Uniform Commercial Code gibberish.”

Posted at 2:56 PM by Howard Bashman



“Business method patents nearly bite the dust; Reflecting on Justice Stevens’ lost majority opinion in Bilski“: Tom Goldstein has this post at “SCOTUSblog.”

Posted at 2:37 PM by Howard Bashman



Second Circuit issues ruling in In re Novartis Wage and Hour Litigation: Are pharmaceutical sales reps entitled to overtime pay under the Fair Labor Standards Act if they work more than 40 hours per week? That’s the question that a three-judge panel of the U.S. Court of Appeals for the Second Circuit decided today.

The U.S. District Court for the Southern District of New York had ruled in favor of Novartis, holding that drug company sales reps are not entitled to overtime pay due to FLSA exemptions for “outside salesmen” and “administrative employees.”

Today’s Second Circuit ruling disagrees, thereby reinstating the sales reps’ claims for overtime pay. Among other things, the Second Circuit notes that pharmaceutical sales reps don’t actually sell anything to anyone.

In coverage of today’s ruling, Bloomberg News reports that “Novartis AG’s Salespeople Covered by Wage Laws, U.S. Appeals Court Rules.”

Posted at 2:15 PM by Howard Bashman



“Bad news for Obama: Conservative Justice Kennedy tells pals he’s in no rush to leave Supreme Court.” The New York Daily News contains this article today.

Posted at 1:30 PM by Howard Bashman



Alphabetize this! Sure, it may be a zillion degrees outside, and, yes, my son and I attended last night’s Phillies-Braves game, but nevertheless appellate briefs demand to be finalized and filed (as on Friday I filed one in the Superior Court of Pennsylvania and today I’m filing one in the Third Circuit).

Given that this began as, and remains, an “appellate” blog, the following question presents itself — How should unusual case names be alphabetized in an appellate brief’s table of authorities? For example, assume you cite the following four cases in your appellate brief:

United States v. Jones;

United States v. $154,362.05 in U.S. Currency;

United States v. 75 Broken Television Sets; and

United States v. Smith.

How should those cases be alphabetized in the brief’s table of authorities? We will leave the question of how to alphabetize case names that begin with “In re”; “Ex parte”; etc. for a later post. Readers with informed views on this question are invited to respond to this post via email. Thanks much!

Update: I will run a post later featuring reader responses, which have already begun to arrive. Perhaps in a follow-up post, i will also ask for reader input on how to “alphabetize” cases that have identical names.

Posted at 11:55 AM by Howard Bashman



Monday, July 5, 2010

“Lawyering Suits Pile Up at High Court; During 2009-2010 term, some 20 percent of the decision docket involved cases on lawyering”: Marcia Coyle of The National Law Journal has this report.

Posted at 4:30 PM by Howard Bashman