How Appealing



Thursday, September 30, 2010

“Cheap at the price: Britain’s new highest court has made few headlines; It matters all the same.” The Economist has this report.

Posted at 11:36 PM by Howard Bashman



“Church’s protests at military funerals a free-speech test for Supreme Court”: Robert Barnes will have this article Friday in The Washington Post.

Posted at 11:30 PM by Howard Bashman



“This published order will constitute a public reprimand of Cyrus Sanai in the form of a published opinion in West’s Federal Reporter.” So states an order that the Judicial Council of the Ninth Circuit issued today.

Posted at 2:58 PM by Howard Bashman



Three-judge Ninth Circuit panel proves unable to vanquish legal dispute over ownership of the idea behind “Ghost Hunters” television series: Back on June 3, 2010, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a ruling in which, according to an article by Steven M. Ellis of Metropolitan News-Enterprise, “[t]he Ninth U.S. Circuit Court of Appeals * * * declined to reinstate a lawsuit accusing NBC Universal and the former Sci-Fi Channel of stealing the idea for the television show ‘Ghost Hunters.'”

In other coverage of the original three-judge panel’s ruling, the “THR, Esq.” blog of The Hollywood Reporter had a post titled “Appeals court sides with NBC Universal in ‘Ghost Hunters’ idea theft case.”

Today, however, the Ninth Circuit issued this order granting rehearing en banc in the case. Thus, the dispute over ownership of the idea behind “Ghost Hunters” remains alive. Yes, it’s alive!!! Rather spooky, isn’t it?

Posted at 2:44 PM by Howard Bashman



“Like many, Beverly Stayart was curious about what she would find when she put her name into a search engine. In this case it was Yahoo. To her dismay, the comprehensive search results eventually contained links to websites and advertisements that she found shameful.” So begins today’s ruling of the U.S. Court of Appeals for the Seventh Circuit in Stayart v. Yahoo! Inc.

Law professor Eric Goldman, at his “Technology & Marketing Law Blog,” has provided earlier coverage of this case and a related lawsuit in posts that you can access here, here, and here.

Posted at 2:06 PM by Howard Bashman



“Judge Posner: Conrad Black’s crimes ‘old-fashioned fraud’; But former media mogul tells appeals court his conviction should be overturned.” This article appears today in The Chicago Sun-Times.

The Palm Beach Daily News reports today that “Conrad Black’s attorneys cite Honest Services Law weakening in appeal of his conviction.”

The Guardian (UK) contains an article headlined “Conrad Black has ‘good chance’ of clearing name in court; Former Telegraph owner Black’s lawyers challenge convictions at US appeal court; Legal experts say Black has good chance of overturning three of four convictions.”

National Post has an article headlined “Looks like fraud: judge in Black case.”

Luiza Ch. Savage of Macleans reports that “U.S. judges grill lawyers in Conrad Black case.”

The Associated Press reports that “Minnie Mouse metaphor gets laugh in Black’s appeal.”

And Reuters reports that “U.S. judges weigh ex-mogul Conrad Black’s appeal; Ex-media mogul Black’s appeal critiqued by judges; ‘Honest services; law under microscope; Appeals court will issue ruling at later date.”

Posted at 8:30 AM by Howard Bashman



“Brothers on nationwide walk rail against Supreme Court election decision”: Paul J. Nyden had this article yesterday in The Charleston (W. Va.) Gazette.

Posted at 8:22 AM by Howard Bashman



“Shady Secrets”: The New York Times today contains an editorial that begins, “A midnight filing by the Obama administration on Friday, asking a federal judge to throw out a lawsuit because of the so-called state secrets doctrine, again raises a troubling question.”

Posted at 8:12 AM by Howard Bashman



“Next Supreme Court Term Could Be Hard On Plaintiff Lawyers”: Daniel Fisher has this post at his “Full Disclosure” blog at Forbes.com.

Posted at 8:07 AM by Howard Bashman



Wednesday, September 29, 2010

“President Obama Names Two to U.S. Circuit Courts”: The White House today issued a news release that begins, “Today, President Obama nominated Caitlin Halligan for a seat on the United States Court of Appeals for the District of Columbia Circuit and Jimmie V. Reyna to the United States Court of Appeals for the Federal Circuit.”

And at “The BLT: The Blog of Legal Times,” David Ingram and Mike Scarcella have a post titled “Obama Nominates N.Y. Lawyer to D.C. Circuit.”

Posted at 11:00 PM by Howard Bashman



“AP Source: Obama to tap NY lawyer for DC circuit.” The Associated Press has a report that begins, “President Barack Obama is nominating an attorney from New York County’s district attorney’s office to a vacancy on the U.S. Court of Appeals for the D.C. Circuit. A government official said Wednesday that Obama was nominating Caitlin Halligan, general counsel at the D.A.’s office, to the court.”

You can learn more about the rumored nominee here and here.

Posted at 4:57 PM by Howard Bashman



“Royalty formula for music-streaming sites is flawed, court rules; A federal appeals court sides with Yahoo and RealNetworks in a legal battle with songwriters; The ruling could affect many other websites that stream music”: The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.

In other coverage, Reuters reports that “Court orders music download license fee review.”

And Variety reports that “Appeals court tosses ASCAP fees; Yahoo and RealNetworks score a victory.”

Posted at 11:38 AM by Howard Bashman



“Fair Courts in the Cross-Fire”: Today’s edition of The New York Times contains an editorial that begins, “Holding elections to fill important state judgeships is one of those ideas that may sound good in theory but works terribly in practice.”

Posted at 9:55 AM by Howard Bashman



“Central Florida group seeks ouster of 2 high-court judges; A group seeks the removal of two Florida Supreme Court judges over a federal healthcare law decision”: The News Service of Florida has this report.

Posted at 8:42 AM by Howard Bashman



“Appeal by reputed Klansman Seale still could be heard by high court”: Jerry Mitchell has this article today in The Clarion-Ledger of Jackson, Mississippi.

Posted at 8:24 AM by Howard Bashman



“Senators hear reasons to close loophole; High court’s ruling affected conviction of Enron leader”: This article appears today in The Houston Chronicle.

Posted at 8:22 AM by Howard Bashman



“Black bids to nullify convictions”: Today’s edition of National Post contains an article that begins, “Conrad Black’s legal juggernaut continues today in a U.S. appeals court where a panel of judges will be asked to overturn his three mail and wire fraud convictions in the wake of the U.S. Supreme Court’s decision in June to set aside the former media baron’s honest-services convictions.”

And The Palm Beach Daily News reports today that “Conrad Black to seek dismissal of conviction at U.S. Court of Appeals.”

Posted at 7:58 AM by Howard Bashman



Tuesday, September 28, 2010

“Chief Justice Roberts Sells Pfizer Shares”: Brent Kendall of Dow Jones Newswires has a report that begins, “Chief Justice John Roberts Jr. recently sold his stock holdings in Pfizer Inc., which clears him to participate in two cases involving the drug maker that are pending on the Supreme Court’s docket.”

Posted at 7:44 PM by Howard Bashman



“Supreme Court Takes Cases on Corporate Rights”: Adam Liptak will have this article Wednesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court to consider corporate privacy rights, estate of Anna Nicole Smith.”

And David G. Savage of The Los Angeles Times has a news update headlined “High court to take case that could loosen rule on illegally seized evidence; The justices will decide Kentucky vs. King, in which police searched and took evidence from an apartment that they entered by mistake; It’s among the 14 cases they will take on this term.”

Posted at 7:38 PM by Howard Bashman