How Appealing



Wednesday, November 3, 2010

“Court weighs allowing Mazda seat belt lawsuit”: Jesse J. Holland of The Associated Press has a report that begins, “The Supreme Court is debating whether to let Mazda be sued over a woman who died while using a seat belt in her family’s minivan.”

Update: You can access the transcript of today’s U.S. Supreme Court oral argument in Williamson v. Mazda Motor of America, Inc., No. 08-1314, by clicking here.

Posted at 1:48 PM by Howard Bashman



“Iowans dismiss three justices”: In today’s edition of The Des Moines Register, Grant Schulte has an article that begins, “Three Iowa Supreme Court justices lost their seats Tuesday in a historic upset fueled by their 2009 decision that allowed same-sex couples to marry.”

The New York Times reports today that “In Iowa, Voters Oust Judges Over Marriage Issue.”

The Chicago Tribune reports that “State Supreme Court justice wins retention battle; Group seeking caps on jury awards targeted Thomas Kilbride.”

The Las Vegas Review-Journal reports that “Voters reject changing judge selection; Appellate court, Internet sales tax, eminent domain issues also fail.”

The Detroit News reports that “GOP regains control of Supreme Court; Republicans Kelly, Young finish in top 2; Dems fall far behind.”

The Detroit Free Press reports that “Beth Kelly and Robert Young win spots on Supreme Court.”

The Seattle Times reports that “Sanders-Wiggins state Supreme Court contest too close to call.”

The Denver Post contains articles headlined “Three Colorado Supreme Court justices appear to retain seats” and “‘Personhood’ amendment fails by 3-1 margin.”

The Anchorage Daily News reports that “Voters retain Fabe as Alaska Supreme Court justice.”

The Cleveland Plain Dealer reports that “Maureen O’Connor tops Eric Brown for chief of Ohio’s high court.”

The Toledo Blade reports that “O’Connor leads for chief justice, 1st woman in job.”

The Minneapolis Star Tribune reports that “Top court justices coast to easy wins; Two justices faced frequent court candidates who want more open elections; one was unopposed.”

Bill Rankin of The Atlanta Journal-Constitution reports that “Nahmias leads early returns in contested state Supreme Court race.”

Later, however, The Rome (Ga.) News-Tribune reported that “Statewide judicial races headed to runoff.”

And The Associated Press reports that “GOP retains control of Alabama Supreme Court.”

Posted at 7:24 AM by Howard Bashman



Tuesday, November 2, 2010

“Supreme Court Debates Violent Video Game Ban”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “High court weighs Calif. effort to ban sale of violent video games to minors.”

David G. Savage of The Los Angeles Times has a news update headlined “California law on violent video games appears to divide Supreme Court; Justices Stephen Breyer and John Roberts voice support for a law that would forbid the sale of violent video games to people under age 18; Justice Antonin Scalia, though, says depictions of violence and torture have never been restricted under the 1st Amendment.”

Joan Biskupic of USA Today has a news update headlined “Justices challenge ban on violent video games.”

Jesse J. Holland of The Associated Press reports that “Court hears arguments on violent video games.”

Greg Stohr of Bloomberg News reports that “Violent Video Game Limits Questioned at High Court.”

Bill Mears of CNN.com reports that “Court weighs state law banning ‘violent’ video games from children.”

Brent Kendall of Dow Jones Newswires reports that “Court Voices Doubts on Violent Videogame Law.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “‘Common sense’ and violence.”

You can access the transcript of today’s U.S. Supreme Court oral argument in Schwarzenegger v. Entertainment Merchants, No. 08-1448, at this link.

Posted at 3:38 PM by Howard Bashman



Pa. Supreme Court review sought to determine what types of negligence claims can be brought against the manufacturer of a dangerous prescription drug: Yesterday, in the case captioned Lance v. Wyeth, both the plaintiff and the defendant filed petitions for allowance of appeal seeking Pa. Supreme Court review of different aspects of the ruling that the Pa. Superior Court issued in the case.

You can access the plaintiff’s petition for allowance of appeal at this link. The defendant’s petition for allowance of appeal can be accessed here.

My most recent earlier coverage of this case, in which I am serving as appellate counsel for plaintiff, appears at this link.

After the Superior Court issued its ruling, Wyeth filed an application for reargument en banc or reconsideration — which the Superior Court denied on October 1, 2010 — raising issues similar to those now being raised in Wyeth’s petition for allowance of appeal to the Pa. Supreme Court. Plaintiff’s answer in opposition to Wyeth’s application for reargument can be accessed here.

Posted at 10:50 AM by Howard Bashman



“Mazda Seatbelt Case Prompts Automaker High Court Appeal for Claims Shield”: Angela Greiling Keane and Greg Stohr of Bloomberg News have a report that begins, “The automobile industry, in a case involving Mazda Motor Corp., is seeking the U.S. Supreme Court’s help in limiting lawsuits that accuse carmakers of failing to install the best safety equipment.”

Posted at 9:50 AM by Howard Bashman



“A grilling over Skilling: Questions abound as three judges weigh the fate of Enron CEO’s case.” This article appears today in The Houston Chronicle.

You can access the audio of yesterday’s Fifth Circuit oral argument via this link (53.7MB Windows Media audio file).

Posted at 9:47 AM by Howard Bashman



“Video game violence case goes to Supreme Court; The Supreme Court will rule on California’s ban on the sale of violent video games to minors; The state says the games are a bad influence on young people, but the industry cites free-speech rights”: David G. Savage and Alex Pham have this article today in The Los Angeles Times. Today’s newspaper also contains an article headlined “Video game industry’s public enemy No. 1: Jim Steyer, founder of Common Sense Media, lobbies zealously on behalf of a California law that bans the sale of violent games to minors.” And yesterday’s newspaper contained an editorial entitled “Good intentions, bad law: A California law making it illegal to sell or rent ‘violent’ video games to minors should be struck down on 1st Amendment grounds.”

In today’s edition of The San Francisco Chronicle, Bob Egelko reports that “US Supreme Court takes up violent video game ban.” The newspaper also contains an editorial entitled “High court should allow video game law.”

Howard Mintz of The San Jose Mercury News reported yesterday that “U.S. Supreme Court to hear challenge to California violent video game law.”

Jesse J. Holland of The Associated Press reports that “Court hears arguments on violent video games.”

Declan McCullagh of CNET News reports that “Supreme Court to weigh violent video game law.”

And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Calif. Pushes To Uphold Ban On Violent Video Games” featuring Nina Totenberg.

Posted at 8:20 AM by Howard Bashman



Monday, November 1, 2010

“Supreme Court to decide schoolchildren’s rights; A student questioned on campus argues that police should have given him a Miranda warning”: David G. Savage will have this article Tuesday in The Los Angeles Times.

In Tuesday’s edition of The New York Times, Adam Liptak will have an article headlined “Court to Weigh Legal Aid in Contempt Cases.”

And Warren Richey of The Christian Science Monitor has articles headlined “Advocacy groups won’t get Supreme Court’s ear on campaign finance; US Supreme Court declined Monday to examine whether nonprofit political advocacy groups can enjoy less stringent campaign finance rules that corporations and labor unions now do” and “Supreme Court declines to hear wrongly accused man’s Patriot Act challenge; A Muslim American who was wrongly accused of involvement in a terror attack challenged a Patriot Act change to FISA as violating the Fourth Amendment; A federal judge agreed.”

Posted at 8:30 PM by Howard Bashman



“In Wis., Feingold feels impact of court ruling”: Robert Barnes of The Washington Post has an article that begins, “Sometimes, it takes years to see the impact of a Supreme Court decision on American life, and sometimes a ruling lands with an explosion. The Roberts Court’s game-changing decisions on campaign finance reform have been both.”

Posted at 8:16 PM by Howard Bashman



“Appeals court extends life of gay military policy”: The Associated Press has a report that begins, “A federal appeals court on Monday indefinitely extended its freeze on a judge’s order halting enforcement of the military’s ‘don’t ask, don’t tell’ policy.”

Update: You can access today’s order of a divided three-judge Ninth Circuit panel at this link.

In other coverage, Bob Egelko of The San Francisco Chronicle has a news update headlined “‘Don’t ask’ will be the law until at least spring.”

At Politico.com, Josh Gerstein reports that “‘Don’t Ask’ policy kept in place.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Military gay policy continues.”

Posted at 6:07 PM by Howard Bashman



“Grand Theft First Amendment: Will the Supreme Court limit the sale of violent video games to children?” Emily Bazelon has this essay online at Slate.

Posted at 6:02 PM by Howard Bashman



“Don’t Defend, Don’t Appeal? When may a president decline to defend a federal law?” Edward Whelan has this article in The Weekly Standard.

Posted at 6:00 PM by Howard Bashman



“High Court to Weigh ‘Miranda’ Rights of Juveniles at School”: Mark Walsh has this post today at the “School Law” blog of Education Week.

Posted at 5:45 PM by Howard Bashman



“Law Review: Justice Breyer seeks a multidimensional approach to dissecting constitutional questions.” This article appears today in The Philadelphia Inquirer.

Posted at 5:44 PM by Howard Bashman



“Custody upheld for Vt. lesbian non-biological mom”: The Associated Press has a report that begins, “The Vermont Supreme Court says a family court was right to award custody of an 8-year-old girl to her non-biological mother in a lesbian custody case.”

Posted at 3:50 PM by Howard Bashman



“Immigration-law fight far from over as Appeals Court considers injunction”: Today’s edition of The Arizona Republic contains an article that begins, “With battle lines over immigration drawn and the nation watching, attorneys for Arizona and the U.S. Department of Justice will debate Monday lifting a preliminary injunction against portions of the state’s controversial immigration law, known as Senate Bill 1070.”

Howard Fischer of The Arizona Daily Star reports today that “Three US judges being asked today to let state enforce immigration law; Arizona to make case for SB 1070.”

Jerry Markon of The Washington Post reports that “Arizona’s immigration law goes before U.S. appeals court.”

The Contra Costa Times reported yesterday that “Arizona immigration law gets its day in San Francisco court.”

And ABCNews.com reports that “Showdown Over Arizona Immigration Law Reaches Federal Appeals Court; Lawyers for Arizona Gov. Jan Brewer, Justice Department Make Oral Arguments Before Three-Judge Panel.”

C-SPAN plans to broadcast live at noon eastern time today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Posted at 10:16 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 today granted review in five cases and called for the views of the Solicitor General in two cases.

Justice Samuel A. Alito, Jr. issued a dissent from the denial of certiorari in Wong v. Smith, No. 09-1031. The Chief Justice and Justice Antonin Scalia joined in Justice Alito’s dissent.

In early news coverage, The Associated Press reports that “Court to decide university patent case“; “High court rejects campaign finance appeal“; “High court turns down Patriot Act challenger“; and “Court won’t hear Nintendo patent case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Youth Miranda rights at issue.”

Posted at 10:02 AM by Howard Bashman



“Skilling puts legal theory to test; ‘Honest services’ doctrine is focus of former Enron CEO’s appeal today”: This article appears today in The Houston Chronicle.

Posted at 9:56 AM by Howard Bashman