“Roberts Urges Obama and Senate to Fill Judicial Posts”: Adam Liptak will have this article Saturday in The New York Times.
Robert Barnes of The Washington Post has a news update headlined “Justice Roberts urges end to partisan fights blocking action on federal judges.”
David G. Savage of The Los Angeles Times has a news update headlined “Chief justice urges end to partisan stalling; In his year-end report on the federal courts, John G. Roberts Jr. calls on both parties in Congress to more swiftly approve federal judicial nominees.”
Jess Bravin of The Wall Street Journal has a news update headlined “Chief Justice Decries Brawling Over Judicial Nominees.”
Jesse J. Holland of The Associated Press reports that “Supreme Court to cut costs to fight deficit.”
Bloomberg News reports that “Chief Justice Urges End to Politics on U.S. Judicial Vacancies.”
At “SCOTUSblog,” Lyle Denniston has a post titled “Chief: End partisan feuds over judgeships.”
And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “In Year-End Report, Roberts Urges End to Judicial Confirmation Logjam.”
You can access Chief Justice John G. Roberts, Jr.’s “2010 Year-End Report on the Federal Judiciary” at this link.
“Adult drive-thru store in Alabama offers privacy”: Jay Reeves of The Associated Press has this report.
According to the article, the store “is owned by Florida businesswoman Sherri Williams, who fought the state for almost a decade over what’s considered by free-speech advocates to be one of the nation’s toughest anti-obscenity laws. Among other things, the 1998 law banned the sale of products intended for sexual stimulation.”
“Court punishes bay area lawyers who called each other ‘hack’ and ‘loser’ — and worse”: This article appears today in The St. Petersburg Times.
“San Jose judge set to become chief of Bay Area’s federal courts”: Today in The San Jose Mercury News, Howard Mintz has an article that begins, “For San Jose-based U.S. District Judge James Ware, becoming the Bay Area’s next chief federal judge means more than assuming a key leadership role in the judiciary. It is also a return to the spotlight for the first time since a public humiliation 13 years ago almost cost him his career.”
“Election arguments heard: Justices deliberate validity of results.” The Pacific Daily News of Guam contains this article today.
“Chief justice appointed to municipal court seat; Eric Brown to take Franklin County post”: Today’s edition of The Columbus Dispatch contains an article that begins, “The chief justice of the Ohio Supreme Court has a new job at the other end of the judicial hierarchy.”
“Democrats seek support to keep justices on court”: Grant Schulte has this article today in The Des Moines Register.
“The Court Case Haunting Health Care: Legal challenges to health reform will use a 1942 precedent, when the Supreme Court broadened Congress’ right to regulate interstate commerce.” Greg Stohr of Bloomberg News has an article that begins, “Before there was the Tea Party, there was Roscoe Filburn. Almost 60 years ago, Filburn took a stand against what he saw as federal meddling with his family farm in Dayton. When the Agriculture Dept. fined him for exceeding his government-imposed quota for winter wheat production, Filburn sued, taking his case all the way to the Supreme Court.”
“Appointment of Honorable Scott M. Matheson, Jr. to the Tenth Circuit Court of Appeals”: The U.S. Court of Appeals for the Tenth Circuit issued this news release today.
“Big Second Amendment Opinion from the Fourth Circuit, Related to the Ban on Gun Possession by Domestic Violence Misdemeanants”: At “The Volokh Conspiracy,” Eugene Volokh has this post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
“Abortion Takes Flight”: Linda Greenhouse has this post at the “Opinionator” blog of The New York Times.
“Constitution is focus of new GOP House rules”: This front page article appears today in The Washington Post.
“New Congress Means New Headaches for Holder”: Charlie Savage will have this article in Friday’s edition of The New York Times.
“Jets fan seek high court review of ‘Spygate’ suit”: The Associated Press has this report.
“Immigration dispute erupts in Va. courts”: In today’s edition of The Washington Post, Tom Jackman has an article that begins, “A recent U.S. Supreme Court ruling that noncitizens in criminal cases must be advised of the possible consequences of a conviction has sparked a flurry of appeals by defendants who claim that they didn’t know that conviction would lead to deportation.”
“Three Supreme Court justices to file final opinions Thursday”: The Globe Gazette of Mason City, Iowa has this news update.
And The Sioux City Journal has a blog post titled “Vander Plaats raising money to oust remaining Iowa judges.”
“Ohio Supreme Court upholds state law blocking Cleveland’s gun law”: The Cleveland Plain Dealer has this news update.
The Columbus Dispatch has a news update headlined “Ohio Supreme Court shoots down local gun control.”
Thursday’s edition of The New York Times will contain an article headlined “Ohio Court Limits Power of Localities on Gun Laws.”
And the Public Information Office of the Supreme Court of Ohio issued a news release headlined “Supreme Court Upholds as Constitutional State Law Displacing Local Gun-Control Ordinances; Legislation Does Not Violate Cities’ ‘Home Rule’ Powers.”
You can access today’s ruling of the Supreme Court of Ohio at this link.
“California Chief Justice Ronald George leaves historic legacy; George will leave the state Supreme Court on Jan. 2. He consolidated municipal and superior courts and brought them under his authority; He also wrote key decisions on abortion and same-sex marriage”: Maura Dolan will have this article Thursday in The Los Angeles Times.
“Obama announces 6 recess appointments”: The Associated Press has this report.
The official news release from The White House is headlined “President Obama Announces Recess Appointments to Key Administration Posts.”
“Chevron tries to use foe’s words against them”: Today’s edition of The San Francisco Chronicle contains an article that begins, “Locked in a bitter environmental lawsuit in Ecuador, Chevron Corp. has unleashed an arsenal of potentially potent new weapons in the case – private documents written by the other side’s lawyers.”
Last Thursday’s edition of The Philadelphia Inquirer contained a front page article headlined “Venerable Center City law firm embroiled in Chevron fraud case.”
Two Saturdays ago, The Wall Street Journal reported that “Chevron Forces Legal Change; Recent Moves in Ecuador Oil-Pollution Suit Have Plaintiffs Revamping Approach.”
And at his “Full Disclosure” blog at Forbes,com, Daniel Fisher has recent posts titled “Note To Litigators: Don’t Film Your Strategy Sessions” and “Chevron Ecuador Case A Shambles, Former Backer Says.”
The Seventh Circuit grants permission for defendants to pursue an interlocutory appeal challenging whether a complaint alleging that defendants conspired to fix prices of text messaging services satisfies the pleading standards of Bell Atlantic Corp. v. Twombly: And that’s about the extent of the good news for defendants in today’s ruling of the U.S. Court of Appeals for the Seventh Circuit, as Circuit Judge Richard A. Posner (writing on behalf of a unanimous three-judge panel) agrees with the district court that “the second amended complaint provides a sufficiently plausible case of price fixing to warrant allowing the plaintiffs to proceed to discovery.”
Today’s Third Circuit victory: The U.S. Court of Appeals for the Third Circuit today issued this judgment order affirming the ruling of the District Court of the U.S. Virgin Islands in a case in which I represent the appellee. You can access at this link the brief for appellee that I filed in the case.
Affirmance appeared likely when the three-judge panel assigned to decide the case did not select the case for oral argument, which explains why I was not in St. Croix two weeks ago.
And now for some Virgin Islands federal judicial trivia. The District Court of the Virgin Islands is a federal court, but it is not an Article III court. Rather, the Virgin Islands District Court is an Article IV territorial court. This may explain why it is incorrect to refer to the Virgin Islands District Court as a “U.S. District Court.” By contrast, since 1966, Puerto Rico has been home to an Article III U.S. District Court whose judges enjoy life tenure.
“Jury’s still out on justice in 2010: The last 12 months turned into a year of anxious waiting on landmark decisions in the U.S. justice system.” CBS Radio legal analyst Andrew Cohen has this op-ed today in The Los Angeles Times.
“Bluffton ruling puts liability on schools; University’s insurance must cover fatal bus crash in 2007, Ohio justices say in 5-2 decision”: The Columbus Dispatch contains this article today.
And The Toledo Blade reports today that “Ohio Supreme Court opens way for more payouts in Bluffton bus crash.”
My earlier coverage of yesterday’s Ohio Supreme Court ruling appears at this link.
“Askins, two judges advance in Oklahoma Supreme Court selection process; Oklahoma Gov. Brad Henry will review the three nominees from the Oklahoma Judicial Nominating Commission; If he is to make his sixth appointment to the high court, he must act before noon Jan. 10”: This article appears today in The Oklahoman.
And The Tulsa World reports today that “Jari Askins among 3 sent to Gov. Henry for Oklahoma Supreme Court slot.”
“High court halts planned sale of 11 buildings”: Bob Egelko has this article today in The San Francisco Chronicle.
And The Los Angeles Times reports today that “Foes of California government buildings’ sale win court victory; The state Supreme Court declines to hear an appeal from Gov. Schwarzenegger to approve the deal; The decision ensures that final approval must come from Gov.-elect Jerry Brown after he takes office in January.”
“Young aims to be state’s next chief justice; Conservative jurist says he has the votes to nab top spot, promises less court infighting”: The Detroit News contains this article today.
“Court revives low-tar cigarette case; Minnesota judges rule in favor of consumers who believed ads that pitched Marlboro Lights as healthier than other cigarettes”: This article appears today in The Minneapolis Star Tribune.
And The St. Paul Pioneer Press reports today that “Minnesota court revives suit against Philip Morris; Judges rule low-tar cigarette case can go forward as class action.”
You can access yesterday’s ruling of the Minnesota Court of Appeals at this link.
“Companies lining up behind i4i in Supreme Court case against Microsoft”: The Seattle Times provides this report.
“Former Justices O’Connor & Souter on Cameras in the Court”: C-SPAN has posted this video clip online at YouTube.
“Terrain Shifts in Challenges to the Health Care Law”: This article will appear Wednesday in The New York Times.
“In this case, the plaintiff’s attorneys * * * filed a sixty-three page errata sheet containing 868 attempted changes to their client’s deposition testimony”: Today. the majority on a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit upholds a federal district court’s imposition of sanctions against the attorneys who created that errata sheet. Circuit Judge Ed Carnes wrote the majority opinion.
A senior U.S. District Judge, sitting by designation, joined in all of Judge Carnes’s opinion except for Section III.C. (pages 49 to 62 of the PDF document), in which Judge Carnes addresses (and, some might say, dismantles) the theory on which the dissenting opinion of Circuit Judge Gerald Bard Tjoflat is based.
“D.C. Circuit Warns Defendants: Mind Your Language.” Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”
You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
“The key to settling a big fight: The Court can take some — perhaps a good deal — of the credit for the settlement of an interstate fight that had been unfolding on its docket for two and a half years.” Lyle Denniston has this post at “SCOTUSblog.”
Circuit Judge Diane P. Wood issues lengthy dissent from a three-judge Seventh Circuit panel’s refusal to recognize the University of Wisconsin’s waivers of sovereign immunity by litigation conduct: You can access both today’s majority opinion and Judge Wood’s dissent by clicking here.
