How Appealing



Monday, January 10, 2011

“Justices Take Up Zicam Case, Questioning Maker on Disclosures to Investors”: Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court debates what complaints companies must disclose to stockholders.”

The Arizona Republic has a news update headlined “Matrixx contests credibility of product complaints.”

Greg Stohr of Bloomberg News reports that “Drugs, Satan Debated as Justices Mull Investor Suits.”

And Reuters reports that “Top court hears case on drugmaker disclosures.”

Posted at 10:02 PM by Howard Bashman



“Does Dissent in Body-Armor Case Bode Ill For Health-Care Law?” Jess Bravin has this post at WSJ.com’s “Law Blog.”

Posted at 5:54 PM by Howard Bashman



“Loughner prosecutor has famous legal, political roots”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 5:44 PM by Howard Bashman



The next time the federal government offers you a money-back guarantee in exchange for paying a fee for expedited governmental service, you may wish to remember this Federal Circuit ruling issued today: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling today.

According to the dissenting opinion, “My colleagues on this panel offer an elaborate analysis of regulatory and contractual abstraction, but no authority ratifies the procedure of a government offer of a fee-based service, where the fee is paid and accepted, the service is refused, and refund is denied despite the explicit promise of a refund in the offer.”

Posted at 5:38 PM 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. Following last Friday’s grants of review in seven cases, the Court today did not grant review in any new cases.

The Court today issued a per curiam opinion in Madison County v. Oneida Indian Nation of N.Y., No. 10-72.

And Justice Clarence Thomas issued a dissent from the denial of certiorari in Alderman v. United States, No. 09-1555. Justice Antonin Scalia joined in the dissent except as to a footnote.

In early news coverage, The Associated Press reports that “High court lets divided jury convictions stand“; “Court refuses to overturn bulletproof vest law“; “High court dismisses Oneida foreclosure case“; “High court turns away appeal from ‘birther’ leader“; “Court will not overturn $5 million slander award“; and “Court rejects case of US baby sent to Mexico.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Dissent on Commerce power: Two Justices file an important dissent on the scope of Congress’s power under the Constitution’s Commerce Clause — an issue that is newly energized in the national debate over the new health reform law.”

Posted at 9:59 AM by Howard Bashman



“Member of local legal family in line for high-profile appointment”: Today in The News Journal of Wilmington, Delaware, columnist Harry Themal has an essay that begins, “Delawareans know the name Seitz because Collins J. was one of Delaware’s greatest judges and his son, C.J. Jr., is a highly regarded attorney who is one of three candidates for a U.S. District Court judgeship. There’s another Seitz on that distinguished legal list, Virginia A. Seitz, whom President Obama is expected to nominate to the Office of Legal Counsel in the Justice Department.”

Posted at 7:58 AM by Howard Bashman



Sunday, January 9, 2011

“Judge Who Did Not Shy From Controversy”: In Monday’s edition of The New York Times, John Schwartz will have an article that begins, “John M. Roll, the chief federal judge in Arizona, who died from gunshot wounds in Saturday’s attack on Representative Gabrielle Giffords, never shied away from controversial decisions.”

Tomorrow’s newspaper will also contain an article headlined “A Single, Terrifying Moment: Shots Fired, a Scuffle and Some Luck.”

Posted at 10:42 PM by Howard Bashman



“Supreme Court to hear Zicam case; Matrixx fights efforts to force expanded disclosures to investors on drug effects”: This article will appear Monday in The Arizona Republic.

Posted at 10:35 PM by Howard Bashman



“Louisville strip bars say no-nudity law could shut them down”: The Louisville Courier-Journal today contains an article that begins, “Operators of adult businesses in Louisville are pinning their last hope on an appeal to the U.S. Supreme Court in a seven-year battle with the city over a no-nudity ordinance they say would effectively shut them down.”

Posted at 10:34 PM by Howard Bashman



“Prop. 8 legal battle has implications for all ballot measures”: Greg Moran will have this article in Monday’s edition of The San Diego Union-Tribune.

Posted at 10:30 PM by Howard Bashman



“Johnson opposes White House judge nominations”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “Newly elected GOP Sen. Ron Johnson said Friday he should have been consulted before the White House resubmitted the nominations of Louis Butler and Victoria Nourse for federal judgeships and is at this time opposed to their confirmation.”

Posted at 10:28 PM by Howard Bashman



“Supreme Court takes dim view of suing prosecutors; The high court often rules that prosecutors, like judges and grand jurors, are part of the judicial process and must be protected from harassment that could deflect them from doing their duty”: David G. Savage will have this article Monday in The Los Angeles Times.

Posted at 10:24 PM by Howard Bashman



“Under the U.S. Supreme Court: ‘Don’t ask, don’t tell’ just keeps rolling along.” Michael Kirkland of UPI has this report.

Posted at 10:15 PM by Howard Bashman



“Supreme Court Alters Schedule for Monday Moment of Silence”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Court to join in tribute; The Court will begin its public session Monday early in order for the first argument to be concluded by 11 a.m. so that the Court can join in the national moment of silence for the victims of the Arizona shootings.”

And Monday’s edition of The Wall Street Journal will contain an article headlined “Family, Colleagues Grieve for Judge.”

Posted at 10:08 PM by Howard Bashman



“Slain Judge Roll Rose From Bailiff to Chief of Federal Bench in Arizona”: Bloomberg News has this report.

At his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Judge’s final actions key to federal charge for his murder.”

CBS News has a report headlined “Shooting Victims in Wrong Place at Wrong Time; A Janitor, A Judge, and An Aide Were Victims in Saturday’s Shooting in Tucson, Ariz, Targeting Rep. Gabrielle Giffords.”

And Monday’s edition of The Wall Street Journal will contain an article headlined “Sorrow Racks Tucson After Killings.”

Posted at 8:30 PM by Howard Bashman



“5 federal charges filed against Loughner in Giffords shootings”: The Arizona Daily Star has this news update.

The Arizona Republic has a news update headlined “Murder charges filed against suspect in Arizona shooting of Congresswoman Gabrielle Giffords.” The newspaper has posted a copy of the federal criminal complaint and associated statement of probable cause at this link.

The New York Times has a news update headlined “U.S. Cites Evidence of Assassination Plot.” The newspaper has also posted a media advisory from the Arizona U.S. Attorney’s Office titled “Federal Complaint Filed Against Jared Lee Loughner.”

In related coverage, The Philadelphia Inquirer has a news update headlined “Dallas Green’s granddaughter killed in Arizona.”

Mike Lupica of The New York Daily News has an update headlined “Christina Taylor Green’s grandfather, ex-Mets & Yankees manager Dallas Green, devastated by death.”

And The Arizona Daily Star today contains an obituary for Christina-Taylor Green headlined “Born, died between 2 tragedies; With a birthday on 9/11, she was patriotic, interested in politics.”

Posted at 4:57 PM by Howard Bashman



“Judge Roll, girl, 3 retirees, aide slain in attack on congresswoman”: This article appears today in The Arizona Daily Star.

Today’s edition of The Arizona Republic contains an article headlined “Judge John Roll respected among peers; Roll lauded as a law scholar with strong standards.”

And Carol J. Williams of The Los Angeles Times has an article headlined “Federal judge, a bystander, among the dead; U.S. District Judge John Roll had stopped by to say hello to Rep. Gabrielle Giffords, a friend; Then a gunman opened fire. Roll had received death threats in the past over disputes involving illegal immigration.”

Posted at 10:16 AM by Howard Bashman



Saturday, January 8, 2011

“Amid Shock, Recalling Judge’s Life of Service”: John Schwartz will have this article Sunday in The New York Times.

Jerry Markon of The Washington Post has a news update headlined “Slain judge was target of threats in ’09; officials doubt link to Giffords shooting.”

The Wall Street Journal has news updates headlined “Judge Remembered as Fair-Minded” and “Judge Killed in Tucson Attended Event to Thank Giffords.”

CBS affiliate KPHO of Phoenix reports that “Ninth Circuit Mourns Death Of Ariz. District Judge.”

And The Associated Press reports that “Arizona’s chief fed judge among shooting victims.”

Posted at 10:24 PM by Howard Bashman



“U.S. District Judge John Roll faced death threats in 2009”: The Arizona Republic has this news update.

Jerry Markon of The Washington Post has a blog entry titled “Slain federal judge John Roll was at the center of Arizona’s immigration debate.”

The Associated Press has a report headlined “Roberts: Judiciary has suffered a terrible loss.” You can access the statement of the Chief Justice at this link.

Politico.com has reports headlined “Judge killed presided over controversial immigration case” and “Holder vows to act on judge’s death.”

The Detroit News has an update headlined “Chief U.S. judge in Detroit praises Judge Roll, killed at Ariz. event.”

And TPMMuckraker has a report headlined “Marshals: We’re Taking ‘Appropriate Actions’ Following Murder Of Federal Judge John Roll.”

Posted at 7:30 PM by Howard Bashman



“Rep. Giffords, 6 others shot at Tucson event; Federal judge, child among victims”: The Arizona Daily Star has this news update.

The Arizona Republic has a news update headlined “Arizona Congresswoman Giffords shot; doctors ‘optimistic’ about recovery chances; 6 killed, 18 wounded.”

The Washington Post has a news update headlined “Hospital: Ariz. Rep. Gabrielle Giffords expected to recover after Tucson shooting that killed six including a 9-year-old and a federal judge.”

The New York Times has a news update headlined “Congresswoman Giffords Shot in Tucson.”

And The Associated Press reports that “Federal judge among victims in Arizona shooting.”

The federal judge identified as among the casualties is Chief Judge John M. Roll of the U.S. District Court for the District of Arizona.

Posted at 4:45 PM by Howard Bashman



Friday, January 7, 2011

“Iowa Dems will shut down House to stop judicial impeachment”: The Sioux City Journal has a news update that begins, “Democrats will use ‘any means possible’ to shut down the Iowa House if an attempt is made to impeach Supreme Court Justices.”

Posted at 8:56 PM by Howard Bashman



“Anchors Aweigh: If conservatives want to deny ‘anchor babies’ U.S. citizenship, they’ll have to change the Constitution.” Emily Bazelon has this jurisprudence essay online at Slate.

Posted at 8:42 PM by Howard Bashman