How Appealing



Thursday, March 31, 2011

“GOP Renews Criticism of Trial Lawyer Judicial Nominee”: At “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “In what’s become a proxy for debate over mass torts, U.S. senators are clashing again over the nomination of Motley Rice partner John McConnell Jr. for a seat on the federal bench.”

Posted at 5:40 PM by Howard Bashman



“En banc denied on health care; Eleventh Circuit refuses en banc review of the sweeping challenge to the new federal health care law by a group of states”: Lyle Denniston has this post at “SCOTUSblog.”

Posted at 5:04 PM by Howard Bashman



“Velarde says he got drugs from Bonds’ trainer”: Lance Williams has this article today in The San Francisco Chronicle.

In today’s edition of The San Jose Mercury News, Howard Mintz reports that “Prosecutors drawing close to finishing perjury case against Barry Bonds.”

The New York Times reports that “Velarde Says He Received Drugs and Injections From Bonds’s Trainer.”

And The Associated Press reports that “Feds down to last 3 witnesses in Bonds case.”

Posted at 11:33 AM by Howard Bashman



“Slidell woman’s generic drug case is argued before U.S. Supreme Court”: This article appears today in The Times-Picayune of New Orleans.

Today’s edition of The Minneapolis Star Tribune contains an article headlined “Generic drug labels at core of wrenching case; An Owatonna woman who developed a neurological disease has her claim against drugmakers argued at the U.S. Supreme Court.”

And Adam Liptak of The New York Times reports that “Justices Hear Arguments in Generic-Drug Lawsuit.”

Posted at 11:30 AM by Howard Bashman



“Juror’s Facebook postings an issue in appeal”: In today’s edition of the San Francisco Chronicle, Bob Egelko has an article that begins, “A Sacramento juror whose Facebook postings were demanded by defense lawyers after he posted a mid-trial message saying he was bored has been given at least a temporary shield by the state Supreme Court, which told a lower court to decide whether disclosure would violate the juror’s privacy.”

And The Sacramento Bee reports today that “California Supreme Court backs consideration of juror’s privacy.”

Posted at 11:24 AM by Howard Bashman



Wednesday, March 30, 2011

“Today we examine a question of first impression in the Ninth Circuit: whether the search of a laptop computer that begins at the border and ends two days later in a Government forensic computer laboratory almost 170 miles away can still fall within the border search doctrine.” So begins the opinion that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. The majority holds that the border search doctrine applies.

Posted at 2:50 PM by Howard Bashman



“Pa. and Barnes must explain why relocation case should not be reopened”: Today’s edition of The Philadelphia Inquirer contains an article that begins, “Litigation lives on over whether the Barnes Foundation should be allowed to move its priceless collection of art from Merion to Philadelphia.”

And The Main Line (Pa.) Times reports that “Judge sets briefing schedule in new Barnes-move challenge.”

Posted at 10:12 AM by Howard Bashman



“Slidell woman’s case hits high court; Patient seeks right to sue over medication warnings”: This article appeared yesterday in The Times-Picayune of New Orleans.

Posted at 8:52 AM by Howard Bashman



“Roberts, Alito leave imprint on rulings; Each is conservative mainstay”: Ben Conery has this article today in The Washington Times.

Posted at 8:46 AM by Howard Bashman



“Wal-Mart women’s class action before Supreme Court”: Bob Egelko has this article today in The San Francisco Chronicle.

And The Christian Science Monitor has articles headlined “Supreme Court wrestles with sheer size of suit against Wal-Mart; Supreme Court justices ask: How can you determine damages for each woman in the class-action suit against Wal-Mart? Some 1.5 million women are suing Wal-Mart on sex-discrimination claims” and “Wal-Mart case highlights status of women in US workplace; The Supreme Court is considering a class-action lawsuit from more than one million women claiming sex discrimination; Here is a snapshot of how women are faring in the workplace.”

Posted at 8:30 AM by Howard Bashman



“Giambi: I got steroids from Barry Bonds’ trainer.” Lance Williams has this article today in The San Francisco Chronicle.

In today’s edition of The San Jose Mercury News, Howard Mintz has an article headlined “Bonds trial: Giambi brothers say Anderson supplied them with ‘the cream’ and ‘the clear.’

The New York Times reports that “Players Detail Dealings With Bonds’s Trainer.”

And The Christian Science Monitor has an article headlined “Barry Bonds trial: A strong case for steroid use, but the charge is perjury; Baseball’s Giambi brothers, admitted steroid users, testify at the Barry Bonds perjury trial in a San Francisco federal court that they knew what Bonds’s trainer was giving them.”

Posted at 8:25 AM by Howard Bashman



“Register reporter called to jury duty for Joshua Komisarjevsky Cheshire triple murder trial”: The New Haven Register contains this article today.

Posted at 8:20 AM by Howard Bashman



“U.S. Supreme Court rejects $14 million judgment against New Orleans district attorney’s office”: This article appears today in The Times-Picayune of New Orleans.

In today’s edition of The New York Times, Adam Liptak reports that “$14 Million Jury Award to Ex-Inmate Is Dismissed.”

Robert Barnes of The Washington Post reports that “Supreme Court rules against exonerated death row inmate who sued prosecutors.”

David G. Savage of The Los Angeles Times reports that “Supreme Court rejects damages for innocent man who spent 14 years on death row; In a 5-4 ruling, justices overturn a jury verdict awarding $14 million to John Thompson, who had sued then-New Orleans Dist. Atty. Harry Connick Sr. because prosecutors hid a blood test that would have proved his innocence in a murder case.”

USA Today reports that “Exonerated inmate won’t get $14M.”

And Bill Mears of CNN.com reports that “High court says exonerated inmate cannot sue prosecutors.”

Posted at 8:15 AM by Howard Bashman



“U.S. Supreme Court Hears Arguments On Federal Witness Law in Local Shooting Case; Though the expectation is that it will set broader precedent, the court could issue a narrower opinion specific to this case, avoiding setting a new standard for the statute”: This article appears today in The Lakeland (Fla.) Ledger.

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Fowler v. United States, No. 10-5443.

Posted at 7:50 AM by Howard Bashman



Tuesday, March 29, 2011

“Justice Antonin Scalia ticketed for GW Parkway fender-bender; will he take it to court?” The Washington Post’s “The Reliable Source” column has this report.

Posted at 10:37 PM by Howard Bashman



“Court: Eagle feathers only for American Indians.” The Associated Press has this report on a lengthy ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.

The opinion begins, “This case requires us to navigate the treacherous terrain at the intersection of the federal government’s obligations, on the one hand, to refrain from imposing burdens on the individual’s practice of religion, and, on the other, to protect key aspects of our natural heritage and preserve the culture of Native American tribes.”

Posted at 5:54 PM by Howard Bashman



“Federal Judge Is Remembered for Vigorous Dissent in Mountaintop Case”: Lawrence Hurley of Greenwire has a report (via The New York Times) that begins, “A federal appeals court judge who died last week played a major role in several major environmental cases.”

Posted at 5:18 PM by Howard Bashman



“Justices Take Up Key Issue in Wal-Mart Bias Suit”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Justices question next step for massive Wal-Mart discrimination suit.”

James Oliphant of The Los Angeles Times has a news update headlined “Supreme Court hears arguments in Wal-Mart sex discrimination case; The class-action suit contends Wal-Mart discriminated against women working for the company in terms of pay and promotion; The issue before the Supreme Court involves whether the women’s claims are too diverse for a single action.”

Jess Bravin and Ann Zimmerman of The Wall Street Journal have a news update headlined “Justices Challenge Gender Suit Against Wal-Mart.”

Greg Stohr and William McQuillen of Bloomberg News report that “Wal-Mart Worker Class-Action Case Questioned by High Court.”

James Vicini of Reuters reports that “Wal-Mart opposes big sex-bias case at US top court.”

Bill Mears of CNN.com reports that “High court debates Wal-Mart discrimination claims.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “A fatal flaw detected? The massive class-action lawsuit against discount retailer Wal-Mart lost momentum, and perhaps more than that, in the oral argument before the Court on claims of widespread sex bias against its female workers.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Wal-Mart Stores, Inc. v. Dukes, No. 10-277.

Posted at 2:04 PM by Howard Bashman



“In this order we address whether counsel * * * should be sanctioned for the extensive use of improper confidentiality markings in the briefs * * * contrary to Rule 28(d) of the Federal Circuit Rules.” Watch out Seventh Circuit, the Federal Circuit seems eager to vie for the distinction of federal appellate court that’s most likely to threaten or actually impose sanctions for rule violations.

Today, the Federal Circuit imposed a $1,000 sanction on an attorney who, in that court’s view, designated as confidential too much of the substance of an appellate brief. You can access today’s ruling in the matter ominously captioned In re Violation of Rule 28(d) at this link.

Posted at 12:15 PM by Howard Bashman



“Thoughts on the Future Viability of Public Financing Plans After McComish“: Rick Hasen has this post today at his “Election Law Blog.”

Posted at 11:58 AM by Howard Bashman



D.C. Circuit reverses the grant of habeas corpus in favor of Guantanamo detainee Uthman Abdul Rahim Mohammed Uthman: You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. Circuit Judge Brett M. Kavanaugh wrote the opinion.

In April 2010, “The BLT: The Blog of Legal Times” reported on the district court’s ruling in a post titled “Federal Judge Grants Habeas Writ Due to Torture Issues.”

And the “Lawfare” blog has reported on the case in posts titled “Uthman Oral Argument Summary“; “Uthman Oral Argument Preview“; “Public Merits Briefing Complete in Uthman v. Obama“; “Dafna Linzer on Secret Opinion in Uthman Abdul Rahim Mohammed Uthman Case.”

Posted at 11:50 AM by Howard Bashman