How Appealing



Tuesday, July 12, 2011

“Supreme Court Picks One EPA Enforcement Case Over Another and Attorneys Ask Why”: Lawrence Hurley of Greenwire has this report (via The New York Times).

Posted at 9:04 AM by Howard Bashman



Monday, July 11, 2011

“Will SCOTUS review Alien Tort Statute after D.C. Circuit ruling?” Alison Frankel of Thomson Reuters News & Insight has this report.

Posted at 10:48 PM by Howard Bashman



“‘2 dads’ case goes to Supreme Court”: The Associated Press has a report that begins, “A gay rights organization is seeking Supreme Court review of the case of a gay couple who wanted both their names to appear on the birth certificate of the Louisiana child they adopted in New York.”

Posted at 10:44 PM by Howard Bashman



“Google Seeks Immediate Appeal of Street View Wiretap Ruling”: David Kravets has this post today at Wired.com’s “Threat Level” blog.

Posted at 8:27 PM by Howard Bashman



“Judge Deanell Tacha supports former Kansas AG Steve Six’s nomination to her position on appellate court”: This article appears today in The Lawrence Journal-World.

Posted at 8:24 PM by Howard Bashman



Two recent Supreme Court of Pennsylvania filings: On Wednesday of last week, I filed this Brief for Appellee/Cross-Appellant in Lance v. Wyeth, a case in which Pennsylvania’s highest court granted review to determine what types of negligence claims can be brought against the manufacturer of a dangerous prescription drug. Also on that date, amici curiae the American Association for Justice and the Pennsylvania Association for Justice filed this amicus brief in support of my client’s position. Wyeth’s Pa. Supreme Court Brief for Appellant can be accessed here. More information about the case can be accessed via this earlier post.

And today, I filed a Reply Brief for Appellant in a case that raises issues of separation of powers and judicial deference to the legislative branch concerning whether an organization qualifies as a “purely public charity” under Pennsylvania’s Constitution. In this earlier post, I linked to my client’s opening Brief for Appellant and the amicus briefs filed in support of my client’s position (here and here). Most likely, this case will be scheduled for oral argument in Harrisburg, Pennsylvania in late November or early December of this year.

Posted at 5:08 PM by Howard Bashman



“9th Circuit orders gov’t to state position on DADT”: The Associated Press has a report that begins, “A federal appeals court that has called for the immediate halt of the military’s ban on openly gay troops issued an order Monday requiring the U.S. government to state whether it will continue to defend the constitutionality of the policy in court.”

Update: You can access the Ninth Circuit‘s order at this link.

Posted at 4:50 PM by Howard Bashman



“Bobblehead Alert: It’s Clarence Thomas’ Turn.” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 3:30 PM by Howard Bashman



Sunday, July 10, 2011

“Two decades later, Clarence Thomas is still a (relatively) young justice; 20 years ago this month, President George H.W. Bush introduced America to Clarence Thomas”: Eleanor Clift has this essay at Salon.com.

Posted at 11:00 PM by Howard Bashman



“The death penalty and the costs of an obsession”: Columnist E.J. Dionne Jr. will have this op-ed Monday in The Washington Post.

Posted at 10:52 PM by Howard Bashman



“Supreme Court leaves New Mexico’s crime lab in a bind”: Today’s edition of The Daily Times of Farmington, New Mexico contains an article that begins, “A recent U.S. Supreme Court decision on a case that originated in Farmington might require state officials to dip deeper into their pocketbooks.”

Posted at 10:50 PM by Howard Bashman



Saturday, July 9, 2011

“Court Rules Lockout by N.F.L. Can Go On”: This article appears today in The New York Times.

The Los Angeles Times reports today that “NFL lockout to remain in place after court decision; With training camps and exhibition games on the horizon, the U.S. 8th Circuit Court of Appeals sides with the NFL in overturning a decision to lift the lockout.”

The Washington Post contains an article headlined “NFL lockout: Federal appeals court rules again for owners, as talks continue.”

And The Minneapolis Star Tribune reports that “Appeals court says NFL lockout is valid.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 11:30 PM by Howard Bashman



Pa. Supreme Court denies review of Pa. Superior Court decision reversing the entry of summary judgment against plaintiffs, on statute of limitations grounds, in 14 consolidated hormone replacement therapy breast cancer appeals: You can access Thursday’s order of the Supreme Court of Pennsylvania denying review at this link.

The brief that I filed last December on plaintiffs’ behalf asking the Pa. Supreme Court to deny review can be accessed here.

My earlier coverage of this case, in which I represented the plaintiffs who were appealing from the entry of summary judgment against them on statute of limitations grounds, can be accessed here, here, and here.

Posted at 10:06 AM by Howard Bashman



Friday, July 8, 2011

Divided three-judge D.C. Circuit panel issues lengthy ruling in appeal captioned John Doe VIII v. Exxon Mobil Corp. involving Alien Tort Statute: You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Update: At “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Divided D.C. Circuit Splits with Second on Alien Tort Statute.”

And The Associated Press reports that “Court revives Indonesians’ claims vs. Exxon Mobil.”

Posted at 11:18 AM by Howard Bashman



“Ohio justices block schemers who want to profit from destroyed public records”: Today’s edition of The Columbus Dispatch contains an article that begins, “Motive now matters when Ohioans turn to the courts seeking damages from governmental bodies that illegally destroy public records. An Ohio Supreme Court ruling will permit judges and juries to deny damages if they find that lawsuits are motivated by a quest for cash rather than a sincere interest in obtaining records.”

And The Times-Reporter of New Philadelphia, Ohio reports today that “Ohio Supreme Court rules in favor of New Phila in records case.”

You can access yesterday’s ruling of the Supreme Court of Ohio at this link. In addition, that court’s Public Information Office issued a news release about the ruling headlined “Party Must Be ‘Aggrieved’ for Public Records Destruction Forfeiture.”

Posted at 8:22 AM by Howard Bashman



“Death Penalty Challenged In Cheshire Home Invasion Case; Komisarjevsky’s Attorneys Contend He Did Not Intend For Anyone To Die”: This article appears today in The Hartford Courant.

Posted at 8:14 AM by Howard Bashman



“Mexican Citizen Is Executed as Justices Refuse to Step In”: Adam Liptak has this article today in The New York Times.

The San Antonio Express-News reports today that “S.A. teen’s killer dies with an apology; The murder case of Mexican national Leal had drawn attention internationally.”

The Huntsville Item reports that “Texas ignores U.S. protests; Killer of San Antonio teen executed here Thursday.”

And The Christian Science Monitor reports that “Texas executes Mexican citizen despite pleas from Obama, UN; Convicted of murdering a 16-year-old girl in 1994, Mexican national Humberto Leal was executed despite White House concerns that US citizens abroad could face harsher punishments as a result.”

Posted at 8:14 AM by Howard Bashman