Poetic justice: Justice J. Michael Eakin of the Supreme Court of Pennsylvania, who on occasion will issue a rhyming opinion in the nature of poetry, did so again yesterday, via an opinion announcing the judgment of the court reversing an insurance fraud conviction.
A three-page dissenting opinion, in which two justices have joined, is somewhat less poetic, although it does have the virtue of brevity.
Update: At WSJ.com’s “Law Blog,” Joe Palazzolo has a post titled “Another Rhyming Opinion from Justice Eakin.”
At the ABA Journal’s “Law News Now” blog, Debra Cassens Weiss has a post titled “Pennsylvania Justice Issues Another Rhyming Opinion.”
And The Associated Press reports that “Pa.’s rhyming justice pens insurance fraud opinion.”
“Utah Supreme Court rules unborn children qualify as minors”: Today’s edition of The Deseret News contains an article that begins, “The state’s high court has determined that an unborn child qualifies as a minor child and, therefore, wrongful death lawsuits may be filed on behalf of those who die before birth. The decision stemmed from a case of a Utah County couple who filed a lawsuit after their child was stillborn in 2006. While the Utah Supreme Court justices did not issue a single majority opinion in the case, four of the five justices, through differing logic, came to the same conclusion.”
And The Salt Lake Tribune reports today that “Utah high court OKs wrongful death suits over fetuses; Couple sued government-subsidized clinic in Provo over delivery of stillborn boy in 2006.”
You can access yesterday’s ruling of the Supreme Court of Utah at this link.
“Supreme Court Short List: Who Will Be America’s Next Top Conservative Justice?” Mike Sacks of The Huffington Post has this report.
“Challenge to NY campaign finance laws fails: US appeals court.” Reuters has a report that begins, “A U.S. appeals court on Wednesday tossed out a challenge to New York City anti-corruption campaign finance laws, finding the so-called ‘pay to play’ rules do not violate free speech rights.”
You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Texas pushes its election map”: Lyle Denniston has this post at “SCOTUSblog.” The post currently includes a “Note to Readers” that begins, “All briefs have now been filed in the Texas redistricting cases.”
“Advertising Sex for World Series Tickets Is Not Attempted Prostitution”: Eugene Volokh has this post at “The Volokh Conspiracy.” Eugene helpfully links to this online copy of yesterday’s unpublished memorandum opinion of the Superior Court of Pennsylvania.
Yesterday, I had this post collecting news coverage of the ruling.
Perhaps now that this perplexing legal uncertainty has been cleared-up, the Philadelphia Phillies will see fit to return to the World Series in 2012.
“Court affirms $295 million De Beers settlement”: Terry Baynes of Reuters has this report.
“Newt and His Surprising Liberal Allies: He’s not the only one who thinks there is a huge problem with giving the Supreme Court final say on the Constitution.” Law professor Eric Posner has this jurisprudence essay online at Slate.
“Judges question Belle Meade Country Club membership after colleague’s reprimand”: This article appears today in The Tennessean.
“Gingrich Leads Revolt Against Judges”: Greg Stohr of Bloomberg News has this report.
“Full appeals court to review whether Chafee can refuse to turn over accused killer in possible death-penalty case”: The Providende (R.I.) Journal has a news update that begins, “The full 1st U.S. Circuit Court of Appeals will consider whether Governor Chafee has the right to refuse to surrender an accused murderer to federal authorities.”
You can access here the successful petition for rehearing en banc that the federal government filed in the case.
I have posted today’s order granting rehearing en banc at this link. Finally, you can access here my earlier coverage of the original three-judge panel’s ruling.
In the news: In today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, Gina Passarella has an article headlined “3rd Circuit Revives $295 Million Antitrust Settlement With De Beers” in which I am quoted. My earlier coverage of yesterday’s 171-page en banc Third Circuit ruling appears at this link.
And today’s edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article headlined “Health trust appeal decision to come soon; Judge says he will rule on matter before his time on the bench ends Dec. 30” in which I am mentioned.
“Group files formal request for Gableman ethics investigation”: Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, “A watchdog group filed a formal request Tuesday with the state Judicial Commission to investigate state Supreme Court Justice Michael Gableman’s receipt of free legal services.”
“A Matter of Trusts: What a lonely dissent in a trusts case tells us about Sonia Sotomayor.” John Paul Rollert has this jurisprudence essay online at Slate.
“Court’s file-sharing ruling favors Veoh Networks”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A federal appeals court ruled in favor of online file-sharing sites Tuesday in a battle with the music industry, saying a website owner that tries to keep users from posting copyrighted videos can’t be sued for infringement by the publishing company that owns the copyrights.”
The Associated Press reports that “Appeals court upholds ruling in favor of Veoh.”
Terry Baynes of Reuters reports that “UMG loses appeal against video-sharing site.”
And The Hollywood Reporter has a blog post titled “Ninth Circuit Court of Appeals Makes Landmark Ruling In Copyright Case; In an important victory to website owners, appellate circuit affirms that UGC site is eligible for statutory safe harbor from copyright liability.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Received in today’s mail: The Justice Harry A. Blackmun bobblehead doll, created by The Green Bag.
And in somewhat related news, yesterday at :”The BLT: The Blog of Legal Times,” Tony Mauro had a post titled “Roberts, Kagan Among Winners of Legal Writing Awards.”
“Court overturns sex for Phillies tickets case”: The Philadelphia Inquirer has a news update that begins, “The Superior Court of Pennsylvania on Tuesday reversed the attempted prostitution conviction of a woman who was famously tried for trying to trade sex for Phillies World Series tickets.”
The Bucks County Courier Times has a news update headlined “Court overturns woman’s sex-for-Phillies-tickets conviction.”
And The Associated Press reports that “Pa. court tosses sex-for-tickets conviction.”
I will post a link to today’s ruling of the Superior Court of Pennsylvania once that court places the ruling online.
Update: The Superior Court’s electronic docket sheet for this appeal reveals that the decision reversing the conviction is an unpublished memorandum opinion, which means that the Superior Court won’t itself be posting the decision online.
By a vote of 7-2, en banc U.S. Court of Appeals for the Third Circuit has affirmed class certification of De Beers diamond nationwide antitrust settlement, notwithstanding that the laws of many states preclude indirect purchaser recovery: You can access today’s 171-page ruling — which consists of a majority opinion, a concurring opinion, and a lengthy and passionate dissenting opinion — at this link.
In the interest of full disclosure, I briefed and argued this case on behalf of the objector who prevailed before the original three-judge Third Circuit panel but who has not prevailed before the en banc court. Day one of the 90-day period in which to file a petition for writ of certiorari in the Supreme Court of the United States is tomorrow.
Programming note and today’s music selection: I am in Wilkes-Barre, Pennsylvania this morning in connection with a new appellate matter. Additional posts will appear here this afternoon.
In the meantime, I am pleased to present today’s music selection — the song “Little Talks” by the Icelandic group Of Monsters and Men, video via KEXP 90.3 FM Seattle.
“Gableman voted with law firm after receiving free legal services; He cast key vote in collective bargaining case”: In today’s edition of The Milwaukee Journal Sentinel, Patrick Marley has an article that begins, “State Supreme Court Justice Michael Gableman in two cases cast the deciding vote in favor of parties represented by a law firm that gave him tens of thousands of dollars of free legal services, a review of state records shows.”
“A Landlord’s Uphill Fight to Ease Rent Restrictions”: This article appears today in The New York Times.
“New cookbook: eating like a Supreme Court justice.” The Associated Press has this report.
“Health trust board to appeal ruling; Group was directed to refund Dallas and Pittston Area school districts $5.1 million”: This article, in which I am mentioned, appears today in The Times Leader of Wilkes-Barre, Pennsylvania.
“On death row for 30 years, convicted Alabama cop-killer wins another appeal; A federal appeals court ruled Monday that convicted cop-killer Billy Joe Magwood, on death row since 1981, was not properly charged under Alabama statutes to qualify for capital punishment”: Warren Richey of The Christian Science Monitor has this article.
You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
“Supreme Court to hear arguments in March on healthcare law; The justices schedule 5 1/2 hours of argument, the most for a case since the 1960s, a sign they see it as a landmark test of federal regulatory power”: David G. Savage will have this article Tuesday in The Los Angeles Times.
Adam Liptak of The New York Times has a blog post titled “Supreme Court to Hear Health Care Case in Late March.”
The Washington Times has a news update headlined “Supreme Court to hear health care suit in March.”
The Wall Street Journal has news updates headlined “High Court to Hear Health-Care Case in March” and “Business Owner’s Bankruptcy Disclosed to Supreme Court.”
Jesse J. Holland of The Associated Press reports that “Court schedules week of health care arguments.”
Greg Stohr of Bloomberg News reports that “Health-Care Hearing Before U.S. Supreme Court Scheduled for March 26-28.”
James Vicini of Reuters reports that “Supreme Court sets Obama healthcare arguments.”
Bill Mears of CNN.com reports that “Dates set for Supreme Court health care reform arguments.”
Mike Sacks of The Huffington Post has an article headlined “Obama Health Care Law: Supreme Court Sets Dates To Hear Oral Arguments.”
And at “The BLT: The Blog of Legal Times,” Marcia Coyle has a post titled “Supreme Court to Hear Healthcare Arguments Over Three-Day Period in March.”
“Courting Disaster: Newt Gingrich’s ill-advised war on the only branch of government that people believe in.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Shelby, Thomas speak at federal courthouse dedication ceremony”: The Tuscaloosa News has an update that begins, “With a spirit harking back to the founding of this country, the Tuscaloosa Federal Building and United States Courthouse officially was unveiled today with a formal dedication ceremony that featured U.S. Supreme Court Justice Clarence Thomas and U.S. Sen. Richard Shelby.”
And al.com reports that “Supreme Court Justice Clarence Thomas speaks at Tuscaloosa federal building dedication.”
Programming note: I will be in Wilkes-Barre, Pennsylvania today and tomorrow morning in connection with a new matter. Additional posts will appear here later today.
“Affirmative-action foes urge Supreme Court to take Texas case”: Robert Barnes has this article today in The Washington Post.
“Twice in a month, a Reed Smith lawyer appeared before the U.S. Supreme Court; David J. Bird, 37, a senior associate in the national appellate practice, accomplishes a dream”: This article appears today in The Pittsburgh Post-Gazette.
“Analysis: Health care’s other mandate.” Lyle Denniston has this post today at “SCOTUSblog.”
“The Price to Play Its Way”: In yesterday’s edition of The New York Times, David Segal had this lengthy article about how needing to obtain American Bar Association accreditation significantly increases the tuition at new law schools.
“Thoughts on the Oral Arguments in United States v. Nosal“: Orin Kerr has this post today at “The Volokh Conspiracy.”
“Senators block Oklahoma City federal prosecutor from judge post; Opposition from Sens. Tom Coburn and Jim Inhofe effectively kills chances for Arvo Mikkanen, an assistant U.S. attorney in Oklahoma City, who would have been the only American Indian on the federal bench”: This article appears today in The Oklahoman.
“Gingrich Says He Would Arrest Judges With Capitol Police Or U.S. Marshals”: Sam Stein of The Huffington Post has a report that begins, “With just weeks to go before the Iowa Caucus, Newt Gingrich has turned his presidential campaign into a veritable megaphone warning about the dangers and elitism of America’s judicial system.”
The New York Times has a blog post titled “Gingrich Continues His Crusade Against Activist Judges.”
CBSNews.com has a report headlined “Gingrich: Gov’t branches should rule 2 out of 3.”
The Associated Press reports that “Gingrich, again, assails judges.”
And Reuters has an article headlined “Under fire, Gingrich targets judges.”
