How Appealing



Thursday, January 5, 2012

Jill Pryor to join Bill Pryor on the Eleventh Circuit? In today’s edition of The Fulton County Daily Report, Alyson M. Palmer has an article headlined “ABA vets Pryor for seat on 11th Circuit; Bondurant partner seems to be White House’s latest pick for long-vacant seat.”

The prior Judge Pryor is the subject of a short article written by Mary Orndorff posted online today at The Birmingham News headlined “Dispute over presidential appointments recalls Bill Pryor’s case.”

But why stop at two judge Pryors? If the current President or his successor were to appoint Chief U.S. District Judge Julie E. Carnes of the Northern District of Georgia to the Eleventh Circuit, that court could then also have two Judge Carnes-es (hyphen optional).

Posted at 2:14 PM by Howard Bashman



“State Supreme Court returns juvenile court to county control”: The Citizens’ Voice of Wilkes-Barre, Pennsylvania has a news update that begins, “The judge appointed by the state Supreme Court to review the workings of Luzerne County’s juvenile court system in the wake of the kids-for-cash scandal has finished his work and complete control of system has been returned to the county court, the Supreme Court announced in an order issued today.”

You can access today’s order of the Supreme Court of Pennsylvania at this link.

Posted at 2:01 PM by Howard Bashman



“High court: State isn’t fully funding education.” The Seattle Times has a news update that begins, “In a highly anticipated court ruling released Thursday morning, the Washington State Supreme Court agreed the state is failing to meet its constitutional duty to fully fund education and said it would ‘retain jurisdiction’ to make sure the Legislature does so.”

Today’s ruling of the Washington State Supreme Court consists of a majority opinion and an opinion concurring in part and dissenting in part.

Posted at 12:04 PM by Howard Bashman



“Motion for New Trial in Obsidian Finance Group, LLC v. Cox“: Eugene Volokh has this post at “The Volokh Conspiracy.” You can access the motion for a new trial at this link.

Posted at 9:26 AM by Howard Bashman



“Malone has most cash in chief justice race; Graddick top fundraiser”: This article appears today in The Montgomery (Ala.) Advertiser.

Posted at 9:00 AM by Howard Bashman



“CA court to mull expiration date for clergy abuse”: The Associated Press has a report that begins, “California’s highest court is hearing a precedent-setting case that could expose California’s Roman Catholic dioceses to another round of clergy abuse lawsuits.”

Posted at 8:47 AM by Howard Bashman



“Court Restores $28 Mil. Punitives Award in HRT Case”: In today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, Amaris Elliott-Engel has this article in which I am quoted. I presented the appellate oral argument on the plaintiff’s behalf in the case that is the subject of the article’s headline.

My earlier coverage of the two related rulings (Kendall v. Wyeth, Inc. and Barton v. Wyeth Pharmaceuticals, Inc.) that the Pa. Superior Court issued on Tuesday can be accessed here and here.

Posted at 8:45 AM by Howard Bashman



Wednesday, January 4, 2012

“Does the First Amendment protect your right to speak for a living?” Clark Neily and Paul Sherman have this essay online at The National Law Journal.

Posted at 11:00 PM by Howard Bashman



“Judicial Qualifications Commission wants future jurisdiction for former Judge Paul Hawkes”: The Tampa Bay Times has a news update that begins, “On his way out the courthouse door Wednesday, 1st District Court Judge Paul Hawkes was told by the Judicial Qualifications Commission that they’ll be waiting if he ever tries to be a judge again.”

Posted at 10:52 PM by Howard Bashman



“Health-Law Opponents Try to Add Plaintiffs to Lawsuit”: In Thursday’s edition of The Wall Street Journal, Jess Bravin and Emily Maltby will have an article that begins, “A small-business group fighting President Barack Obama’s health-care law asked the Supreme Court on Wednesday to add two plaintiffs to its lawsuit after possible problems arose with an initial plaintiff.”

Posted at 10:48 PM by Howard Bashman



“Court records: Lethal injection drug was not for sale.” The Lincoln Journal Star has a news update that begins, “The lethal-injection drug that Nebraska recently bought was meant to be used for ‘test and evaluation’ purposes in Zambia only and was not supposed to be sold, according to documents filed Wednesday with the Nebraska Supreme Court.”

And The Omaha World-Herald has a news update headlined “Death-row inmate files motion with Neb. Supreme Court.”

Posted at 10:40 PM by Howard Bashman



“What is a recess? Constitution doesn’t specify.” The Associated Press has a report that begins, “The Constitution lets presidents make temporary appointments while the Senate is in recess but does not specify what a recess is or how long one must last before that power can be exercised.”

Posted at 5:35 PM by Howard Bashman



The electorate has spoken: The results of the online popularity contest that accompanied the “The 5th Annual ABA Journal Blawg 100” are now available online via this link.

Despite a complete absence of any campaigning, I’m pleased to report that “How Appealing” finished second in the voting in its newly assigned category — “Trial Practice” blogs. Perhaps next year the ABA Journal will see fit to provide appellate-related blogs with their own category for purposes of voting.

Posted at 2:07 PM by Howard Bashman



“Pfizer Must Pay $45 Million in Prempro Cases, Pennsylvania Court Rules”: Jef Feeley of Bloomberg News has this report.

My earlier post, which contains links to the appellate court’s rulings, can be accessed here.

Posted at 1:50 PM by Howard Bashman



“Western Populism and Corporate Electioneering: The Montana Supreme Court.” Richard Pildes has this post at the “Election Law Blog.”

Posted at 11:52 AM by Howard Bashman



“‘Citizens United’ Backlash: Montana Supreme Court Upholds State’s Corporate Campaign Spending Ban.” Mike Sacks of The Huffington Post has this report.

Posted at 11:33 AM by Howard Bashman



“AP sources: Obama bucks GOP, OKs consumer watchdog.” The Associated Press has a report that begins, “In a defiant display of executive power, President Barack Obama on Wednesday will buck GOP opposition and name Richard Cordray as the nation’s chief consumer watchdog even though the Senate contends the move is inappropriate, senior administration officials told The Associated Press.”

Politico.com reports that “W.H. attorneys clear Cordray nomination.”

At WSJ.com’s “Washington Wire” blog, Laura Meckler has a post titled “White House Concludes It Can Appoint Cordray.”

And Alexander Bolton of The Hill reports that “Obama under strong pressure to break precedent on recess appointments.”

Posted at 10:09 AM by Howard Bashman



“Montana Supreme Court upholds election spending limits; The high court upholds the state’s century-old corporate contribution limits, a rebuff of the U.S. Supreme Court decision that allowed businesses to spend as freely as individuals in campaigns”: The Los Angeles Times contains this article today.

And today’s edition of The Helena Independent Record contains an editorial entitled “High court stood up for disclosure.”

Posted at 8:35 AM by Howard Bashman