How Appealing



Wednesday, January 4, 2012

“Chevron Bid to Dismiss $18 Billion Judgment Rejected in Ecuador”: Bloomberg News has this report.

The Associated Press reports that “Ecuador court upholds ruling against Chevron.”

And Reuters reports that “Ecuador court upholds $18 bln ruling against Chevron.”

In somewhat related coverage, the January 9, 2012 issue of The New Yorker contains an article by Patrick Radden Keefe headlined “Reversal of Fortune: A crusading lawyer helped Ecuadorans secure a huge environmental judgment against Chevron; But did he go too far?” The full text of that article, however, is not yet freely available online.

Posted at 8:24 AM by Howard Bashman



Tuesday, January 3, 2012

“Let Noncitizens Contribute to U.S. Elections”: In Wednesday’s edition of The New York Times, Paul Sherman will have an op-ed that begins, “On Friday the United States Supreme Court will meet to decide whether to hear Bluman v. F.E.C., a First Amendment challenge to a federal law that prohibits noncitizens living in the United States (but who don’t have green cards) from making contributions to American political candidates or from spending money on independent speech to influence elections.”

Posted at 10:50 PM by Howard Bashman



“Disgraced journalist makes his case to court”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “Lawyers for disgraced journalist Stephen Glass told California’s highest court Tuesday that the State Bar is unfairly demanding ‘sackcloth, ashes and a vow of poverty’ for Glass to demonstrate that he is morally qualified to practice law.”

The Associated Press reports that “Disgraced journalist makes his case to Calif court.”

And at the “Am Law Daily” blog, Scott Graham has a post titled “Pressing Bar Admission Fight, Notorious Fabulist Stephen Glass Hires High-Profile Appellate Team.” The blog has posted at this link the supplemental brief filed today on Glass’s behalf.

Posted at 10:34 PM by Howard Bashman



In appeal that I orally argued on the plaintiff’s behalf in April 2011, the Pa. Superior Court today has reinstated a $28 million punitive damages award in favor of woman whose breast cancer was caused by ingesting hormone replacement therapy medications: You can access today’s ruling of the Superior Court of Pennsylvania in Kendall v. Wyeth, Inc. at this link. My earlier coverage appears here.

The ruling in the Kendall case is one of two related HRT punitive damages rulings that the Pa. Superior Court issued today. The other decision issued in Barton v. Wyeth Pharmaceuticals, Inc., a case that I did not argue on appeal, and you can access that ruling at this link.

Posted at 5:14 PM by Howard Bashman



“A Federal Judge Responds Defiantly to Chief Justice Roberts; There is a growing gulf between the Supreme Court justices and the rank-and-file federal judges who decide the merits of tens of thousands of cases each year”: Andrew Cohen has this post online at The Atlantic.

Posted at 4:10 PM by Howard Bashman



“Second Guesses: When criminal defendants attack their trial lawyers’ competence.” Lawrence Hurley has this article in the January 2012 issue of California Lawyer magazine.

Posted at 11:54 AM by Howard Bashman



“Ear candles” on appeal: Sadly, it took until the year 2012 for me to learn that placing a burning candle into one’s ear happens to be something. (See, e.g., “Late Show with David Letterman” skit titled “Is this Anything?“)

Today; the U.S. Court of Appeals for the D.C. Circuit issued an opinion that begins, “Ear candles are hollow tubes made of fabric soaked in beeswax or paraffin; a user places one end in his ear and sets the other on fire with an open flame.” Additional information on the practice can be found in this Wikipedia entry.

Posted at 10:48 AM by Howard Bashman



“California’s death penalty: Unusual but not cruel; Capital punishment in California should be streamlined, not abolished.” Charles Johnson has this op-ed today in The Los Angeles Times.

Posted at 9:48 AM by Howard Bashman



“Juries must answer death penalty question for mentally disabled; Pennsylvania court decision sets method to implement landmark U.S. Supreme Court ruling”: Peter Hall has this article today in The Allentown Morning Call.

My earlier coverage of the ruling appears at this link.

Posted at 9:24 AM by Howard Bashman



“Supreme Court: The recusal question; If justices recuse themselves from a case, or refuse to do so when asked, an explanation is warranted.” This editorial appears today in The Los Angeles Times.

Posted at 9:22 AM by Howard Bashman



Monday, January 2, 2012

“Irrationality in Deportation Law”: Tuesday’s edition of The New York Times will contain an editorial that begins, “A stinging opinion by Justice Elena Kagan for a unanimous Supreme Court reinforced last month a message that lower courts have been sending for many years: the law applied in immigration cases too often fails to meet the standards of justice.”

Posted at 10:25 PM by Howard Bashman



“Supreme Court takes up property rights dispute; In a cause celebre for the right, an Idaho couple seeks a hearing on an EPA warning that a dry lot for their dream home is protected ‘wetlands'”: David G. Savage will have this article Tuesday in The Los Angeles Times.

Posted at 10:22 PM by Howard Bashman



“Obama and the definition of ‘recess'”: Politico.com has a report that begins, “President Barack Obama’s ability to jam through appointments during the congressional break depends on one big factor: What the definition of ‘recess’ is.”

Posted at 8:33 PM by Howard Bashman



“Citizen Bopp: Meet the lawyer on a crusade to topple all limits on the role of money in politics.” Viveca Novak has this lengthy profile online at The American Prospect.

Posted at 8:30 PM by Howard Bashman



“US High Court to hold first full hearing on CNMI case; At issue: Compensation for interpreters.” This article appears in Tuesday’s edition of The Saipan Tribune.

Posted at 8:02 PM by Howard Bashman



“Supreme Court case involving Idaho lake house ignites conservative cause against EPA”: Robert Barnes will have this article Tuesday in The Washington Post.

Posted at 7:48 PM by Howard Bashman



Sunday, January 1, 2012

“Judging the Judges: Nevada Supreme Court Justices say they take criticism, comments to heart.” The Las Vegas Review-Journal contains this article today.

Posted at 10:48 PM by Howard Bashman



“Value of Gableman’s legal services disputed; His attorney says they weren’t free, but legal scholars disagree”: In today’s edition of The Milwaukee Journal Sentinel, Patrick Marley has an article that begins, “The new attorney for state Supreme Court Justice Michael Gableman contends the justice did not receive free legal services from a law firm even though Gableman ran no risk of having to pay those bills — a viewpoint that drew sharp disagreement from some lawyers and legal scholars.”

Posted at 10:32 PM by Howard Bashman



“‘Super PACs’ are showing their power; Early activity in the race for the GOP nomination heralds a transformation across the country since a Supreme Court decision lifted the limits on individual and corporate donations to independent political groups”: This article appears today in The Los Angeles Times.

Posted at 10:30 PM by Howard Bashman