How Appealing



Friday, May 11, 2012

“Federal Judge Richard Posner takes on science and law; Technical advances outpace, outsmart many in court, he says”: In today’s edition of The Chicago Tribune, Ameet Sachdev’s “Chicago Law” column begins, “Richard Posner, a distinguished federal judge in Chicago, paints an unsettling picture of how judges deal with the intersection of science and the law, an increasingly busy and complex juncture.”

Posted at 12:58 PM by Howard Bashman



Thursday, May 10, 2012

“Howard Bashman’s ‘How Appealing’ Turns 10”: Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 10:44 PM by Howard Bashman



“Three states, one drug, and a Supreme Court ruling”: At Alison Frankel’s “On the Case” from Thomson Reuters News & Insight, Nate Raymond has a report that begins, “In the 11 months since the U.S. Supreme Court limited consumers’ ability to sue generic drug companies for personal injuries in Pliva v. Mensing, the acid reflux drug Reglan has been front and center as lower courts interpret the decision.”

Posted at 5:02 PM by Howard Bashman



“New York Kosher Label Act Is Constitutional, Court Says”: Bloomberg News has a report that begins, “A New York law regulating the marketing and labeling of kosher food doesn’t violate the U.S. Constitution, a federal appeals court ruled, rejecting a First Amendment challenge.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 4:51 PM by Howard Bashman



“Ben-Gal case can proceed; Appeals court rules on website lawsuit”: Today’s edition of The Cincinnati Enquirer contains an article that begins, “The 6th U.S. Circuit Court of Appeals on Wednesday ruled that 2011 Cincinnati Ben-Gals cheerleader Sarah Jones can proceed with her defamation lawsuit against the online gossip website TheDirty.com.”

Posted at 2:17 PM by Howard Bashman



Programming note: In connection with an appeal that I’m scheduled to argue on Tuesday of next week, I will be meeting with co-counsel this morning for an oral argument prep session. Additional posts will appear here this afternoon.

Posted at 8:30 AM by Howard Bashman



“Facebook bullying case heads to Supreme Court”: The Canadian Press has a report that begins, “Canada’s top court is scheduled to hear a case today involving a teenage Nova Scotia girl who was allegedly defamed on a bogus Facebook page.”

Postmedia News reports that “Supreme Court to hear Facebook cyberbullying case.”

And The Vancouver Sun reports that “Vancouver lawyer acts as ‘friend of court’ in first Facebook privacy case.”

The Supreme Court of Canada’s web site offers a summary of the case and provides access to the redacted brief for appellant.

Posted at 8:27 AM by Howard Bashman



“Plaistow woman’s lawsuit could end up before Supreme Court”: Today’s edition of The Manchester (N.H.) Union Leader contains an article that begins, “A lawsuit that netted a Plaistow woman the largest jury award in state history could potentially be argued in front of the U.S. Supreme Court, according to her attorney and a legal expert. The U.S. Court of Appeals for the First Circuit recently affirmed a trial court ruling that awarded Karen Bartlett of Plaistow more than $21 million in damages after an anti-inflammatory drug left her with extreme burns and permanent near-blindness.”

My earlier coverage of last Wednesday’s First Circuit ruling appears here and here.

Posted at 8:21 AM by Howard Bashman



“Oregon veteran seeks Supreme Court review of divorce court allocation of his disability pay”: Today’s edition of The Oregonian contains an article that begins, “It’s an argument that has raged in some veterans’ circles for years: Do family courts have the right to consider income from veterans’ benefits when calculating spousal or child support? A disabled Air Force reservist from Albany is seeking to bring the question before the U.S. Supreme Court — again.”

Posted at 8:15 AM by Howard Bashman



“Galveston beach homeowners prepare to exert rights; Battle may be looming after high court ruling”: Harvey Rice has this article today in The Houston Chronicle.

Posted at 8:14 AM by Howard Bashman



Wednesday, May 9, 2012

“Fla. Supreme Court hears class action argument”: The Associated Press has a report that begins, “A pay day loan company’s lawyer argued Wednesday that the Florida Supreme Court must uphold a contract provision prohibiting customers from banding together in class action arbitration cases against the firm because of a 2011 U.S. Supreme Court decision.”

Posted at 8:50 PM by Howard Bashman



“Google Says Supreme Court Law Rubbishes Android Verdict”: The “Wired Enterprise” blog has a post that begins, “Google has officially filed for a mistrial in its legal battle with Oracle over the Android mobile operating system, arguing that under settled Supreme Court law, the partial verdict returned by a jury on Monday cannot stand.”

Posted at 8:42 PM by Howard Bashman



“R.I. Gov. Chafee to appeal Pleau case to U.S. Supreme Court”: The Providence Journal has a news update that begins, “Citing Rhode Island’s longstanding ban on the death penalty, Governor Chafee announced Wednesday the state will appeal a decision demanding its surrender of a murder suspect to federal custody to the U.S. Supreme Court.”

My earlier coverage of Monday’s en banc First Circuit ruling appears here and here.

Posted at 8:12 PM by Howard Bashman



“For Bashman, influential blog and appellate work still appealing”: Tony Mauro of The National Law Journal has this report (free registration required).

For those who cannot access the complete article using the link provided above, you can view the text of the article by clicking here.

Posted at 5:55 PM by Howard Bashman



“Report: Appeals court chokes off Gitmo reviews.” Mark Sherman of The Associated Press has an article that begins, “A new report finds that the federal appeals court in Washington has effectively blunted a 2008 Supreme Court decision giving detainees at the Guantanamo Bay naval brig the right to contest their ongoing confinement.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Documenting detainees’ legal woes.”

Posted at 4:55 PM by Howard Bashman



“Judicial independence: The new threat from within.” At MinnPost.com, Judge Steve Leben and Judge Kevin S. Burke have an essay that begins, “In election years, judges frequently come under attack for a specific decision. And since judges generally can’t comment publicly about pending cases beyond what was said in the decision itself, judges can be an easy target.”

Posted at 1:20 PM by Howard Bashman



“Client dies in prison, but lawyer still seeks to prove innocence; Attorney asks the California Supreme Court to decide the case of Dennis Lawley, who was convicted and sentenced to death in a 1989 murder for hire; The bid for freedom was filed in 2008 and had languished”: Maura Dolan has this article today in The Los Angeles Times.

Posted at 1:17 PM by Howard Bashman



“Health Law Repeal to Cost Seniors $20,000, Fidelity Says”: Bloomberg News has a report that begins, “Retirees may pay about $20,000 more for medical care if the U.S. Supreme Court overturns the 2010 health care overhaul, Fidelity Investments said.”

Posted at 12:57 PM by Howard Bashman