“Circuit split! 5th Circuit says AG suits are mass actions under CAFA.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.
Posted at 9:00 PM by Howard Bashman
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![]() Monday, November 26, 2012
“Circuit split! 5th Circuit says AG suits are mass actions under CAFA.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report. Posted at 9:00 PM by Howard Bashman“6th Annual ABA Journal Blawg 100”: The December 2012 issue of ABA Journal magazine will contain this article. I am pleased to report that “How Appealing” has again made the list and has also been inducted into the “Blawg 100 Hall of Fame.” Posted at 4:08 PM by Howard Bashman“Court: Who counts as a supervisor?” The Associated Press has this report. You can access the transcript of today’s U.S. Supreme Court oral argument in Vance v. Ball State Univ., No. 11-556, at this link. Update: In other coverage, Jonathan Stempel of Reuters reports that “Supreme Court struggles over workplace harassment standard.” And at “SCOTUSblog,” Lyle Denniston has a post titled “Salvaging a lost cause?” Posted at 2:45 PM by Howard Bashman“‘Politicians in Robes’? Not Exactly, but . . .” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times. Posted at 2:44 PM by Howard Bashman“High court weighs Georgia hospital merger”: The Associated Press has this report. Update: You can access the transcript of today’s U.S. Supreme Court oral argument in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, at this link. Posted at 11:58 AM by Howard BashmanUpcoming appellate court oral arguments: Within the next 16 days, I will have the pleasure of arguing cases before each of Pennsylvania’s three state appellate courts. Tomorrow morning, I will be in Harrisburg, Pennsylvania to argue a case before the Supreme Court of Pennsylvania. The case is a direct appeal in a matter that originated in the Commonwealth Court of Pennsylvania. The Court has granted oral argument on the following issue:
Next, on Wednesday of this week, I will be arguing on behalf of the plaintiffs-appellees in four related appeals pending before a three-judge panel of the Superior Court of Pennsylvania. In November 2011, Nate Raymond of The American Lawyer reported on the decision in that case in an article headlined “Moss Sides With Plaintiffs in Reglan Mass Tort; A Philadelphia trial judge overseeing mass tort litigation involving the digestive drug Reglan on Friday denied a bid by generic manufacturers to dismiss claims against them in roughly 2,000 lawsuits on the basis of a recent U.S. Supreme Court decision.” Additional coverage of the ruling can be accessed here and here. The brief for plaintiffs-appellees that I filed in one of those consolidated appeals can be accessed here. And finally, on Wednesday, December 12, 2012, I will be back in Harrisburg to argue a very interesting appeal on behalf of the defendant-appellant before the en banc Commonwealth Court. Late last year, The Citizens’ Voice of Wilkes-Barre, Pennsylvania reported on the trial court’s ruling in an article headlined “Judge awards millions to Dallas, Pittston Area from health trust.” You can access the appellate briefs that I filed on my client’s behalf in that case at the following links: Brief for Appellant; Reply Brief for Appellant. Posted at 11:48 AM by Howard Bashman“Court Told To Consider Issues Unresolved by Health-Care Ruling”: Jess Bravin has this post at WSJ.com’s “Law Blog.” And Jonathan Stempel of Reuters reports that “Top court revives challenge to Obama health law.” Posted at 11:18 AM by Howard BashmanGreg Stohr of Bloomberg News is reporting: He has reports headlined “Religious University Gets Hearing on Health Law Exemption“; “Insanity Defense Appeal Turned Away by U.S. High Court“; and “Reynolds Rejected by Court on $20 Million Smoker Award.” Posted at 10:40 AM by Howard Bashman“Supreme Court refuses William Jefferson’s appeal; 13 year prison sentence upheld”: Bruce Alpert of The Times-Picayune of New Orleans has this news update. Jonathan Stempel of Reuters reports that “Supreme Court rejects appeal of ex-Louisiana congressman.” And Greg Stohr of Bloomberg News reports that “Convicted Ex-Representative Jefferson Loses at High Court.” Posted at 10:34 AM by Howard BashmanAccess online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court did not grant review in any new cases. The Court issued a per curiam opinion in Nitro-Lift Technologies, LLC. v. Howard, No. 11-1377. And Justice Stephen G. Breyer issued a dissent from the denial of certiorari in Delling v. Idaho, No. 11-1515. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined in that dissent. In early news coverage, The Associated Press has reports headlined “Court orders new look at health care challenge“; “High court rejects appeal over insanity defense“; “High court rejects appeal of ex-La. congressman“; “Court rejects plea to block taping of police“; and “Court won’t get into fight over grape patents.” And at “SCOTUSblog,” Lyle Denniston has a post titled “Way cleared for health care challenge.” Posted at 9:40 AM by Howard Bashman“As state’s wetlands dwindle, South Carolina seeks new answer”: Today’s edition of The State of Columbia, South Carolina contains an article that begins, “In the nearly 12 years since the U.S. Supreme Court eased federal protections on isolated wetlands, swampy South Carolina has talked at length about how to fill the gap and save these wildlife-rich bogs.” Posted at 8:30 AM by Howard Bashman“Something changed: Picking a Supreme Court justice is now a partisan battle.” Eric Black has this post today at his blog “Eric Black Ink” online at MinnPost. Posted at 8:27 AM by Howard Bashman“State NAACP questions state judge’s partisanship”: Today’s edition of The Daily Tar Heel contains an article that begins, “N.C. Supreme Court Justice Paul Newby prevailed in a close race to retain his seat on election night earlier this month — and critics are already raising concerns about his ability to rule impartially.” Posted at 8:24 AM by Howard Bashman“Supreme Court To Look At Who Is A ‘Supervisor’ In Harassment Cases”: Today’s broadcast of NPR’s “Morning Edition” contained this audio segment featuring Nina Totenberg. Posted at 8:22 AM by Howard Bashman“Pennsylvania judges sue over mandatory retirement at 70; Northampton County jurist Leonard Zito is among six challenging the requirement”: This article appears today in The Morning Call of Allentown, Pennsylvania. Posted at 8:00 AM by Howard Bashman“Terrorism Law Is a Niche for a Deepening Pool of Defenders in New York”: The New York Times contains this article today. Posted at 7:44 AM by Howard Bashman“Close Guantanamo Prison”: This lengthy editorial appears today in The New York Times. Posted at 7:40 AM by Howard BashmanSunday, November 25, 2012
“U.S. Supreme Court poised to take up gay marriage”: Howard Mintz will have this article Monday in The San Jose Mercury News. Posted at 10:48 PM by Howard Bashman“Tidying up the 2012 election”: In Monday’s edition of The Washington Post, Robert Barnes will have an article that begins, “They are still counting votes in Ohio, a process that once seemed as if it might transfix the nation and require the attention of the Supreme Court, but now it’s something more like an asterisk.” Posted at 9:30 PM by Howard Bashman“Do We Still Need the Voting Rights Act? The Supreme Court is poised to invalidate part of the civil-rights era law that regulates Southern states’ polling practices.” Ben Jacobs has this essay online at The Daily Beast. Posted at 8:24 PM by Howard Bashman“Voters should have more to go on than just names”: In today’s edition of The Columbus Dispatch, columnist Joe Hallett has an essay that begins, “Shortly after Gov. Ted Strickland appointed her in January 2011 to a vacancy on the Ohio Supreme Court, Justice Yvette McGee Brown found herself locked in debate with Justice Robert Cupp.” Posted at 8:20 PM by Howard Bashman“Justice on elections: ‘Hate the game, don’t hate the player.'” Columnist Peggy Fikac of The San Antonio Express-News has an essay that begins, “Texas Supreme Court Justice Don Willett showcased himself as such a staunch conservative in his re-election bid that a writer in The Atlantic used him to highlight what’s wrong — albeit perfectly legal — with the system of partisan judicial elections.” Posted at 8:16 PM by Howard Bashman“Consensus Eludes Courts in Searches of Cellphones”: This article will appear Monday in The New York Times. Posted at 7:42 PM by Howard Bashman“Supreme Court decides this week whether to rule on gay marriage; Timing will be at issue as the justices confer; In the past, the court has been faulted for waiting too long or moving too quickly on recognizing constitutional rights”: David G. Savage has this front page article today in The Los Angeles Times. Posted at 7:40 PM by Howard Bashman“Same-sex case ruling favors gay employee”: In today’s edition of The San Francisco Chronicle, Bob Egelko has an article that begins, “A regional court council has ordered San Francisco’s federal court to pay an employee’s costs for insurance coverage for his husband, citing an increasing number of rulings that have declared Congress’ ban on same-sex spousal benefits unconstitutional.” Posted at 11:44 AM by Howard Bashman“Benefits fight brings lesbian couple to high court”: The Associated Press has this report. Posted at 11:11 AM by Howard Bashman“California Horror Stories and the 3-Strikes Law”: Brent Staples has this “Sunday Observer” essay in the Sunday Review section of today’s edition of The New York Times. Posted at 11:04 AM by Howard Bashman“Supreme Court should permit states to collect DNA”: Yesterday’s edition of The Newark (N.J.) Star-Ledger contained this editorial. Posted at 11:00 AM by Howard Bashman“Juvenile Injustice”: This editorial appears today in The New York Times. Posted at 10:58 AM by Howard Bashman“A call to Justice David Souter”: Gray Fitzgerald had this op-ed yesterday in The Keene (N.H.) Sentinel. Posted at 10:57 AM by Howard Bashman“Voters’ misjudgments on judges cry out for a method that involves merit”: Columnist Brent Larkin had this op-ed yesterday in The Cleveland Plain Dealer. Posted at 9:50 AM by Howard Bashman“The Senate’s Long Slide to Gridlock”: This front page article appears today in The New York Times. Posted at 9:12 AM by Howard Bashman“Under the U.S. Supreme Court: Justices consider DOMA challenges, Prop 8.” Michael Kirkland of UPI has this report. Posted at 9:07 AM by Howard BashmanSaturday, November 24, 2012
“Decisions Open Door to Appeals of Plea Bargains”: This article appears today in The Wall Street Journal. You can freely access the full text of the article via Google News. Posted at 10:58 AM by Howard BashmanFriday, November 23, 2012
“Court to hear mental competency of accused Atwater inmate”: Michael Doyle of McClatchy Newspapers has this report. Posted at 3:54 PM by Howard Bashman |
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